AKTI Issues California Box Cutter Warning

So essentially, California prosectors now consider any cutting instrument that has a lockable blade, regardless of length a dirk or dagger.
 
Unfortunately that article is short on facts, and I think it's a bit more alarmist than it needs to be. I read the actual appeal (link below), and here is my layman's breakdown of what I consider the most relevant facts to us Californians, or anyone planning on visiting California-

It's a bit complicated, but not as bad as you might think.

The Appeals Court drew a clear distinction between "knives" and "box cutters". Some really fine legal hair-splitting. They determined that "box cutters" are not "knives" for the sake of California penal code 16470 (the definition of "dirks and daggers"), or pc 21310 (the statute prohibiting the concealed carry of "dirks and daggers").

It's still legal in California to carry locking and non-locking folding knives concealed, and as long as they are carried closed they are not considered to be "dirks or daggers". The courts decision doesn't change any of that. Their decision in People v. Hester only affects "box cutters".

The court determined that box cutters are not "knives", and are a separate instrument all their own. They determined that box cutters can be considered "dirks or daggers" if they are carried concealed, even when carried closed. It seems silly to me to define box cutters as something other than "knives", but they didn't ask my opinion.

Also, the Appeals Court determined that the intent of the person carrying the box cutter plays a part in whether or not it should be considered a "concealed dirk or dagger". Mr. Hester was a 2 strike felon, and the court believed that there was compelling evidence that he was guilty of the assault (their prerogative), they believed he was carrying his box cutters with criminal intent, so they determined his box cutters to be "concealed dirks/daggers" and chose not to hear his appeal. However, they specifically mentioned, in so many words, that ordinary people, not engaged in criminal activity, can still carry concealed box cutters without being guilty of carrying a "concealed dirk or dagger".

Basically they ruled against Mr. Hester because he's a violent criminal, but they are giving law abiding citizens a pass to carry concealed box cutters.

So, in summary, this case does not affect the concealed carry of locking or non-locking folding knives. It's still perfectly legal to carry such knives concealed as long as you carry them closed. And it's still legal for people to carry concealed box cutters as long as they have no criminal intent in doing so.

That's how I read it anyways.

Here's a link to the appeal. Scroll down (it's kinda long).- https://law.justia.com/cases/california/court-of-appeal/2020/b299886.html
 
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