CA - Is this legal?

[Dave Hunnicutt]

Is it legal to have a 7" BK7 inside my briefcase as I travel to and from work? I know that a concealed fixed blade is considered a felony. However, the I only carry the briefcase to and from my car. The briefcase sits in the back seat during the drive.

I am not keeping the blade with me in my car for protection. I just would like to have access to the knife at my office. And, I don't want to leave it behind at night.


Is this legal?

Thanks,
Dave

 

[krept]

I could be wrong, but I think concealing refers to "on your person" and not in a case, etc that you are carrrying separately.

 

[Samurai6]

The penal code section 12020 says "concealed on their person". I am not sure if the interpretation of that would mean inside anything carried by the person. At any rate, inside a briefcase, it is certainly not "readily available" which is the other criteria.

Who knows. You wear a straight knife openly visible, attached to your belt at the waiste, and you are OK. Anything else, and you are at the mercy of some LEO. The situation sucks for the knife enthusiast, but the general attitude of most LEOs is, if you are not causing trouble, don't worry about it.

 

[miguel_SF]

Dave:

California Penal Code section 12020 says:

12020. (a) Any person in this state who does any of the following
is punishable by imprisonment in a county jail not exceeding one year
or in the state prison:
[...]

(4) Carries concealed upon his or her person any dirk or dagger.

[Also,]

(24) As used in this section, a "dirk" or "dagger" means a knife
or other instrument with or without a handguard that is capable of
ready use as a stabbing weapon that may inflict great bodily injury
or death.

[Section 12028 addresses carrying in a car:]

12028. (a) The unlawful concealed carrying upon the person or
within the vehicle of the carrier of any [...] dirk, or dagger, as provided in Section 12020,
[...] is a nuisance.

[end citation]

From what I have read, the operative term in both sections 12020 and 12028 (because it refers to the language in 12020) is "capable of ready use". Supposedly, the reason folders are excluded from these sections is that they are not "capable of ready use" when folded. If you could readily grab the knife, because it was on the floorboard, or above your windshield visor, or even in the glovebox, it could be considered to be "capable of ready use" and therefore a violation of 12020 and 12028. If it was in a briefcase in the backseat, it doesn't reasonably seem "capable of ready use", especially if the briefcase was locked.

The law seems to be on your side, although I would lock the case, if possible.

miguel_SF