California folder OK, but is walking around with a sword OK?

ERdept

ERdept

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So I know in California it's legal to carry a folder so long as part of it is exposed. So for instance, my Strider SMF is OK. I know that because I work in the ER and many officers from different agencys come in with suspects who need to be "OK to book". That means that after a scuffle or when they're in court and complain of chest pain we have to check them out medically and say that they are OK to go back into jail, etc. I alsways ask each officer, "Is this OK to carry" pull the knife out and show it to them. All have said, yes, yeah, no problem, I don't see why not,etc. Basically approval.

My legal question is, now that I have a Busse AK47 (essentially a short sword, 19 inch blade) about wakizashi size.

Is it ok to take with me as I walk my dog at night? You gotta admit it's got better cutting ability and reach than a folder.he heh he.

Anyway, I'm afraid an officer will drive by and cite me for this and if I get a misdemeanor, I will lose my nursing license. Is walking around with a sword ok?

http://erdept.smugmug.com/gallery/1761251

cliff
 
Assuming you're serious...

So I know in California it's legal to carry a folder so long as part of it is exposed.
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First of all, you know wrong. You don't need to have a folder partly exposed. It's perfectly legal to carry a folder completely concealed.

Second, it's generally legal to carry any size fixed blade openly according to state law. However, some localities are more restrictive and do not allow this.

Regardless, walking around with a sword is bound to get you some unwanted attention almost anywhere, despite being legal to wear one openly. You'll probably be assumed to be an armed nutcase until the cops check you out. At best, I'd suspect you'll be advised to leave the sword at home when going for a walk.
 
los angeles has NO open carry of fixed blades.

CA happens to have no conceiled carry of fixed blades.

add those together and you get no carry of fixed blades in los angeles.
 
A am serious, that is why i'm posting this question, but I should have stated the circumstances. I walk my dog around the neighborhood at 9 pm. I was thinking of carrying it with me in it's scabbard on those nightly walks. Basically walking two blocks.

I did not mean to give the impression that I was going to walk around in the day with a unsheathed sword, looking like some lunatic with a sword. I thought if it was permissable I could carry it sheathed and it would pass, in silhouette as a stick.

But, thanks for the answers. So am I correct that we cannot any fixed blade knife in a sheath in the open? Is that what you are saying? I've seen hikers with fixed blades in the local foothills in Pasadena and campers in Ca. with them and bikers with them. You may be mistaken on this. I only say this because I see so many people with sheathed fixed blades.

cliff
 
General California gun/knife rule #1:
If you have to ask, you probably won't like the answer.
 
Yes, makes sense here in cali, but can anyone tell me definitively, like quoting a penal code section that pertains to exactly this topic?
 
As someone mentioned earlier, diferent municipalities have different codes so one must be very careful.
In state law, I think it would be best to consider prohibitions against "dangerous weapons" and other catch-all terms used in law as applicable to your sword. This is how folks get busted for carrying a roll of quarters. A roll of quarters is fine, but if there's reason to think it's being carried as a weapon, it might as well be brass knuckles.
You could argue that your fixed blade belt knife is a tool, but that's harder to do with a sword.
 
Yeah, i'm convinced it's not the best thing to do and i won't do it, but I'm trying to understand the legal speak on my posting above. It seems to say the carrying a fixed blade concealed is not allowed, but carrying a fixed blade in a sheath exposed is allowed. Am I correct or did i misinterpret the wording?

Also, it seems that carrying a folder of any size is ok so long as it's exposed, but you don't have to carry certain types of knives exposed, it they fall into a certain class. Did I interpret this correctly.

cliff
 
ERdept said:
Yeah, i'm convinced it's not the best thing to do and i won't do it, but I'm trying to understand the legal speak on my posting above. It seems to say the carrying a fixed blade concealed is not allowed, but carrying a fixed blade in a sheath exposed is allowed.
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This is correct in most of CA, but not in Los Angeles, and probably L.A. county (at least... perhaps a few more cities).

ERdept said:
Also, it seems that carrying a folder of any size is ok so long as it's exposed, but you don't have to carry certain types of knives exposed, it they fall into a certain class. Did I interpret this correctly.
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Openly carrying ANY knife (folding or fixed) with a 3" or larger blade is illegal in L.A. However, concealed carry of any sized folding knife still OK.
 
Most law enforcement officers do not know the fine points of the law, and especially, in L.A., do not know the fine points of local ordinances as opposed to state laws. You can't rely on LEOs to know what the law is.

However, you can rely on LEOs to know what they'll arrest you for. LEOs in L.A. do know that the policy of the Los Angeles County D.A.'s office is to arrest anyone carrying a weapon, regardless of legality. If the citizen says his or her knife is a weapon, or for defense, or "just in case" of an attack, then most cops will arrest that person. There is dubious law to back up this policy, but you can explain that to the D.A. if they decide to charge. There is a broad ordinance in the City of Los Angeles against carrying a dangerous weapon without a permit (LAMC 55.01), but I don't think there's a similar law for L.A. County (don't hold me to this).
 
JohnnyLightOn said:
Most law enforcement officers do not know the fine points of the law, and especially, in L.A., do not know the fine points of local ordinances as opposed to state laws. You can't rely on LEOs to know what the law is.

However, you can rely on LEOs to know what they'll arrest you for. LEOs in L.A. do know that the policy of the Los Angeles County D.A.'s office is to arrest anyone carrying a weapon, regardless of legality. If the citizen says his or her knife is a weapon, or for defense, or "just in case" of an attack, then most cops will arrest that person. There is dubious law to back up this policy, but you can explain that to the D.A. if they decide to charge. There is a broad ordinance in the City of Los Angeles against carrying a dangerous weapon without a permit (LAMC 55.01), but I don't think there's a similar law for L.A. County (don't hold me to this).
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Wrong. All the cops in my ER, and I see many of them talk guns with me. I show them my big Strider and they say it's neat or indifferent. But I do tell them that I carry it in case I get mugged in the lot or while at the post office at 0300 am. They say, good for you or you gotta do what you gotta do. They don't arrest you regardless of legality. That's rediculous. It's ok to carry a knife check the link above. Or ask an officer if this is ok to carry, then point to your pocket where your knife is clipped. If he askes to see it, take it out slowly and give it to him. He'll say yes, it's ok. A knife is a tool, that can be used as a weapon.

cliff
 
^ Thanks for posting your experience, but I don't recommend that anyone else tell a LEO in Los Angeles County they're carrying a knife for protection.

When you work with cops, they'll tend to give you a break. Try this on the street with a strange cop who doesn't know you, or doesn't care that you work in an ER, and you will probably get a very different reaction to your Strider carried for protection.
 
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