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Sunday, December 17, 2017

Veterans check this out.

Veterans check this out. Hopefully, things are getting better. Lord knows how much work lies ahead to make things right. For CA residents and folks believing the political rhetoric claiming single payer systems (government run) is the solution for healthcare, think again. The VA is the most glaring example.
I recieved this from the VA and it shows me that there are changes being made by the new Administrator. Please share this with veterans.
Since you last filed a VA disability claim, VA has improved the claim process by launching the Decision Ready Claims (DRC) Program.
When you file a DRC, you can get a decision on your claim in 30 days or less by working with an accredited Veterans Service Organization (VSO). Your VSO will help you gather and submit all relevant and required evidence so your claim is ready for VA to make a decision when you submit it.
You can now file a DRC for the following claim types:
• Direct Service Connection Claims
• Presumptive Service Connection Claims
• Secondary Service Connection Claims
• Increased Disability Claims
• Dependency and Indemnity Compensation (DIC) Claims
• Pre-Discharge Claims
Don’t miss out on this important opportunity to get a faster claim decision. Learn more about the DRC Program, including eligibility requirements, what medical evidence you need to submit, and how to find an accredited VSO at https://www.benefits.va.gov/compensation/drc.asp.
Thank you for your service!
Veterans Benefits Administration
Information and resources related to Decision Ready Claims.
benefits.va.gov
OFF THE WIRE
Keep the net free of government...

Congress can overrule the FCC vote. This is how.

Fight for the Future will contact you about future campaigns. Privacy Policy
Or text BATTLE to 384-387 to contact Congress and stop the FCC.
The FCC just voted to gut net neutrality rules, letting Internet providers like Verizon and Comcast control what we can see and do online with new fees, throttling, and censorship. But we can still get Congress to stop this—by passing a "Resolution of Disapproval" to overturn the FCC vote. We can win. Write and call Congress now!

If your member of Congress hasn't supported net neutrality yet, you need to make them.

Now that the FCC has voted to end net neutrality rules, only Congress can keep the rules in place. With a simple majority vote in both houses, they can use the Congressional Review Act to vote on a "Resolution of Disapproval" that overrules the FCC vote. But to do that, they need to hear from constituents. Click their faces below to Tweet them. Then, call them too. Then try to schedule a meeting.
Choose your state:

Against net neutrality or Unknown:

What is net neutrality? Why does it matter?

Net neutrality is the principle that Internet providers like Comcast & Verizon should not control what we see and do online. In 2015, startups, Internet freedom groups, and 3.7 million commenters won strong net neutrality rules from the US Federal Communication Commission (FCC). The rules prohibit Internet providers from blocking, throttling, and paid prioritization—"fast lanes" for sites that pay, and slow lanes for everyone else.

We are Team Internet. We support net neutrality, freedom of speech.

Nearly everyone who understands and depends on the Internet supports net neutrality, whether they're startup founders, activists, gamers, politicians, investors, comedians, YouTube stars, or typical Internet users who just want their Internet to work as advertised—regardless of their political party. But don't take our word for it. Ask around, or watch some of these videos.

They are Team Cable. They want to end net neutrality, to control & tax the Internet.

Cable companies are famous for high prices and poor service. Several rank as the most hated companies in America. Now, they're lobbying the FCC and Congress to end net neutrality. Why? It's simple: if they win the power to slow sites down, they can bully any site into paying millions to escape the "slow lane." This would amount to a tax on every sector of the American economy. Every site would cost more, since they'd all have to pay big cable. Worse, it would extinguish the startups and independent voices who can't afford to pay. If we lose net neutrality, the Internet will never be the same.

Thousands of individuals and sites have protested to defend Internet freedom.

In just one day, websites large and small participated in one of the biggest online protests ever, reaching tens of millions of people, driving over 2 million comments to the FCC and over 5 million emails—and over 124,000 calls—to members of Congress. See the screenshots.
  • Fight for the Future
  • Center for Media Justice
  • Free Press Action Fund
  • Demand Progress
  • GitHub
  • Etsy
  • Kickstarter
  • Netflix
  • Twitter
  • Vimeo
  • BoingBoing
  • Private Internet Access
  • Reddit
  • Y Combinator
  • Mozilla
  • EFF
  • OkCupid
  • 18 Million Rising
  • 99 Designs
  • AALL
  • accessnow
  • ACLU
  • Discord
  • Automattic

On December 7th, 2017 thousands protested across the country to stop the FCC.

The new chairman of the FCC was a top lawyer at Verizon. And now he's calling for a vote to kill net neutrality, as a gift to his former employer. So on December 7th, thousands of net neutrality supporters protested outside Verizon retail stores across the U.S. to demand that Congress stop the FCC from destroying the Internet as we know it.

Now, we must convince Congress to stop the FCC. Can you display an alert?

We need your help. Congress could come out to stop the FCC, but generating calls in every House district requires massive amounts of traffic. You can display a prominent alert on your site that shows the world what the web will look like without net neutrality—and asks your visitors to call. Click here for a demo or grab the code on GitHub. None of these will actually block, slow, or paywall your site. But, they will let your users contact their representatives in Congress without having to leave your page. They appear once per user per day and users can easily click away. Just add this line of code to your site's header:
<script src="https://widget.battleforthenet.com/widget.js" async></script>
  • Countdown
  • Slow
  • Money
  • Stop

You can use these banners and images too...

  • We are just weeks away from an FCC vote tokill net neutrality. Only Congress can stop it.
  • We are just weeks away from an FCC vote tokill net neutrality. Only Congress can stop it.
  • We are just weeks away from an FCC vote tokill net neutrality. Only Congress can stop it.

Want to go above and beyond? Visit your member of Congress.

Meeting in person with your member of Congress is by far the most high-impact thing most people can do right now. Ever since the July 12 Day of Action, we've been helping set up Team Internet meetings with members of Congress. Click here to find a Team Internet drop-in visit, scheduled meeting, or town hall near you. If you're a local business owner who could be harmed by a loss of net neutrality rules, that's even more persuasive. Be in touch.

Extra Reading

Here are some excellent articles for additional depth. They cover the issue, its political history, the struggles we've overcome, and the fight ahead in Congress and at the FCC.

Help catch net neutrality violations, now.

ISPs like Verizon and Spectrum already violate net neutrality rules, but it's hard to spot. OONI, part of the Tor Project, helps catch net neutrality violations and other kinds of online censorship. Can you install the app on your phone, and set it to run daily?

San Mateo County - Judge dismisses cellphone smuggling case against former deputy sheriff

OFF THE WIRE
Judge dismisses cellphone smuggling case against former deputy sheriff
Prosecutors erred in making the case to the grand jury, judge concludes


A San Mateo County Superior Court judge on Dec. 1 dismissed two counts of conspiracy brought by the county against Juan Pablo Lopez, a former Sheriff's Office deputy and a write-in candidate for sheriff in 2014.
Mr. Lopez, who worked in the county jail, had pleaded not guilty to a charge of conspiracy with corrections officers and a gang-affiliated jail inmate to smuggle in two cellphones and Oxycontin over several months, and to allow the inmate to use the phone openly in the jail.
Prosecutors subsequently brought charges of conspiracy, obstruction of justice and gang involvement against Mr. Lopez. He pleaded not guilty to them all; those charges were later modified to two counts of conspiracy.
Representing Mr. Lopez, attorneys Tony Serra and Maria Belyi of the San Francisco-based law firm Pier 5 filed a motion to dismiss the two counts on the premise that the prosecution, in presenting evidence to the grand jury, "did not present the full scope of the evidence" and left out material that could have been exculpatory to Mr. Lopez, Ms. Belyi told the Almanac.
Criminal Presiding Judge Donald Ayoob "had serious concerns," Ms. Belyi said. In summarizing the morning's events, she noted two arguments that the judge agreed on and that led to the dismissal:
• The prosecutor "was imprecise with his language" in describing to the grand jury a letter from a witness, Ms. Belyi said.
In an interview, Deputy District Attorney Sean Gallagher, who is supervising the prosecution of the case, acknowledged that prosecutors did not present the grand jury with an actual piece of paper.
• A photo submitted as evidence allegedly showed an inmate using a contraband cellphone, but the photo actually showed an inmate using a phone borrowed from a deputy because of an emergency, Ms. Belyi said.
In determining the basis for their motion, Ms. Belyi said, she and Mr. Serra "went through all the evidence and saw what was presented and what was left out that needed to presented to the grand jury for them to see the full picture."
"We're very happy with the dismissal of the indictment," she said. "We're waiting to see what happens."
Mr. Gallagher said that prosecutors "absolutely (disagree), no question," with Judge Ayoob's conclusion that the District Attorney's Office erred in presenting the case.
Prosecutors can appeal the decision or refile the case. "We don't have a timetable on the decision," he said, in part because there are other defendants in the case for whom decisions are pending.
Other charges
In connection with Mr. Lopez's unsuccessful 2014 write-in campaign for sheriff against then two-term sheriff Greg Munks, the former deputy faces seven election-related charges: fraud, conspiracy, perjury by filing a counterfeit document, an election code filing violation, an election code voting violation and two counts of forgery, prosecutors said.
Mr. Serra and Ms. Belyi have filed a motion to dismiss this case as well, but their arguments won't be heard until Jan. 25, Ms. Belyi said.
Mr. Lopez has been out of custody on $100,000 bail on the jail-related charges, and out on $170,000 bail on the election-related charges.
Related stories:
Renowned attorney to defend ex-deputy, candidate for sheriff against criminal charges
Defense attorney accuses DA of vendetta in prosecution of sheriff's deputy

Cops Are Scanning Social Media to Assign You a “Threat Rating”

OFF THE WIRE
Cops Are Scanning Social Media to Assign You a “Threat Rating”
Imagine this: Your rating just came back red.
Up until this point, you have never committed a crime, you have never been violent, you have never even so much as run a stop sign. However, this police officer now knows that you made a comment about him punching the (insert handcuffed and helpless victim example here) on facebook, and he literally sees red (your threat rating).
Learn more about this >> http://bit.ly/139FVNe
Via - - Police the Police - (A Community Project)
Online activity, purchases, and “comments that could be construed as offensive,” all contribute to your threat score.

LITTLE JOHNNY IS BACK:

LITTLE JOHNNY IS BACK:
The teacher asked the class to use the word “fascinate” in a sentence.
Molly put up her hand and said, “My family went to my granddad's farm, and we all saw his pet sheep. It was fascinating."
The teacher said, “That was good, but I wanted you to use the word ‘fascinate,’ not 'fascinating'.”
Sally raised her hand. She said, “My family went to see Rock City and I was fascinated.”
The teacher said, “Well, that was good Sally, but I wanted you to use the word ‘fascinate’.”
Little Johnny raised his hand, but the teacher hesitated because she had been burned by Little Johnny before. She finally decided there was no way he could damage the word “fascinate,” so she called on him.
Johnny said, “My aunt Carolyn has a sweater with ten buttons, but her tits are so big she can only fasten eight!”
The teacher sat down and cried.

BABE OF THE DAY

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Saturday, December 16, 2017

Beware The Moon

OFF THE WIRE
Yesterday the British Medical Journal published a 6.000 word monograph titled. “The full moon and motorcycle related mortality: population based double control study.”
The study by Donald Redelmeier, professor of medicine at the University of Toronto, and Eldar Shafir, professor of psychology and public affairs at Princeton University was intended to scientifically determine if it is more dangerous to ride a motorcycle on full moon nights. It is. Slightly.
The authors looked at 13.029 fatal, motorcycle crashes in the United States between 4 p.m. and 8 a.m. on 1482 nights from January 1, 1975 through December 31, 2014. There were 4494 fatal crashes on the 494 nights with a full moon and 8535 on 988 control nights. They found you are about five percent more likely to die on a full moon night than other nights.

Supermoons

“The increase extended to diverse types of motorcyclists, vehicles, and crashes; was accentuated during a supermoon; and replicated in analyses from the United Kingdom, Canada, and Australia.”
Over the four decades, there were an average 9.10 crashes per night during a full moon and 8.64 crashes per night on nights without a full moon.
“The full moon is associated with an increased risk of fatal motorcycle crashes,” the study concluded, “although potential confounders cannot be excluded. An awareness of the risk might encourage motorcyclists to ride with extra care during a full moon and, more generally, to appreciate the power of seemingly minor distractions at all times.”

Wolf Moon Next

Redelmeier and Shafir blame the fatal increase on people’s attraction to beauty. They theorize that riders are more inclined to take their eyes off the road to glance at a full moon. That also explains why supermoons, which are larger and brighter than other full moons are particularly deadly.
The next full Moon in the United States will be the so-called Wolf Moon on January second. It will also be a supermoon.
You can read the entire study here.



BABES OF THE DAY

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Friday, December 15, 2017

Reyna Calls Critics Laughable

OFF THE WIRE
agingrebel.com
McLennan County District Attorney Abelino Reyna thinks repeated questions about his integrity by “biker lawyers” and “disgruntled former employee” are funny.
Since the first “biker brawl” trial ended with a hung jury, Reyna has been repeatedly called deluded and corrupt by people who would not seem to have any particular ax to grind with the small town politician.
In fact, it looks like there is probable cause to believe that Reyna demanded that almost 200 men and women be falsely arrested after a tragically botched, biker sting operation (part of a clandestine joint investigation of the Bandidos Motorcycle Club by the FBI, DEA. ATF and the Texas DPS) at a time when he was under investigation by the Federal Bureau of Investigation for corruption.The only direct evidence of quid prop quo is that the FBI investigation has not yet found a conclusion.
It also looks like Reyna accepted bribes to dismiss charges against people who were justifiably arrested; that his chief assistant was spying on him for the FBI; that he was aware of and protecting a “gambling operation;” that he flaunted his cocaine use and that he may have acquired some of his cocaine from a police evidence room; that he consorted with and did favors for drug dealers; that he deliberately and repeatedly hid evidence that would tend to prove the innocence of people he hoped to convict; that he committed perjury and that he suborned perjury.

No Big Thing

None of this has sparked outrage in Waco, Texas or the rest of the country and it hasn’t attracted anything approaching the interest, speculation, misinformation or litigation that the so-called “Twin Peaks Biker Brawl” attracted. Reyna sees all of the smoke and flames that now surround him from the perspective of an ambitious politician.
Last month, when he announced he was running for reelection, Reyna said, “After seven years on the job, the record is pretty clear. Violent criminals are finally getting the justice they deserve, crime is down and our streets are safer, and we’ve come in under budget every year. The criminal defense bar, disgruntled former employees, and a bunch of out-of-towners from Dallas can try and smear my name all they like, but the facts don’t lie.”
Recently, Reyna has been metaphorically slugging it out with a couple of Twin Peaks defense lawyers named David Conrad Beyer and Brian Bouffard. Yesterday the two Fort Worth attorneys filed and released an affidavit by former Waco detective Sherry Kingrey. Kingrey doesn’t have an obvious motive for lying about Reyna.
Reyna reacted to her affidavit with a statement to Waco television station KCEN that argued:
“The affidavit of Ms. Kingrey secured by a biker defense lawyer and the four-year-old allegations it contains are equally not true and even more laughable than those previously asserted. The only calls I remember from the night of Twin Peaks were to the Waco Police Chief, individuals from my office, my wife, and a current restaurant owner to arrange for food to be brought to our hard working law enforcement men and women. Had Ms. Kingrey been at the scene, she could have enjoyed a tasty chicken sandwich and fries. As for my conversation with Detective Chavez, her affidavit would mean that not only myself but at least two other assistant DA’s who witnessed our conversation are also not telling the truth. Further, had she believed this was important, why did she not address it in any reports while an active officer?”
Reyna might be more credible if he was a little more bold with his lies: If instead of weasel words like “the only calls I remember,” he came right out and said “the only calls I made.”
Kingrey told KCEN, through her lawyer, that her statement was true, that she was at the Twin Peaks that night and that she had had a “cabbage roll.”

Pardon For Pay

Today Bouffard filed and released a letter on Reyna’s official stationary dated December 16. 1013 in which Reyna asks the Texas Board of Pardons and Parole to fully pardon Kevin Chirafis. Reyna admits in the letter that he met Chirafis through his uncle Sammy Citrano and describes Chirafis as his “good friend.”
The letter substantiates an allegation made by Reyna’s former top assistant, Greg Davis, in an affidavit filed in another Twin Peaks case on November 10. Davis wrote:
“In addition to having cases dismissed for political and/or personal reasons, I also know that Reyna wrote at least one letter -requesting .a full pardon for a campaign supporter’s relatoive. For example, even though the DA’s office had a policy of opposing early parole for offenders, Reyna wrote a letter in December 2013 requesting a full pardon for Sammy Citrano’s nephew Kevin Chirafis who had been convicted of the felony offense of Manufacture and Delivery of a Controlled Substance in Brazos County.”
At the time, Reyna dismissed his former assistant’s claim about the pardon as “fake news.”


BABE OF THE DAY


Thursday, December 14, 2017

Bruce Brown - died Sunday in Santa Barbara.

OFF THE WIRE
agingrebel.com
Bruce Brown, a film maker who was briefly famous for two landmark documentaries about a now vanished America and world, died Sunday in Santa Barbara.
The films, were The Endless Summer about the joy of riding surfboards and On Any Sunday which was about the joy of riding motorcycles.
He grew up in Long Beach where, as the writer Drew Kampion once put it, he “majored in not going to school.” He did a hitch in the Navy and was working as a lifeguard when he started making 16 mm films.
Brown shot The Endless Summer in 1963 and 1964, It is about a couple of guys named Robert August and Mike Hynson who surf their way around the world. Brown couldn’t find a distributor for the movie so he “four walled” it. He rented out movie theaters and showed the film there. It became a hit in Wichita, Kansas and eventually grossed $30 million – which was a more significant sum in 1964 than it is today.
He made On Any Sunday in 1971 at the urging of and with the financial backing of the actor Steve McQueen. It was nominated for an Oscar.
For the rest of his life, Brown was mostly content to surf, shoot and play motorcycles. He told the Los Angeles Times “I don’t want to go to Hollywood. I’d rather live in a trailer on a perfect surf break than live in Beverly Hills in a mansion with 50 servants and Rolls-Royces.”
Working with his son Dana Brown, he released The Endless Summer 2 in 1994 and a sequel to On Any Sunday in 2014.
He is also survived by his son Wade Brown and daughter Nancie Brown, eight grandchildren and two great-grandchildren.
Bruce Brown was 80. He lived his life his way.
Requiscat In Pace


California looks at dumping gas tax for per-mile fee as cars use less fuel

OFF THE WIRE
 Increases to California's gas tax were approved in 2017 and will continue for years.

By Tony Bizjak

tbizjak@sacbee.com
My feed

Weeks into a new gas tax hike, California transportation officials said Thursday they are studying ways to charge drivers based on how many miles they drove since their last fill-up rather than the amount of fuel they use.

The problem? California drivers are choosing such fuel-efficient cars that the state fears it will be deprived of enough road construction revenues in the long run.

The Caltrans study – the California Road Charge Pilot Program report – is billed as a way for the state to move from its longstanding but outmoded pump tax to a system where drivers pay based on their odometer readings.

Caltrans Deputy Director Carrie Pourvahidi said the state will send out a request early next year to technology companies for ideas on a simple communication system at gas stations or electric charging stations that can instantly tell how many miles the car has driven.

“It’d be point-of-sale technology,” she said. “We’re looking for something so simple that there is nothing (the driver) has to do.”

If the state finds technology that works, it will apply for a federal highway grant to explore how to set up a statewide system. Other states have been looking into switching to a per-mile road tax, but California appears to be the first to look at point-of-purchase technology in recent years, Pourvahidi said.

Officials say the research stems from the state’s struggles to come up with adequate per-gallon pump revenues as more cars get higher mileage.

Gov. Jerry Brown and the state Legislature passed a controversial set of tax and fee increases this year that they see as a stopgap. Those fees, including a 12-cent per gallon tax increase, are being challenged by tax groups seeking a November 2018 ballot repeal.
In a report issued Thursday, state officials said this year’s Senate Bill 1 tax should succeed in “delaying the expected transportation funding shortage by a decade or more,” but contends the state ultimately will need a new system for funding road maintenance and repair.

Assemblyman Travis Allen, R-Huntington Beach, is an opponent of SB 1 and dismissed the pay-per-mile concept as well, saying the state has adequate funding already.

“It’s another terrible idea from Sacramento Democrats to reduce productivity,” he said.

The California Road Charge Pilot Program report included an overview of a just-finished road charge experiment that enlisted more than 5,000 volunteer drivers to have their mileage monitored over nine months of driving.

Most volunteers used a device plugged into the vehicle’s data port that relied on wireless technology to transmit mileage information to a state contractor. The state then sent each driver a simulated monthly invoice, and drivers sent in online mock payments.

State officials report that the project went well and is doable on a larger basis for the entire state driving population.

However, they said, a system based on paying per mile at the gas pump or charging station could be simpler, more cost effective and more
readily accepted by the public. It likely will take at least until 2025 to come up with a system, the report’s authors said.
That new system will be problematic politically, though.
Rob Stutzman, a consultant who works with Alliance of Automobile Manufacturers, said it could create a policy conundrum for California. “Any effort to charge those users creates a disincentive to purchase alternative fuel vehicles,” he said.
Matthew Baker, policy director for the Planning and Conservation League, an environmental group, said the pay-per-mile concept could help reduce the vehicle miles traveled by California drivers, an important goal for his group, but the fee could have the negative effect of hitting lower-income communities harder.
He said the state should use revenues from a pay-per-mile system to provide more access to non-car travel modes, such as public transit, and should focus efforts as well on creating communities where people don’t have to drive as many miles in their daily lives.
as many miles in their daily lives.

 Related content


Read more here: http://www.sacbee.com/news/local/transportation/article188694739.html#storylink=cpy

Christopher Cadelago The Sacramento Bee
Tony Bizjak: 916-321-1059, @TonyBizjak

Read more here: http://www.sacbee.com/news/local/transportation/article188694739.html#storylink=cpy

Read more here: http://www.sacbee.com/news/local/transportation/article188694739.html#storylink=cpy

Read more here: http://www.sacbee.com/news/local/transportation/article188694739.html#storylink=cpy


Knife Carry Laws in California

OFF THE WIRE
California law makes it illegal to possess and carry certain types of knives. Many are confused as to what types of knives are legal, and which types are illegal. For purposes of this blog we will seek to shed some light as to what constitutes legal carry of knives.
Per the penal code there are many types of “knives”, each with it’s own description and set of laws. These include, ballistic knives, switch blades, folding knives, dirk or dagger, belt knives, assisted opening knives, disguised knives etc. As a general rule of thumb, most exotic types of blades are outright illegal for the common citizen to possess, sale, manufacture, etc. See California Penal Code Section 12020(a)(1) for detail.
What Types of knives can be legally carried?
The three most common types of knives are folding knives, switch blades and fixed blade knives also know as dirks or daggers. We will define each type of knife and explain the laws surrounding them.
Folding knives are knives that “opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position” . All folding knives are legal. California Penal Code Section 17235. As long as they are in the folded position they can be carried in a concealed manner. There is no blade length restriction per the penal code.
Switch blades are generally defined as knives that look like folding knives but lack the above elements. (thumb stud, bias toward the closed position etc). They include spring blades, snap blades, gravity knives or any knife which can be opened automatically. Automatically, meaning by a mechanism, spring, gravity, flick of the wrist etc. The blade must be 2 inches in length or longer in order to be classified as a switch blade. Switch blades are illegal to sell or give away. They are illegal to carry in public, concealed or open. Penal Code section 17235.
For fixed blades (known as a dirk or dagger), or a folding knife in the open and locked position, they must be carried “openly”. California Penal Code section 16470 classifies a dirk or dagger as a knife or instrument with or without a hand guard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. Per the penal code there is no length limit as long as it is carried openly. A knife carried in a sheath that is worn openly suspended from the waist of the wearer is considered open carry and is legal. Penal code section 20200. Carrying a concealed dirk or dagger is illegal pursuant to Penal Code Section 12020(a)(4).
There are restrictions as to carrying knives when entering schools, Universities and Colleges, and Public buildings open to the public such as courts, city halls, police stations etc. For Schools K-12, no knives with blades longer than 2.5 inches are allowed unless they are required for particular work type duties. Razor blades and box cutters are also prohibited. Penal Code section 626.10. For colleges and Universities, no fixed blades bigger than 2.5 inches are allowed. However there is no restriction on folding knives as long as they don’t fall under the category of switch blades. For state or local public buildings, it is illegal to carry any knife with a blade of more than 4 inches onto the premise. California Penal Code Section 171b.

BABE OF THE DAY

Super Sexy Soft Lace Cross Back Panty, Special Design

Wednesday, December 13, 2017

Knife Laws in California: Is It Legal to Carry One?

OFF THE WIRE
The information posted below is from a well-known article written by
Jim March on 12/1/2017 titled, "California Knife Laws: A Comprehensive
Guide," url:

http://www.ninehundred.com/~equalccw/knifelaw.html

Also Sy Nazif, Esq. article is from the Bailingwire, newsletter.

ML&R

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

Sec. 20.10 – Weapons - Possession in Public - Prohibited

No person shall be or appear in any street, alley, sidewalk, parkway
or any public place or place open to public view while carrying upon
his person, or having in his immediate possession, any dangerous or
deadly weapon. This section shall not be construed to duplicate
prohibitions of California state statute, or to prohibit the
possession of weapons expressly authorized by California state
statute.

1.

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

Sec. 20.10 – Weapons - Possession in Public - Prohibited

No person shall be or appear in any street, alley, sidewalk, parkway
or any public place or place open to public view while carrying upon
his person, or having in his immediate possession, any dangerous or
deadly weapon. This section shall not be construed to duplicate
prohibitions of California state statute, or to prohibit the
possession of weapons expressly authorized by California state
statute.
 Knife Laws in California:  Is It Legal Carry One?
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 California.  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.

Of course, I wouldn't be a very good attorney without giving a few
caveats before I begin.  First, remember that carrying any weapon,
even one that’s legal, can cause you a lot of grief with law
enforcement.  Cops routinely write tickets and make arrests for things
they incorrectly think is illegal.  Being found “not guilty” will not
make up for the time and aggravation of getting arrested and missing
work -- not to mention the cost of hiring an attorney.  Also, this
article only covers California law.  State laws can vary greatly, and
taking a knife that is legal in California over state lines may get
you into trouble with federal laws or laws of other states.  Local
ordinances may also impact the legality of your knife.

With those warnings out of the way, California laws covering
switchblades, daggers, and disguised blades are discussed below.  For
those of you with a short attention span, here is the summary:

In California, the following are illegal:  (1) Any knife with a blade
of 2" or longer, that can be opened with a button or the flick of your
wrist; (2) concealed possession of any "dirk" or "dagger," i.e., any
stabbing device with a fixed blade, regardless of blade length; (3)
possession or sale of any disguised blades, i.e., cane swords, writing
pen knives, lipstick knives, etc., or any knife that is undetectable
to metal detectors; (4) possession of a knife with a blade longer than
2 1/2" on any school grounds; (5) possession of a fixed-blade knife
with a blade longer than 2 1/2" on any college or university grounds;
and (6) flashing or waiving any knife or weapon in a threatening
manner.  Also, certain municipalities have their own laws that may
affect the legality of carrying a knife.  In Los Angeles, for example,
it's illegal to openly carry any knife with a blade longer than 3".

Each of the above issues is discusses in greater detail below.

Switchblades  - Penal Code § 653k

Switchblades and other spring-loaded knives are generally illegal in
California. Included in the legal definition of switchblade is "[any]
knife having the appearance of a pocketknife and includes a
spring-blade knife, snap-blade knife, gravity knife or any other
similar type knife, the blade or blades of which are two or more
inches in length and which can be released automatically by a flick of
a button, pressure on the handle, flip of the wrist or other
mechanical device, or is released by the weight of the blade or by any
type of mechanism whatsoever."  The statute expressly excludes pocket
knives that can be opened with one hand by pushing the blade open with
one's thumb, as long as

the knife "has a detent or other mechanism that provides resistance
that must be overcome in opening the blade, or that biases the blade
back toward its closed position."

The statute further states that it is unlawful to : (1) to possess a
switchblade in a vehicle, (2) to carry a switchblade anywhere upon
one's person, or (3) to transfer or attempt to sell a switchblade to
another person. In the 2009 case of People v. S.C., the Court of
Appeals held that possession of a switchblade in a person's pocket,
boot, etc., is unlawful, even if even if in one's own home.  In other
words, it’s illegal to have a switchblade with a 2" or longer blade –
period.

It should also be noted that a pocketknife that was legal when
manufactured, but is broken or modified so that it will open freely,
is a switchblade within the meaning of the statute. For example, in
the 2008 case of People v. Angel R., the Court of Appeals examined a
conviction over a pocketknife that, as originally manufactured, had a
hole in the back of the blade that prevented it from flicking open.
The trial court found, however, that the knife had been modified or
damaged, and the resistance mechanism did not function so that the
knife would open with a flick of the wrist.  Despite the original
design of the knife, the Court of Appeals upheld the conviction.

Concealed Knives, Dirks, and Daggers - Penal Code § 12020

In California, it is illegal for any person to carry concealed,
certain knives, legally described as "dirks" and "daggers," i.e., any
fixed-blade knife or stabbing weapon.  Pursuant to the statute, it is
illegal to carry concealed upon one's person any fixed-blade knife.
This does not include a legal (non-switchblade) pocketknife, as long
as that knife is closed.  Carrying a knife in an openly-worn sheath is
not concealment within the meaning of the statute.  As discussed
below, however, this law may be impacted by local ordinances.

Cane Swords and other Disguised Blades - Penal Code § 20200 et seq

Any knife or blade that is disguised so as to not look like a weapon
is also illegal in California.  This includes, cane swords,
belt-buckle knives, lipstick case knives, air gauge knives, writing
pen knives, etc.  Blades that are undetectable to metal detectors
(e.g., ceramic blades) are also illegal.

Possession of Knives on School Grounds - Penal Code § 626.10

It is illegal for any person to bring or possess "any dirk, dagger,
ice pick, knife having a blade longer than 2 1/2 inches, folding knife
with a blade that locks into place, [or] razor with an unguarded blade
. . . upon the grounds of, or within, any public or private school
providing instruction in kindergarten or any of grades 1 to 12 . . ."
The law with regard to college campuses is similar, but less
restrictive.  Subsection (b) of the statute provides that it is
illegal for any person to bring or possess "any dirk, dagger, ice
pick, or knife having a fixed blade longer than 2 1/2 inches upon the
grounds of, or within, any [college or university]."
Brandishing Knives - Penal Code § 417

In California, it is illegal to brandish any deadly weapon, including
knives.  The law states that it is unlawful for any person to "draw or
exhibit any deadly weapon . . . in a rude, angry, or threatening
manner, or . . . to unlawfully use a deadly weapon."  This does not
include use of such a weapon in self defense.

Local Ordinances - Here's Where the Law Gets Messy

If the laws above seem confusing, as the saying goes, "you ain't seen
nothin' yet."  Local ordinances vary from city to city, and county to
county.  Worse, California courts have been inconsistent in ruling on
the enforceability of these local laws.

For example, in the City of Los Angeles, it is illegal to publicly
carry, in plain view, any knife, dirk or dagger having a blade 3" or
more in length, any ice pick or similar sharp tool, any straight-edge
razor or any razor blade fitted to a handle.  (There are certain
exceptions, such as where the knife is for use in a "lawful
occupation, for lawful recreational purposes, or as a recognized
religious practice.") The County of Los Angeles has a similar rule,
which makes it illegal to openly carry, in public, "any knife having a
blade of three inches or more in length; any spring-blade,
switch-blade or snap-blade knife; any knife any blade of which is
automatically released by a spring mechanism or other mechanical
device; any ice pick or similar sharp stabbing tool; any straight-edge
razor or any razor blade fitted to a handle."  In other words, it is
illegal in Los Angeles County to openly carry any knife with a blade
of 3" or longer.

It gets worse.  Los Angeles Code section 55.01 also makes it illegal
to carry any weapon concealed on one's person.  As such, in Los
Angeles, you can't openly carry a blade over 3", but you can't carry
such a weapon concealed, either.

Interestingly, the Courts have held that the Los Angeles law
forbidding carrying a concealed weapon is invalid.  In the 1968 case
of People v. Bass, a man was arrested and charged with carrying a
concealed folding knife.  The Court of Appeals overturned the
conviction, holding that the Los Angeles law conflicted with the state
law, and was therefore invalid.  Nonetheless, the Los Angeles law is
still on the books.

What is even more interesting is that other, more recent cases
completely contradict the decision in People v. Bass.  In the 1985
case of People v. Gerardoi, the defendant was charged with violating a
local law of the City of Commerce that is nearly identical to the Los
Angeles local law prohibiting carrying blades over 3".  On appeal, the
defendant cited the Bass case, arguing that the city code was invalid.
 The Gerardoi court rejected the holding of Bass, and found that the
city code was valid.

Where does all this information leave us?  The short answer is, in a
mess.  There are certainly things that are illegal: any switchblade
with a blade 2" or longer, or concealed possession of any knife with a
fixed blade.  Other knives may or may not be legal,

depending on how and where you carry them, and where you are in
California.  The best this to do is to check local ordinances before
deciding to carry a knife or any other weapon in California.  Better
yet, think twice before carrying a knife.  As you know, some cops look
for any excuse to hassle bikers.

Ride safe, and stay legal.  If either of these fail, call me!

ABOUT SY NAZIF, ESQ.

Sy Nazif is a life-long motorcyclist and an attorney who specializes
in biker’s rights and representing motorcycle accident victims in
California.  He is a graduate of the esteemed University of California
Hastings College of Law in San Francisco, and has worked with AIM,
NCOM, and the COC.  He later founded RiderzLaw.com and began his own
firm, which is quickly becoming one of the leading motorcycle rights
and injury firms in the state.

sy@riderzlaw.com

1-888-5-RIDERZ

This article is written for informational purposes only and is not to
be construed as legal advice.

Sec. 20.10 – Weapons - Possession in Public - Prohibited

No person shall be or appear in any street, alley, sidewalk, parkway
or any public place or place open to public view while carrying upon
his person, or having in his immediate possession, any dangerous or
deadly weapon. This section shall not be construed to duplicate
prohibitions of California state statute, or to prohibit the
possession of weapons expressly authorized by California state
statute.

Oceanside California Knife Laws. As always I am not a lawyer and these
videos are strictly for informational Purposes only if you need legal
Advice Seek out A Criminal Lawyer. As always read and keep a copy of
all pertaining knife laws for yourself, practice stating them so you
sound confident and intelligent, you're your best advocate. Stopping
the process at the initial contact is better than wining a court case
after lots of legal action.

No Length Law for Folding Knives in California

 http://youtu.be/pKlXR1x9xFU

True in general, but some areas like gov buildings, airports have them
but if you're smart you won't be carrying any knives into those places
toavoid the hassel. For the rest of the state just remember to check
out your local ordinaces and Municipal Codes they might have length
laws you might need to comply with. This is just merely information to
keep yourself a Legal Knife carrying Citizen of California. This video
has the Laws you should know and some definitions for terms for with
in the laws. Remember these videos are for strictly informational
purposes only if you need legal advice seek a Criminal Lawyer.

Over View of California Knife Laws

http://youtu.be/IA54WFX5eww

An Overview of Knife Laws in California, see other videos in series
for more detailed information on each law. Do watch parts 1 - 7
because they pertain to all of California, your City / County laws
"add" to not "take away" from the overall California laws. Reviewing
PC 12020 & PC 653k are "a must" in my opinion because they define
what's legal EDC (Every Day Carry). Link, pass on or just show friends
these videos, the more people know the less "bad law enforcement" can
mess with legal knife carrying citizens. Remember when you travel to
other parts of the state those laws pertain to you, so you must know
the laws of the area you are "staying in" if you are just passing
through an area it's something you can fight in court, the "pass
through law" you can't expect to know and follow every municipal code
in areas you are passing through. but you should and must abide by the
laws in the areas you are staying in. As always I am not a lawyer and
these videos are strictly for informational Purposes only if you need
legal Advice Seek out A Criminal Lawyer. As always read and keep a
copy of all pertaining knife laws for yourself, practice stating them
so you sound confident and intelligent, you're your best advocate.
Stopping the process at the initial contact is better than wining a
court case after lots of legal action.

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:

http://www.ninehundred.com/~equalccw/knifelaw.html