California fixed blade?

usmclee510

usmclee510

Joined
Mar 2, 2009
Messages
50
Hi, I was wondering if anyone knew if carrying a fixed blade in California was legal, not concealed of course. The knife in question has an overall length of 8 5/16 in. and a blade length of 3 3/8 in. Does being in the military make a difference on that as well?
Any help would be greatly appreciated.
 
usmclee510 said:
Hi, I was wondering if anyone knew if carrying a fixed blade in California was legal, not concealed of course. The knife in question has an overall length of 8 5/16 in. and a blade length of 3 3/8 in.
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ca law does not prohibit open carry of fixed blade knives. the section gives an exemption; "Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning of this
section."

there is debate as to whether the a knife must be carried specifically in this manner or whether this is just an example of open carry. it is my opinion that a knife must be carried in this exact manner to be within the letter of the law.

there is no length limit anywhere in the penal code except for autos.

cities/counties will have varying laws regarding knife carry.


Does being in the military make a difference on that as well?
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it may. if carrying a fixed knife is specific to your duties and has been approved by your supervisor and/or military branch, there is an exemption. but you must be on duty at the time.
 
So if I'm understanding correctly, carrying a fixed blade is 'legal' as long as it is not concealed?
 
just10minreader said:
Its clearly an example, smarter folks than me agree
http://www.ninehundred.net/~equalccw/knifelaw.html
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that's fine, the author can have his opinion as well.

but it is not "clearly an example".

the penal code provides exemptions to various sections, but not typically examples. the difference being an exemption is specific, an example generally means "this is ok, and other stuff might be as well".

given the specific language in the subsection, i believe it is an exemption to unlawful carry.

you'll note i dont give legal advice, only my interpretation of various laws when the questions are posed.
 
MORIMOTOM said:
you'll note i dont give legal advice, only my interpretation of various laws when the questions are posed.
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I do note that, and I note I don't give legal advice either :)
The way I understand legal advice, only your lawyer can give you legal advice, a member of the bar whom you hire to give you legal advice.
 
just10minreader said:
I do note that, and I note I don't give legal advice either :)
The way I understand legal advice, only your lawyer can give you legal advice, a member of the bar whom you hire to give you legal advice.
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true, in the strictest sense. its just something i like to make clear. im not a lawyer, nor will i come to anyone's defense in the courtroom. there are members here who are considered subject matter experts and will testify for the defense in court. i am not one of them.

i try and make it a point not to tell people here what to do. i will interpret legal jargon as best i can, and give my opinion as to whether knife "a" or knife "b" is legal or illegal per the letter of the law.
 
Sorry to change the subject but I was also wondering if 'switch blades' are legal for people in the military (public carry)? Knife in question is the SOG-TAC Automatic. Sorry if its a stupid question, but I read somewhere that it's ok for military to carry switch blades (don't know if its true), just wanted to see what you guys say. I purchased a SOG-TAC Auto on a military base in California and since normally switch blades are illegal I was wondering if that makes it ok to carry (for military).
thanks
 
usmclee510 said:
Sorry to change the subject but I was also wondering if 'switch blades' are legal for people in the military (public carry)? Knife in question is the SOG-TAC Automatic. Sorry if its a stupid question, but I read somewhere that it's ok for military to carry switch blades (don't know if its true), just wanted to see what you guys say. I purchased a SOG-TAC Auto on a military base in California and since normally switch blades are illegal I was wondering if that makes it ok to carry (for military).
thanks
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PC 653k, the statute that covers "switchblade/gravity knives" does NOT give an exemption for Military or even for Peace Officers to carry switchblades. You may be thinking of the Federal Statute that permits the sale of switchblades to active-duty Military and Peace Officers.

Here's PC 653k for you:

"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,
3G
 
There is a general exemption in the penal code regarding approved equipment for military/leo personnel. If it is in a written policy for auto the section should apply. Ill look it up later.
 
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