OFF THE WIRE
In our last post, we discussed California’s laws on carrying knives,
including a look at laws specific to the City and County of Los Angeles.
The City of San Francisco takes these laws even further. Under SF
Police Code Article 17, § 1291(a), the city designates all of the
following as “dangerous weapons”: any knife with a blade three inches or
more in length; any spring-blade, switch-blade, or snap-blade or other
similar type 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; and any cutting, stabbing, bludgeoning weapon
or device capable of inflicting grievous bodily harm.
Note that at the state level, a switchblade under 2″ is legal. In SF,
possession of “any spring-blade, switch-blade, snap-blade knife, or
other similar type knife, or any knife any blade of which is
automatically released by a spring mechanism or other mechanical device”
is illegal, with a mandatory minimum of 30 days in the clink. See 17
SFPC § 1292.
Under 17 SFPC § 1291(b), if you carry any “dangerous weapon” (defined
above) concealed on your person, it is a crime to “loaf or loiter upon
any public street, sidewalk, or alley, or to wander about from place to
place, with no lawful business thereby to perform, or to hide, lurk,
loiter upon or about the premises of another.” A lot of people might see
this as overbroad, as in, the police could stop you at any time you
were not actively on a job, on your property or on another’s property as
a guest. The courts, however, have found (1) that San Francisco (and
other cities) can supplement the less restrictive state laws, and (2)
that this restriction is not overbroad, since it’s touching on a defined
weapon. See Yuen v. Municipal Court (1975). And if you’re
carrying a concealed “dangerous weapon” on your person, you can’t
legally be in any place in the City of San Francisco where intoxicating
liquors are sold, or any other place of public resort (for instance, a
farmer’s market, flea market, street fair), even if you’re a paying
customer. See 17 SFPC § 1291(d).
There’s an exception to all of these for “ordinary tools or equipment
carried in good faith for uses of honest work, trade or business or for
the purpose of legitimate recreation,” and this will usually cover your
folded pocket knife, assuming you can explain why you need it. See 17
SFPC § 1291(e).
Additionally, under San Francisco Park Code § 4.01, carrying “dirk”
knives, “bowie” knives or other fixed blade knives in a park is
considered to be disorderly conduct, it doesn’t matter if it’s openly
carried legally under state law, it’s still not allowed in a park.
That’s another way that SF’s laws are stricter than the state laws.
The same goes for Port lands: under SF Port Code § 3.1, carrying
“dirk” knives, “bowie” knives or other fixed blade knives on Port lands
is considered to be disorderly conduct. Again, it makes no provision for
if it’s openly carried legally under state law. You have to watch out
here, because a lot of SF is Port land.
If you’re convicted under any part of § 1291, § 4.01 or § 3.1, you’re
looking at a misdemeanor on the record and up to 6 months in the
slammer, a $500 fine, or both. See 17 SFPC § 1291(f).
