CA: Balisong importation...is this legal?

S

Skunkabilly

Joined
Jun 29, 2002
Messages
86
Is it legal to go out of state, buy a bali-song, put it in a locked container (I have an SUV and don't have a 'trunk' as defined by law) when I transport it back over the state line?

I have no intention on carrying it, just to sit at home, look pretty, and take pictures of.

I asked 5 or 6 LEOs and none could find anything that was illegal about it, but recommended I lock it up on the way home in case I get stopped for whatever reason.
 
A balisong is classified in California as a switchblade. A switchblade is not illegal to possess or transport, so long as it's not carried on your person or in the passenger compartment of a vehicle. And it's not illegal to import. So you should be fine.

As for the SUV issue, I would put it in a place not designed to carry passengers. So if you have a 3rd row seat, you can't put it there. Do you have a compartment that holds your spare tire underneath the rear cargo area? That's not part of the passenger compartment and seems like a good place to put it. Technically, it doesn't matter if it's in a locked container, but on a practical basis this could help demonstrate that you can't easily get to it.

Here's the applicable section of the California Penal Code:

"653k. Every person who possesses in the passenger's or driver's
area of any motor vehicle in any public place or place open to the
public, carries upon his or her person, and every person who sells,
offers for sale, exposes for sale, loans, transfers, or gives to any
other person a switchblade knife having a blade two or more inches in
length is guilty of a misdemeanor.

For the purposes of this section, "switchblade knife" means a
knife having the appearance of a pocketknife and includes a
spring-blade knife, snap-blade knife, gravity knife or any other
similar type knife, the blade or blades of which are two or more
inches in length and which can be released automatically by a flick
of a button, pressure on the handle, flip of the wrist or other
mechanical device, or is released by the weight of the blade or by
any type of mechanism whatsoever. "Switchblade knife" does not
include a knife that opens with one hand utilizing thumb pressure
applied solely to the blade of the knife or a thumb stud attached to
the blade, provided that the knife has a detent or other mechanism
that provides resistance that must be overcome in opening the blade,
or that biases the blade back toward its closed position.

For purposes of this section, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein."

Regards,

Johnny
 
Yes, I have a Honda Crisis Response Vehicle (CR-V) and it has extra storage space under the rear tire well. So no 3rd row seat, really it's a raised Civic :) I thought I'd be different from the rest of the UCI students by getting a raised one instead of lowering it :)

I thought about putting it down there but was worried that a LEO would think I'd be trying to hide it.
 
Originally posted by JohnnyLightOn
For purposes of this section, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein."
Click to expand...


If I were trying to stay as clean as possible with regard to that requirement, I would put the knife in a container tied to the luggage rack on the roof. Unlike your spare tire well, the roof is clearly not in the passenger's area or a compartment therein. Whether you want to go to the added trouble is up to you.
 
Originally posted by Lurker
If I were trying to stay as clean as possible with regard to that requirement, I would put the knife in a container tied to the luggage rack on the roof. Unlike your spare tire well, the roof is clearly not in the passenger's area or a compartment therein. Whether you want to go to the added trouble is up to you.
Click to expand...

I think the clause 'public' includes the exterior of the vehicle...anyway I don't have a luggage rack, like I said, it's an SUV-Lite :)
 
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