The information posted below is from a well-known article written by Jim March on 5/16/2002 titled, "California Knife Laws: A Comprehensive Guide," url:
Also Sy Nazif, Esq. article is from the Bailingwire, newsletter.
Philip & Bill
FOR THOSE OF US HERE IN O`SIDE CA, it is written out below.
THE LAWS VARIE FROM CITY TO CITY, TOWN TO TOWN,
COUNTY TO COUNTY ALSO....
California Knife Laws, Since Oceanside PD follows the state statue here it is,
Oceanside City Code 20. 10
SECTION FIVE: DEALING WITH LAW ENFORCEMENT WHEN PACKIN' STEEL
First thing: don't get nervous. If you've read this, you're not going to be breaking any knife laws. California's knife laws are actually pretty decent, better than most states (even the shall-issue gun permit ones). If you're nervous, the cop will read that, and he won't know what to think - but the conversation WILL go downhill.
If you're walking past a cop with a legally concealed knife, DO NOT "pat the knife" to make sure the concealment is still effective. That's the number one way cops spot people packing guns illegally. They'll think that's what you're doing. The resulting conversation won't be pleasant.
If there's any chance at all that the guy is gonna search you, politely declare that you're carrying a "pocketknife legal under state law". Got that? Tell him where it is on you, let him take control of it. DO NOT SCARE THE DUDE WITH THE BADGE AND GUN. Don't reach for nuthin' unless he tells you to do so. At all times, act like this is just a normal business transaction.
So what if he/she thinks your piece(s) is/are illegal?
You explain that California knife law has changed a bunch of times starting in 1997 and twice more that you know of, so you're not terribly surprised there's confusion. Calmly explain as much of the relevant Penal Codes as you can recall...if you're into big folders, PC653k and the bit in 12020 about "not readily available if concealed in the closed position" is a start. If he ain't buying, calmly ask for a supervisor.
If he wants to confiscate your cutlery, ASK FOR A RECEIPT. If he says anything about "that'll mean you'll get a ticket too, and/or an arrest", stand your ground and calmly ask for a receipt. He's bluffing because he wants your knife. Sorry if any cops reading this are offended, but it happens - I've met enough people it's happened to to be a believer, although it hasn't happened to me. If he just plain takes it without a receipt, get his badge number and/or car number (if the latter is all you can get, record the TIME). If it was a city or county cop, make a THEFT complaint in detail with your nearest California Highway Patrol station (they investigate local wrongdoing). If it was CHP, hmmm...complain to the CHP supervisors maybe, or the Sheriff, but for God's sake don't let 'em off clean.
IF YOU HAD TO THREATEN AN ASSAILANT WITH A DRAWN BLADE:
You have two choices: get the hell out of there ASAP and travel far and fast, because odds are, crooks that get chased off by an armed citizen love to file a "he threatened me" complaint and bust YOU. Bug out. NOTE: we're talking about a situation in which you haven't committed a crime, and since no actual violence occurred neither did anybody else. So "fleeing the scene" rules don't really apply. And you also don't want the SOB coming back with reinforcements and/or heavy artillery. Time to go!
If that's not possible, because the crook knows where you are or who you are (or have your car's license plate number), jump on 911 and report an attempted crime, pronto. There are too many lazy cops that just believe the first complaint. Make yours first. You'll probably have one major advantage: the crook will have a violent record and you won't.
IF YOU HAD TO ACTUALLY DRAW BLOOD IN DEFENSE:
When the cops show up, there are only three things you should say: I was in fear of my life, I'm too shaken up to talk, I want a lawyer. (If there are witnesses you know of, point them out to the cops and tell the cops to talk to them.)
Bernie Goetz didn't do that. He was furious at the four attempted muggers, he made that anger plain in a long discussion down at the station, and he ended up getting charged with murder and attempted murder when it was absolutely clear-cut self defense.
When a cop gets involved in a shooting, they understand that immediately afterwards, he's too shaken to explain clearly what happened. So most departments give him 24 hours to settle down before talking to him. But if you're involved in lethal force, some will take advantage of your rattled state to pry garbled statements out of you. You HAVE the right to remain silent. Use it.
I'm assuming here that if you drew or used steel, you had a damned good reason. That's a subject for a much more detailed (not to mention PROFESSIONAL) treatment - see Introduction for some reference works.
Oceanside City Code 20. 10
Knife Laws in
: Is It Legal Carry One? California
Written by Sy Nazif, Esq Taken from the BAILING WIRE,
was given to me by John, From ABATE, of CA
For my first Bailing Wiring Column, I was asked to write about knife laws in
. After researching the law, I certainly understood why some confusion exists as to what is legal to carry and what isn’t: there are over a dozen statutes on the subject, as well as numerous municipal codes, and inconsistent court decisions that further muddy the water. This article is intended to shed some light on the rules and inconsistencies in California knife laws. California
Switchblades - Penal Code § 653k
Concealed Knives, Dirks, and Daggers - Penal Code § 12020
Cane Swords and other Disguised Blades - Penal Code § 20200 et seq
Possession of Knives on School Grounds - Penal Code § 626.10
Brandishing Knives - Penal Code § 417
Local Ordinances - Here's Where the Law Gets Messy
No Length Law for Folding Knives in California
Over View of California Knife Laws
THANK YOU AGAIN , TO CHECK OUT MORE GO TO JM`S
article written by Jim March on 5/16/2002 titled,
"California Knife Laws: A Comprehensive Guide," url: