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Post by quesderho on Jan 19, 2019 2:32:07 GMT
I am a Wushu/Kungfu Practitioner.
In California,
KNIFE OPEN CARRYING LAWS IN CALIFORNIA
All legal fixed blade knives must be worn in plain view, except knives classified as dirks or daggers, which must be carried openly, on a sheath around your waist. There is no open carry limits on size for legal knives, so you can openly carry a sword or machete.
Then, does that mean if I put my sword in the sword shoulder bag/case, I am concealing it and will be arrested?
And, if it is not sharp at all, like Wushu spring blade sword/dao, am I still breaking the law?
I feel so bad because I am just about to get my first ColdSteel sharp sword, and looks like I cannot event practice it in the woods of a park.
Please tell me what is the general situation and your experience, thanks.
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Post by nbhraizo on Jan 19, 2019 2:56:18 GMT
Probably would be a better idea to contact your local PD and ask them
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Post by Jordan Williams on Jan 19, 2019 3:00:10 GMT
I don't think a cop would arrest you for having martial arts training implements in your bag. I carry mine around either on my arm or in a rifle case when I walk to class, though that's in Nevada.
I would contact a lawyer or so and ask them to make sure.
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Post by bebut on Jan 19, 2019 3:27:22 GMT
Best to stay out of CA, coming from a 4th generation Angelino!
Concealing (on your person) is usually different than transporting (in a case) but cops and prosecutors can put whatever spin they want on anything and CA is getting dingier by the day. I would keep off public transport.
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Post by quesderho on Jan 19, 2019 10:34:41 GMT
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pgandy
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Post by pgandy on Jan 19, 2019 13:56:15 GMT
I think Bebut pretty much hit the nail on the head. I’d ask you instructor or better yet ask the advice of an attorney. Now, having said that and they giving the go ahead in a real life situation if you get arrested and/or the prosecutor decides to prosecute your attorney may very well get you off, but the $$$$$$$$$. Unfortunately that is the way things are becoming in the States. CA is amongst the worst places. Personally I’d get that case and give it a go, but then that’s just me.
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Post by theophilus736 on Jan 19, 2019 14:43:24 GMT
I'd ask your local PD and if the first person who gives you a confident answer doesn't say "yes that's okay" you are probably much better off not carrying/transporting it in a case that doesnt lock.
If it is sharp, it is a weapon, and if not immediately identifiable, concealed. That comes with understandable responsibilities, because some people of good will would feel obligated to draw a sword for martial arts in self defense of themselves or another if the situation called for it. People often want that regulated so a person of good will doesnt draw it at a dumb time and actually instigate the violence. This is why there are concealed carry courses in most states.
You can always move. People say that isnt a realistic solution to the insanity of California, but people do it all the time when they want to. Its not like your property expenses will go up. Good luck.
Edit: asking an instructor or us doesnt matter one bit. We dont know your local laws or, more importantly, enforce them.
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Post by bebut on Jan 19, 2019 16:35:27 GMT
Local police do not know the laws, either, especially with strange objects like swords. They will probably make a knee jerk reaction based on their perception of local knife or machete laws, all of which can be overruled by shift supervisor or prosecutor.
Also, in states without state preemption, every city and county you pass thru can have different laws.
When I was a kid a woman got hit by a car on our street and fell on the yellow line. Ambulances from L.A. City and L.A. County responded and argued for 20 minutes before deciding on who had jurisdiction. We did not know the woman and never heard about her fate. And that was when CA was a much saner place.
Also, I was in the PRK on a family emergency a couple years ago. City and County laws are much more strict than State. As I remember it, L.A. county pocketknife "concealed" was 2 inch blade and City was 2 1/2 inch blade, etc. State laws are irrelevant if the local law is more restrictive. I didn't pay much attention to open carry because I thought open carry would be a red flag to both the hoodlums and the police. In the house I had a machete and a very long screwdriver, which untimely led to my interest in short swords!
Also, if your are participating in an organized dojo, the instructor would probably have a better idea of local laws than the police or an attorney.
Also, remember that things like the post office are federal jurisdiction. I also noticed that County sheriffs were in charge of the metro train even within city limits. Parks may be city. county, state, or federal.
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Post by theophilus736 on Jan 20, 2019 0:54:30 GMT
Doesn't matter if they don't know them. They're the ones that will charge you.
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Post by john1 on Jan 20, 2019 13:57:31 GMT
Don’t ask the police, or your Sifu, or a lawyer —- ask the person who makes the decision about whether to prosecute you or not.
Ie: call the district court house in your area and ask to speak to the district attorneys office. The staff person who answers the phone will be a paralegal who works for the DA - and will be able to give (or get) you the right answer.
If the answer turns out to be “it’s OK to transport the sword in a bag” then ask them to send you the answer in writing, on official letterhead, and their business card. Keep a copy of that document and their card in your sword bag. That will help any policemen who understand the law differently to decide whether or not to arrest you, or confiscate your sword.
Ps: California is not alone. I’ve lived in NY and MD - and they have the same types of concealed carry laws. Generally speaking, transporting a weapon to a facility or gun-range is not the same as “carry”, and transporting a weapon in a case is generally required if you don’t have a concealed carry permit. Also, procession/ use of a sword in a public park is likely illegal. However - ask the DAs office for details. I’ve found the DAs interpretation often varies from a lawyers.
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pgandy
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Post by pgandy on Jan 20, 2019 14:44:07 GMT
Ie: call the district court house in your area and ask to speak to the district attorneys office. The staff person who answers the phone will be a paralegal who works for the DA - and will be able to give (or get) you the right answer. That reminds me of the time I had an FFL. The dealers were constantly asking each other about the law as it gets a bit confusing. And one option that was passed around was to call the Firearms & Tobacco people. And that sounded logical. However it turns out, believe it or not, they aren’t responsible for what they say. Crazy? |
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Post by Michael van on Feb 17, 2024 3:48:45 GMT
I live in modesto CA. Here the local law is purposely written vague with regards to knives.. in fact, they can consider almost anything illegal in this town. I had a friend arrested and charged with a misdemeanor for carrying his work box cutter home in his pocket... but once it got to court (he refused to take a plea deal) the judge threw it out of court and chewed the arresting officer a new one for wasting the states time.
I personally carry a 22 inch wakisahi on my waste nearly all the time... I was stopped and summarily arrested for carrying it sheathed on my waist, and spent the weekend in jail.
When Monday arrived, I plead not guilty despite my public defender begging me to just take the misdemeanor charge...I spent another 8 days in jail.
When my case came before the judge I simply quoted both the local ordinance and the state law regarding swords... and stood by the fact that I had it properly worn, was not concealing it and had not brandished it public... and that I had no idea why I had been arrested in the first place... the judge again through out the case but told me I needed to grow up and start carrying a gun!
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howler
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Post by howler on Feb 17, 2024 17:35:55 GMT
I live in modesto CA. Here the local law is purposely written vague with regards to knives.. in fact, they can consider almost anything illegal in this town. I had a friend arrested and charged with a misdemeanor for carrying his work box cutter home in his pocket... but once it got to court (he refused to take a plea deal) the judge threw it out of court and chewed the arresting officer a new one for wasting the states time. I personally carry a 22 inch wakisahi on my waste nearly all the time... I was stopped and summarily arrested for carrying it sheathed on my waist, and spent the weekend in jail. When Monday arrived, I plead not guilty despite my public defender begging me to just take the misdemeanor charge...I spent another 8 days in jail. When my case came before the judge I simply quoted both the local ordinance and the state law regarding swords... and stood by the fact that I had it properly worn, was not concealing it and had not brandished it public... and that I had no idea why I had been arrested in the first place... the judge again through out the case but told me I needed to grow up and start carrying a gun! Fascinating, and an interesting nearly two week legal "experiment". No blade length limits means you can be a Samurai, Knight, or (my favorite) rock a big ole' bowie.  |
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Post by Lord Newport on Feb 18, 2024 3:41:17 GMT
Good luck trying to figure out any California law for law abiding citizens regarding anything the CRIMINALS use to hurt people with. Here in CA it's all about holding the intimate object responsible and not the user.
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howler
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Post by howler on Feb 18, 2024 21:16:09 GMT
Humanity has had tools with sharp edges & points since before we were human, from hundreds of thousands up to millions of years. It would be like banning fingernails to scratch stuff or lungs for oxygen to breath.
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Post by GreyWolfe on Apr 25, 2024 14:47:48 GMT
I live in modesto CA. Here the local law is purposely written vague with regards to knives.. in fact, they can consider almost anything illegal in this town. I had a friend arrested and charged with a misdemeanor for carrying his work box cutter home in his pocket... but once it got to court (he refused to take a plea deal) the judge threw it out of court and chewed the arresting officer a new one for wasting the states time. I personally carry a 22 inch wakisahi on my waste nearly all the time... I was stopped and summarily arrested for carrying it sheathed on my waist, and spent the weekend in jail. When Monday arrived, I plead not guilty despite my public defender begging me to just take the misdemeanor charge...I spent another 8 days in jail. When my case came before the judge I simply quoted both the local ordinance and the state law regarding swords... and stood by the fact that I had it properly worn, was not concealing it and had not brandished it public... and that I had no idea why I had been arrested in the first place... the judge again through out the case but told me I needed to grow up and start carrying a gun! Fascinating, and an interesting nearly two week legal "experiment". No blade length limits means you can be a Samurai, Knight, or (my favorite) rock a big ole' bowie. My dad used to carry a Rambo III replica around town in CA. You can carry any straight-blade knife (sword included, but ballistic excluded), of any length, as long as it is not conceiled, and is sheathed. |
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howler
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Post by howler on Apr 25, 2024 16:30:04 GMT
Fascinating, and an interesting nearly two week legal "experiment". No blade length limits means you can be a Samurai, Knight, or (my favorite) rock a big ole' bowie. My dad used to carry a Rambo III replica around town in CA. You can carry any straight-blade knife (sword included, but ballistic excluded), of any length, as long as it is not conceiled, and is sheathed. Would absolutely carry my CS cpm3v Natchez, Laredo or Trail Master, though only have a leather sheath for the Natchez because I can swap out the plastic (only offered with the new blades  ) with leather from a san mai Natchez I got eons ago. Western boots (duster, hat optional) would complete the look. |
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Post by Lord Newport on Apr 25, 2024 18:51:22 GMT
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howler
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Post by howler on Apr 26, 2024 2:09:43 GMT
Ain't NOTHING more dangerous than a rubber horse headed inner-tube. |
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Post by treeslicer on Apr 27, 2024 17:02:21 GMT
Ain't NOTHING more dangerous than a rubber horse headed inner-tube. You could add my "Dilbert gets ahead" (or "Enjinia-san", as a Shogun reference) avatar to your list of Nature's warnings.    |
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) with leather from a san mai Natchez I got eons ago. Western boots (duster, hat optional) would complete the look.
