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Tuesday, November 27, 2018
For Immediate Release - November 26th, 2018 - The Motorcycle Riders Foundation Contracts with Husch Blackwell Strategies
OFF THE WIRE
Monday, November 26, 2018
Sunday, November 25, 2018
Sacramento "City" California Knife Ordinance 2016 ( Knife Laws )
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NOTE - I am NOT a lawyer and this post is for informational purposes only. If you need real legal advice on this matter, please contact a criminal law attorney.
Sacramento "City" California Knife Ordinance 2016 ( Knife Laws ) - Published on Oct 30, 2016
City of Sacramento California is in Sacramento County, so abide by its Ordinances as well as California Penal codes.
This talks about the City of Sacramento California's, knife Ordinances that's city not county. Okay, so there seems to be a few, so please read
carefully.
In title 9, Public Peace, Morals & Welfare, there is Chapter 9.32, Weapons & Explosives. within that, Article I, In General. Within that there is Sec 9.32.010, "Dangerous or deadly weapon" defined. It states the term "dangerous or deadly weapon" includes, but is not limited to, any dirk or dagger; any knife with a blade 3 inches or more in length; any snap blade, spring blade or push button knife, regardless of the length of the blade; any ice pick or similar sharp stabbing tool; any straight edge razor or any razor blade fitted to a handle; any dangerous or deadly weapon within the meaning of any law of this state restricting the use thereof; any cutting, stabbing or bludgeoning weapon or device capable of inflicting grievous bodily harm & any firearm other than one carried pursuant to a valid permit, issued by a duly authorized governmental authority, or any ordinary rifle or shotgun lawfully carried for purposes of hunting or other lawful sport.
Penal code 16470 states, as used in this part, dirk or dagger means a knife or other 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. A non locking folding knife, a folding knife that is not prohibited by Sec 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed & locked into position.
Sec 9.32.060, Sale of push button or spring blade knives. It states, it is unlawful for any person to sell or give to anyone in the city any push button or spring blade knife.
Sec 9.32.040, Person carrying concealed dangerous or deadly weapon . Not to loiter about place where intoxicating beverages sold or other place of public resort. It states. It is unlawful for any person who has concealed upon his or her person any dangerous or deadly weapon to loiter about any place where intoxicating liquors are sold or any other place of public resort.
Sec 9.32.020, Person carrying concealed dangerous or deadly weapon . Not to hide, loiter, etc., in public place or on premises of another or wander from place to place. It states. It is unlawful for any person, while carrying concealed upon his or her person any dangerous or deadly weapon, 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 or loiter upon or about the premises of another.
Sec 9.32.030 Person carrying concealed dangerous or deadly weapon . Not to engage in fight, disorderly conduct, etc., in public place or on premises of another. It states. It is unlawful for any person who has concealed upon his or her person or who has in his or her immediate physical possession any dangerous or deadly weapon to engage in any fight or to participate in any other rough or disorderly conduct upon any public place or way or upon the premises of another.
In Sec 9.32.050, Dangerous or deadly weapons prohibited in cars. It is unlawful for any person to have in his or her possession, in any automobile, any dangerous or deadly weapon, but this restriction shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of honest work, trade or business or for the purpose of legitimate sport or recreation.
In Title 8, Health & Safety there is, Chapter 8.08, called. Social Nuisance Code, within that Sec 8.08.080, Generally it states, it is declared a public nuisance & a violation of this code for any person, firm or corporation, whether owner, lessee, sublessor, sublessee or occupant of any premises in this city to permit those premises to be used in such a manner that any one or more of the activities described in the following subsections are found to occur repeatedly thereon. in sub section. F. The firing of gunshots or brandishing of weapons as defined by Penal Code Sec 12020 by a resident, or by a guest of a resident.
NOTE - I am NOT a lawyer and this post is for informational purposes only. If you need real legal advice on this matter, please contact a criminal law attorney.
Sacramento "City" California Knife Ordinance 2016 ( Knife Laws ) - Published on Oct 30, 2016
City of Sacramento California is in Sacramento County, so abide by its Ordinances as well as California Penal codes.
This talks about the City of Sacramento California's, knife Ordinances that's city not county. Okay, so there seems to be a few, so please read
carefully.
In title 9, Public Peace, Morals & Welfare, there is Chapter 9.32, Weapons & Explosives. within that, Article I, In General. Within that there is Sec 9.32.010, "Dangerous or deadly weapon" defined. It states the term "dangerous or deadly weapon" includes, but is not limited to, any dirk or dagger; any knife with a blade 3 inches or more in length; any snap blade, spring blade or push button knife, regardless of the length of the blade; any ice pick or similar sharp stabbing tool; any straight edge razor or any razor blade fitted to a handle; any dangerous or deadly weapon within the meaning of any law of this state restricting the use thereof; any cutting, stabbing or bludgeoning weapon or device capable of inflicting grievous bodily harm & any firearm other than one carried pursuant to a valid permit, issued by a duly authorized governmental authority, or any ordinary rifle or shotgun lawfully carried for purposes of hunting or other lawful sport.
Penal code 16470 states, as used in this part, dirk or dagger means a knife or other 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. A non locking folding knife, a folding knife that is not prohibited by Sec 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed & locked into position.
Sec 9.32.060, Sale of push button or spring blade knives. It states, it is unlawful for any person to sell or give to anyone in the city any push button or spring blade knife.
Sec 9.32.040, Person carrying concealed dangerous or deadly weapon . Not to loiter about place where intoxicating beverages sold or other place of public resort. It states. It is unlawful for any person who has concealed upon his or her person any dangerous or deadly weapon to loiter about any place where intoxicating liquors are sold or any other place of public resort.
Sec 9.32.020, Person carrying concealed dangerous or deadly weapon . Not to hide, loiter, etc., in public place or on premises of another or wander from place to place. It states. It is unlawful for any person, while carrying concealed upon his or her person any dangerous or deadly weapon, 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 or loiter upon or about the premises of another.
Sec 9.32.030 Person carrying concealed dangerous or deadly weapon . Not to engage in fight, disorderly conduct, etc., in public place or on premises of another. It states. It is unlawful for any person who has concealed upon his or her person or who has in his or her immediate physical possession any dangerous or deadly weapon to engage in any fight or to participate in any other rough or disorderly conduct upon any public place or way or upon the premises of another.
In Sec 9.32.050, Dangerous or deadly weapons prohibited in cars. It is unlawful for any person to have in his or her possession, in any automobile, any dangerous or deadly weapon, but this restriction shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of honest work, trade or business or for the purpose of legitimate sport or recreation.
In Title 8, Health & Safety there is, Chapter 8.08, called. Social Nuisance Code, within that Sec 8.08.080, Generally it states, it is declared a public nuisance & a violation of this code for any person, firm or corporation, whether owner, lessee, sublessor, sublessee or occupant of any premises in this city to permit those premises to be used in such a manner that any one or more of the activities described in the following subsections are found to occur repeatedly thereon. in sub section. F. The firing of gunshots or brandishing of weapons as defined by Penal Code Sec 12020 by a resident, or by a guest of a resident.
San Francisco’s Restrictions on Carrying Knives
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If you ride a motorcycle, it is important to understand state and local knife laws to reduce the risk of a traffic infraction escalating to a weapons charge.
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).
If you ride a motorcycle, it is important to understand state and local knife laws to reduce the risk of a traffic infraction escalating to a weapons charge.
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).
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