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Knife Locking

March 11th, 2010 admin No comments

Knife Locking
concealed knife in california?

if you have a concealed knife in california like a pocket knife,locking,folding is there a length limit to the blade

Oddly enough, this is not an easy question to answer right now. The only state statute which prohibits knife possession by length is Cal. Penal Code section 653k, which prohibits the possession (concealed or not) of switchblade knives with blades over 2 inches in length.

The other applicable statute is Penal Code section 12020, which prohibits the concealed carrying of dirks or daggers. In the case of People v. Rubalcava, 23 Cal.4th 322, the California Supreme Court said that just about any pointy thing can be a dirk or dagger, including steak knives and knitting needles. The decision appears to say the concealed carrying of any pointy thing violates the law.

However, the Rubalcava court also says that they are relying upon an older decision, People v. Grubb, 63 Cal.2d 614, which said that it was unlawful to have an ordinary useful object only in circumstances which indicated that the possessor intended to use the object for a dangerous purpose. Even with such circumstances, the possessor could defend by showing its intended use for peaceful purposes. It is very unclear whether the Rubalcava court is applying this same standard.

So, is the concealed possession of an ordinary knife (not a switchblade) illegal? Frankly, at this time I do not know for sure. Penal Code section 12020 says that a knife is not concealed if it is in a sheath openly carried and affixed to the belt. However, many local (city or county) ordinances make the OPEN carrying of knives a crime. Some define a particular length, e.g., six inches.

This is an area of law in California which is completely fouled up at the moment, and it is difficult to advise anybody whether, and how, they can lawfully carry a knife.

Sorry.