CA: Clinch pick legal?

J

Jordan1010

Joined
Oct 24, 2020
Messages
180
Hello,
I was recently searching some bladeforum topics and came across a thread about California knife laws. One of the people in the threads stated that if your fixed blade couldn’t be considered a “dirk or dagger” or an object that can be used for stabbing your attorney could probably get your case dismissed. Would the clinch pick be one of these knives that aren’t necessarily a “dirk or dagger” especially if carried owb, but covered by a shirt? Obviously it can be used as a stabbing weapon, but since there wasn’t much of a tip it would probably be viewed like how a clever is viewed.
 
Jordan1010 said:
Obviously it can be used as a stabbing weapon
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If it can be used as a stabbing weapon, then it would be considered a "dirk or dagger", even if it isn't designed as a stabbing weapon. The law defines a "dirk/dagger" as an instrument "capable of ready use as a stabbing weapon".

When I Google "clinch pick", all the knives I see look very pointy, and most certainly capable of being used effectively as a stabbing weapon.

Wearing such a knife under ones shirt would be a violation of the law prohibiting the concealed carry of dirks and daggers.
 
Danke42 said:
In Cali an open SAK is a a dirk.
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I assume you are referring to the Castillolopez case. Although he was originally convicted of carrying a concealed SAK with the blade open, his conviction was overturned on appeal, and later the reversal of his conviction was unanimously reaffirmed by the CA Supreme Court.

So in other words, it's totally legal in the state of California to carry a SAK, or other non-locking folding knife concealed with the blade open (not considered a dirk). Of course, who would want to. I suspect the cop was lying in order to make a case. I know people can be stupid, but carrying an open folding knife in ones pants pockets just strains credibility in my mind.

Here's a link to the matter at Kniferights.org- https://www.kniferights.org/legisla...firms-swiss-army-knife-not-an-illegal-dagger/

We here in California have our problems, but we're not near as bad as NYC.

Heck, just this January the California legislature repealed the law that prohibited the possession of nunchucks. The new law actually says that people can carry them in public for self-defense. Go figure.
 
killgar said:
I assume you are referring to the Castillolopez case. Although he was originally convicted of carrying a concealed SAK with the blade open, his conviction was overturned on appeal, and later the reversal of his conviction was unanimously reaffirmed by the CA Supreme Court.

So in other words, it's totally legal in the state of California to carry a SAK, or other non-locking folding knife concealed with the blade open (not considered a dirk). Of course, who would want to. I suspect the cop was lying in order to make a case. I know people can be stupid, but carrying an open folding knife in ones pants pockets just strains credibility in my mind.

Here's a link to the matter at Kniferights.org- https://www.kniferights.org/legisla...firms-swiss-army-knife-not-an-illegal-dagger/

We here in California have our problems, but we're not near as bad as NYC.

Heck, just this January the California legislature repealed the law that prohibited the possession of nunchucks. The new law actually says that people can carry them in public for self-defense. Go figure.
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True.
 
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killgar said:
I assume you are referring to the Castillolopez case. Although he was originally convicted of carrying a concealed SAK with the blade open, his conviction was overturned on appeal, and later the reversal of his conviction was unanimously reaffirmed by the CA Supreme Court.

So in other words, it's totally legal in the state of California to carry a SAK, or other non-locking folding knife concealed with the blade open (not considered a dirk). Of course, who would want to. I suspect the cop was lying in order to make a case. I know people can be stupid, but carrying an open folding knife in ones pants pockets just strains credibility in my mind.

Here's a link to the matter at Kniferights.org- https://www.kniferights.org/legisla...firms-swiss-army-knife-not-an-illegal-dagger/

We here in California have our problems, but we're not near as bad as NYC.

Heck, just this January the California legislature repealed the law that prohibited the possession of nunchucks. The new law actually says that people can carry them in public for self-defense. Go figure.
Click to expand...
Yeah he eventually got in the tall grass.

Would anyone want to be him?

I would suspect strongly that was a prosecutor with what they call "buck fever" they though they had a case that would vault them to the next level in the political system and they went all in.
 
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