california knife laws. be specific.

[doboyeee]

Looking to carry a knife on my college campus, specifically Cal State University Fullerton.
Their weapon policy is on this page,
http://police.fullerton.edu/campusregulations/WeaponsPolicy.asp

I'm not very familiar with the penal codes and such, but could anyone confirm from those policies if I'm able to carry a blade on campus?
Also I want to carry a knife with me at school because in the situation I would ever need it against an active shooter or such, I have at least a chance to diffuse the situation.
Thank you if you can help me with this!

 

[glistam]

You can have a folding knife of any size. A fixed blade must be less than 2.5" long and must be carried openly, though it would not be recommended due to the statistical likelihood of stupid people on a campus flipping out.

If you think a pocket knife is going to help you in the case of an active shooter, you need a serious reality check. Pepper spray, which is explicitly permitted on campus, is a far better solution for self-defense.

 

[richard thurman]

Looking to carry a knife on my college campus, specifically Cal State University Fullerton.
Their weapon policy is on this page,
http://police.fullerton.edu/campusregulations/WeaponsPolicy.asp

I'm not very familiar with the penal codes and such, but could anyone confirm from those policies if I'm able to carry a blade on campus?
Also I want to carry a knife with me at school because in the situation I would ever need it against an active shooter or such, I have at least a chance to diffuse the situation.
Thank you if you can help me with this!

let me see?? I am shooting a whole bunch of people and some Dumb a$$ is coming at me with a knife?? what the heck I just shoot him too. he is now in the after life think what was I thinking?? I should of run like heck.

 

[killgar]

Hmm lucky for me that this thread is new and about a topic I need an answer to.

I was a bit shocked to find out that it is illegal to carry a fixed bladed knife concealed. I was hoping to find a kydex sheath with a clip so I could carry it in my pocket or in my waistband. So, now I am curious, what is the California legal definition of "concealed"? I know this sounds stupid but I am truly curious. For example, would carrying it on my belt with my shirt covering it actually make it concealed?

When it comes to what exactly constitutes "concealed", there is room for interpretation and discretion on the part of each individual cop and each individual prosecutor.

Down in San Diego I have carried a fixed-blade (Entrek Cobra) in a back-pocket sheath with just the handle showing. Cops saw me carrying it in such a way and had no problem with it. But that's not to say that a different cop wouldn't consider it to be concealed. I have since switched to a larger knife and only carry it in a sheath hanging from my belt.

And yes, even if your shirt or jacket accidentally and momentarily cover the knife, a cop may consider it to be "concealed", and they would be within the law to arrest you. The principle is very simple, if a cop is facing the knife and cannot see it or recognize it as a knife, even for a brief moment, then it is "concealed". There is no time limit on how long a knife has to be covered in order for it to be considered "concealed" under the law. Even if it's only covered for a few seconds, it's still concealed.

But like I said, cops are free to use their own discretion. My jacket once accidentally covered the handle of the Entrek that I mentioned. A nearby cop just happened to see it happen. But all he did was give me a friendly "heads-up" alerting me to the fact that technically my knife was momentarily concealed and he didn't want any other cops to give me trouble over it. A quick adjustment of my jacket and I was good to go. This is another reason why I switched to only belt-sheath carry. I didn't want to take the risk of my jacket covering my knife (I ride a motorcycle so I always wear a jacket when I go out).

 

[killgar]

boy am I am glad I don't live in California and New York. these are the two biggest places that are knife hated states and I get that just from the post of people that live there asking about there rights just to carry a knife.

Is it legal to carry a fixed-blade concealed in Florida?

I've read parts of Florida's knife laws, and I wasn't all that impressed.

Unlike Florida law, California law doesn't limit our choice of folding knives to "common pocketknives". There are no such vague definitions of what is legal or illegal in California law. Our laws are quite clear and we don't ever have to justify our folders by convincing anyone that they are "common pocketknives". Cops and prosecutors in California don't have the discretion to make arrests or file criminal charges based on their personal opinion of whether or not a persons folding knife is a "common pocketknife".

Let's see, under California law we are allowed to -

1. Carry ANY type or size of manually opening folding knife, either openly or concealed.
2. Openly carry ANY type or size of fixed-blade, single-edged or double-edged.
3. Carry any auto knife if the blade is shorter than 2 inches.

And under California law we NEVER have to explain or justify to ANYONE why we are carrying a knife or why we are carrying the knife that we are carrying.

I don't know what you mean by "knife hated states". As far as knife laws go, I don't hate California at all. Considering how permissive our knife laws are and considering all the knife rights and freedoms that we enjoy, I love California.

If you want to hate California, there are much better reasons. Like our gun laws and our gas prices.

 

[richard thurman]

I never had a problem with carrying switchblades with out a permit and I not talking about the joke switchblades Either. you know the ones with a 2 inch blade. I am talking about the full size 4 inch blades.

 

[killgar]

I never had a problem with carrying switchblades with out a permit and I not talking about the joke switchblades Either. you know the ones with a 2 inch blade. I am talking about the full size 4 inch blades.

Actually, there are many high-quality sub-2" autos on the market. If I recall correctly, Protech makes a variety of them. I for one wouldn't call Protech a "joke". Of course, I get by just fine with manual folders and fixed-blades. I've never needed a 4" automatic.

 

[richard thurman]

a 2 inch does not make a very good work knife.

 

[czechinthepipes]

When it comes to what exactly constitutes "concealed", there is room for interpretation and discretion on the part of each individual cop and each individual prosecutor.

Down in San Diego I have carried a fixed-blade (Entrek Cobra) in a back-pocket sheath with just the handle showing. Cops saw me carrying it in such a way and had no problem with it. But that's not to say that a different cop wouldn't consider it to be concealed. I have since switched to a larger knife and only carry it in a sheath hanging from my belt.

And yes, even if your shirt or jacket accidentally and momentarily cover the knife, a cop may consider it to be "concealed", and they would be within the law to arrest you. The principle is very simple, if a cop is facing the knife and cannot see it or recognize it as a knife, even for a brief moment, then it is "concealed". There is no time limit on how long a knife has to be covered in order for it to be considered "concealed" under the law. Even if it's only covered for a few seconds, it's still concealed.

But like I said, cops are free to use their own discretion. My jacket once accidentally covered the handle of the Entrek that I mentioned. A nearby cop just happened to see it happen. But all he did was give me a friendly "heads-up" alerting me to the fact that technically my knife was momentarily concealed and he didn't want any other cops to give me trouble over it. A quick adjustment of my jacket and I was good to go. This is another reason why I switched to only belt-sheath carry. I didn't want to take the risk of my jacket covering my knife (I ride a motorcycle so I always wear a jacket when I go out).

Thank you for the well thought out answer.

I will definitely keep this in mind if I ever do carry a fixed blade. Luckily where I am Cops are pretty friendly so I am not too worried. It would definitely be nice if they would actually put a definition of what concealed means.
This has made me think of another question; would carrying a fixed blade in a backpack be concealed? (I mean obviously yes it is concealed but it isn't on my body nor easy to access).


I have to agree with killgar, of all of California's problems; our knife laws aren't at the top of the list.

 

[killgar]

Thank you for the well thought out answer.

I will definitely keep this in mind if I ever do carry a fixed blade. Luckily where I am Cops are pretty friendly so I am not too worried. It would definitely be nice if they would actually put a definition of what concealed means.
This has made me think of another question; would carrying a fixed blade in a backpack be concealed? (I mean obviously yes it is concealed but it isn't on my body nor easy to access).


I have to agree with killgar, of all of California's problems; our knife laws aren't at the top of the list.

To answer the question of the backpack- In reference to the concealed carry of fixed-blades, California penal code 21310 specifically says "any person who carries concealed upon the person". My lawyer tells me that what this means is that a "concealed" fixed-blade is only illegal if it is actually on your body, covered by clothing, or disguised in some way so that it doesn't look like a knife. The reason that it isn't illegal to carry a fixed-blade "concealed" in a bag is because carrying it in such a way is not considered to be "readily accessible as a stabbing weapon", and THAT is what makes fixed-blades illegal to carry concealed on ones person. It may seem like a fine hair to split, but that's how the law works. I personally wouldn't be the least bit concerned about carrying a fixed-blade inside a bag.

It should also be noted that the police in California cannot simply search a persons bag whenever they feel like it. The police need either your CONSENT to search you or your property, or they need "reasonable suspicion" to stop you and search you and your property. Like for example, if you happen to match the description of an active criminal suspect reported to be in the area. And if the cops stop and search you without your consent, or if they cannot establish in court to the satisfaction of a judge that they had legitimate "reasonable suspicion" to stop and search you, then not only would any and all charges resulting from the search be thrown out, but you could sue the cop, his department, and the entire county for violation of your fourth amendment rights against unlawful search, seizure, arrest, and detainment.

Bottom line- you have the option of exercising your 4th amendment rights and refuse to give the police consent to search you and your bag. If you evoke this right the police might try to scare you into giving them consent, but that's just a bluff. If they had a legitimate legal right to search your bag then they would, and they wouldn't ask for your permission. Many people give their consent because they are afraid of angering the police, or because they don't know their rights, or because they feel compelled to try and appease the "authority figure". But I say, you have the right to say no, you cannot be punished or arrested for saying no, so if you don't want them to search your bag, exercise your rights as an American citizen and say NO.

Excuse the long post, but I am a big believer in the fourth amendment and like to talk about it's virtues. The fourth amendment is one of the things that protects us from police misconduct and unlawful imprisonment, and makes this a great country.

 

[ring league wanderer]

Spring assisted knives are legal on a state-wide basis. The state laws aren't applied across the state though. Some cities/towns individually ban them. These city laws overrule the state slaws. Besides actuall laws sometimes a city that allows spring assisted knives on a legal basis is a little less accepting on a social level. If you open your knife around someone that isn't comfortable with the situation and they call the cops saying that a man near them frightened them with the sudden opening of a concealed weapon (which wouldn't make sense because there is no law against concealing a spring assisted knife) then you might get a run-in with the police for "disturbing the peace" or a "public disturbance". The point is if you're in a heavily populated area or something along the lines of across the street from a school or courthouse, then try to decide if it is a good time to to open a quicker knife like that (if you NEED your knife to cut something and it can't wait then just guide it with your hand when you open it instead of just letting it fly out). If you are going to a bigger city where you don't know if that kind of knife is legal or not then do like i said and just guide the blade when it comes out; chances are unless someone is staring right at you they probally won't notice your knife. If they do then that will make it look a lot more like a folding knife to someone who doesn't know much about knives.

 

[richard thurman]

to heck with that. when I was fit and healthy I was working as a commercial electrician and I use to pull out my Kershaw leek all of the time. some times I was making more sales at work that the flemarket . everyone that saw some of my knives wanted to know what else did I have. maybe down here in Florida the knife have a better meaning than it is just a weapon it is a very good tool.

 

[P_Meticulous]

I don't know what you mean by "knife hated states". As far as knife laws go, I don't hate California at all. Considering how permissive our knife laws are and considering all the knife rights and freedoms that we enjoy, I love California.

If you want to hate California, there are much better reasons. Like our gun laws and our gas prices.

This is quite true in actuality.. Cops don’t go seeking you for your knives lol.. If a teen gets stopped for vandalism, and happens to have an auto on him/her, guess what happens.. If a guy is walking with his gf down a main street enjoying coffee (not breaking the law), and has a knife clipped to his right pocket.. Trust me, no officer will care.

 

[P_Meticulous]

Good post, and accurate information :thumbup:

To answer the question of the backpack- In reference to the concealed carry of fixed-blades, California penal code 21310 specifically says "any person who carries concealed upon the person". My lawyer tells me that what this means is that a "concealed" fixed-blade is only illegal if it is actually on your body, covered by clothing, or disguised in some way so that it doesn't look like a knife. The reason that it isn't illegal to carry a fixed-blade "concealed" in a bag is because carrying it in such a way is not considered to be "readily accessible as a stabbing weapon", and THAT is what makes fixed-blades illegal to carry concealed on ones person. It may seem like a fine hair to split, but that's how the law works. I personally wouldn't be the least bit concerned about carrying a fixed-blade inside a bag.

It should also be noted that the police in California cannot simply search a persons bag whenever they feel like it. The police need either your CONSENT to search you or your property, or they need "reasonable suspicion" to stop you and search you and your property. Like for example, if you happen to match the description of an active criminal suspect reported to be in the area. And if the cops stop and search you without your consent, or if they cannot establish in court to the satisfaction of a judge that they had legitimate "reasonable suspicion" to stop and search you, then not only would any and all charges resulting from the search be thrown out, but you could sue the cop, his department, and the entire county for violation of your fourth amendment rights against unlawful search, seizure, arrest, and detainment.

Bottom line- you have the option of exercising your 4th amendment rights and refuse to give the police consent to search you and your bag. If you evoke this right the police might try to scare you into giving them consent, but that's just a bluff. If they had a legitimate legal right to search your bag then they would, and they wouldn't ask for your permission. Many people give their consent because they are afraid of angering the police, or because they don't know their rights, or because they feel compelled to try and appease the "authority figure". But I say, you have the right to say no, you cannot be punished or arrested for saying no, so if you don't want them to search your bag, exercise your rights as an American citizen and say NO.

Excuse the long post, but I am a big believer in the fourth amendment and like to talk about it's virtues. The fourth amendment is one of the things that protects us from police misconduct and unlawful imprisonment, and makes this a great country.