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Old 02-04-2002 | 02:16 PM
  #12  
Hk45USP
 
Joined: Feb 2003
Posts: 192
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From: Los Angeles CA USA
Default RE: Californians....

12020 of the CA penal code descibes the illegal carrying of knives, dirks & daggers etc.... basically subdivision (c) states "a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death."

Also, according to the statute, a "nonlocking folding knife," a "folding knife" that is not already an illegal switchblade under penal code section 653k, and a "pocketknife" will qualify as a dirk or dagger ONLY if the blade of the knife "is exposed and locked into position."

Thus, any knife that is folded or closed obviously does not qualify, whereas one with a fixed blade, such as a paring knife or hunting knife, apparently does qualify, or at least technically could qualify along with anything else, such as an ice pick, which could readily be used to stab and inflict great bodily injury or death. (court case George W. (1998) 68 Cal.App.4th 1208, 1215).

The CA supreme court has ruled that it does not matter how or what the possessor intended to use the instrument. It makes no difference.

Now, if the knife is carried in a sheath, whether concealed or not, it is not a crime. Only if the blade is exposed out of a sheath and then the knife concealed on one's body like in the waist band or pocket area.

Case law in CA has dictated that if the knife is in a sheath, whether concealed or not, its legal.

As far as the 3" blade thing that everyone was mentioning, that only refers to switch blade knives. 653k of the penal code outlaws any switchblade with a blade length longer than 2"....(two) inches, not 3.

So, to answer your question, go ahead and carry your Ka-Bar to and from the parking lot. Have it in a sheath or out in the field on your belt hunting. It's legal that way.

Edited by - Hk45USP on 02/04/2002 15:19:15
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