Auto carry for Peace Officers?

scdub

scdub

Basic Member
Joined
May 29, 2004
Messages
2,954
Hi All,

I posted this question in the Auto knife forum yesterday but am still looking for answers.

I've recently become a LEO (Law Enforcement Officer) in CA. As such I'm allowed to carry a conceiled firearm (a Glock 27 - it's with me everywhere and I love it).

Anyway, my question is this - does my LEO status enable me to legally carry an automatic knife? How about a conceiled fixed blade? I've tried to look this up in the penal code but it's not clear - just talks about permission to carry "conceiled weapons".

I know many officers do carry both of these knife types and the chances of having another cop bust you for a knife while you're carrying a gun is pretty remote. At the same time I'd like to be legit. Anyone know the answer here? Also, if you do, can direct me to source literature so I can read it myself? I find myself less inclined to trust strangers as my carreer proceeds...

Thanks,

SCDUB
 
I can't speak for California specifically but most, if not all, state and federal weapons laws exempt Police Officers from the restrictions when they are acting in the performance of their duties. It is usually left to the individual agencies to decide what their Officers can carry and use while they are working. If you violate your Department's policy you could be internally disciplined and, conceivably, be prosecuted because you were not acting in the performance of your duties. For off-duty use, my opinion is that you are acting on your own.
 
You forumites might want to take a look at what this rookie cop has said on the automatic knife forum.

Over there he also brags about his Glock that just loves and carries everywhere and also wrote an implied threat to a forum member.

This cop wants knife enthusiasts to tell him the law because he doesn't know and he says his department doesn't know.

When a forum of knife enthusiasts were unable to give him legal advice he got mad and came over here to post.

Watch yourselves.

My .02 worth.
 
I would recommend reading your state's Knife Laws and then if its not clear, have an attorney examine them and give an opinion. I would also check your department's policy on knives. I'm sure they gave you the manual in the academy which included the department's policies.
 
Hi,

Thanks for the information.

This thread has turned south in the Auto knife forum and you may want to look ther under "conceiled weapon permit" for some fascinating reading. :D

SCDUB
 
I'm pretty familiar with California weapons laws and I've never seen an exception allowing a peace officer to carry a switchblade knife of 2" or more, or a concealed, fixed-blade knife. The prohibitions are there, California Penal Code Sections 653k and 12020(a)(4) and (c)(24). However, the exceptions - which if not directly contained in those sections would be in a separate section elsewhere that reads something like "Notwithstanding any other provision of law, a peace officer may carry a concealed, fixed-blade knife, on or off duty..." etc. - are not there. At least, not that I've read. I may have missed something. You need to find a clear exception somewhere in order to carry either of these types of knives.

What's more important is your legal exposure. Even if you know you won't be hassled, arrested, and/or charged with illegal carry due to your status as a peace officer, if you were to use a knife you were illegally carrying for legitimate self-defense, the person who's on the other end of your blade will get an attorney, and that attorney will eat you for breakfast in civil court. Whatever right you had or didn't have to use your knife in self-defense will suddenly become clouded by the fact your knife was a switchblade - the choice of gang members and other criminals - or the fact that you used a hunting knife or fighting knife to "stab" someone. Just as a unarmed lawyer is out of his or her element trying to enforce the law on the streets, you are out of your element in a courtroom as soon as you cross a certain line of exposure. A switchblade or fixed blade, *even if legally-carried,* in my opinion, crosses this line in California. The public does not like knives, and they are the ones who sit on juries. If the knife is illegally carried, it crosses the line that much more.

That being said, if the person you cut is a true scumbag, you'll most likely be OK. But if the person is less-obviously bad, you're in big trouble. You already have your Glock for SD. Carrying a bad-looking, bad-sounding, bad-seeming, or flat-out illegal-to-carry knife is just not worth it if you're a LEO.

Even if you don't use the knife at all, if you shoot someone with your legally-carried pistol, the fact that you were illegally carrying a knife could also come back to haunt you.
 
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