California legal folding sword!

California Penal Code 20510.
"Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane sword is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170."

California Penal code 16340.
"As used in this part, “cane sword” means a cane, swagger stick, stick, staff, rod, pole, umbrella, or similar device, having concealed within it a blade that may be used as a sword or stiletto."

If the blade is inside the "cane", it is concealed. It obviously can be used as a sword. The OP's design is therefore illegal to carry in the state of California.

California law for the most part tries to look at the intended use of the item. If it is intended to be used as a weapon, it's likely not going to fly, regardless of whether you actually use it or not.
 
Beelzebubba said:
Thank you for your expected contribution, but what I suggested is not a cane sword as described by the penal code. It is not disguised as a cane with a hidden sword concealed within.
Perhaps if you read what I wrote, you would have seen that the product thereof is not mentioned in the statute whatsoever.
It is an obvious "folding knife", even concealable if desired/possible! Nothing 'hidden' about it.
The "folding knife" can be used as a cane, yet is still easily identified as a folding knife upon inspection by anyone!
Any object not specifically described in the penal code, such as my large folding knife, remains legal until the law is changed!
For instance, a throwing star that is not 'geometrical' is legal.
Thank you for your input.
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I am a lawyer. If you think that the interpretation of a statute turns solely on a plain reading of the text you are 100% incorrect.

As other posters have remarked, you are taking a very big risk here and for what purpose? It's not really clear to me. I would suggest not going forward with this idea. Or if you do, speak to a lawyer licensed in your area so that you fully understand the legal risks. Good luck.
 
In my part of the state you might (MIGHT) get away with your interpretation of the law. But if you are in a place like San Francisco, you can bet that the DA will try to make an example of you. Even if you prevail in the end, you will be out a lot of money. Feel like making car or house payments for your attorney?
 
Someone just needs to make it for him, ship it in pieces so he's the manufacturer and then we can sit back and enjoy the shit show that will no doubt ensue. Either he cuts himself the first time he tries to deploy it or gets in legal trouble.
 
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I’m glad I’ve never found myself in a situation that required me to “whip out” a sword in an instant.
 
r8shell said:
According to the OP, it has to be seen as a weapon to be legal. Otherwise it's concealed or something.

I didn't know the Bad Idea name was taken. I was thinking of an old SNL skit: Bad Idea Jeans.
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But then I thought, when am I going to make it back to Haiti?
 
jlauffer said:
But then I thought, when am I going to make it back to Haiti?
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Yes, that's the one! 🤣

"So I explained to the cop: No Sir, that's not a cane sword. It's a sword cane, so it's perfectly legal..."
 
Legal is a fine line even with little knives. Take the poor fellow who was arrested for having a Swiss army knife.

Sucks
 
Ya gotta admit, a Lynn Thompson video of him in sweatpants, pulling out his foldling cane sword/sword cane, and hacking a buffalo carcass in half while rock music blares would be pretty cool ...
 
unwisefool said:
Lol doesn't have to have a personal problem, they might just not like you walking down the street with a sword. And if you think explaining the law is going to somehow make a police officer say "oh, you're right, please continue on your way with your sword" then I think you haven't had a lot of local interaction with big city cops.
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Actually, I have had just such interaction with police.
They are not lawyers. So if I pull a copy of the relevant statute and show them, they don't want to look like idiots or waste the judges time. That ended it right then and there. Once I had to ask to speak to his watch commander. It ended then! Big city cops are no more or less intelligent than small city cops. Being respectful is rare and appreciated, btw.
 
unwisefool said:
Maybe I missed the answer to this, but why do you want to walk around with a folding sword? What's the point?
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Wow, one worth response!
First, I carry a cane anyway.
Second, considering the direction Cold Steel is taking defensive folders (see Espada xl, for instance), this would be a natural next step for them (after consulting their legal team, of course).
 
knarfeng said:
California Penal Code 20510.
"Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane sword is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170."

California Penal code 16340.
"As used in this part, “cane sword” means a cane, swagger stick, stick, staff, rod, pole, umbrella, or similar device, having concealed within it a blade that may be used as a sword or stiletto."

If the blade is inside the "cane", it is concealed. It obviously can be used as a sword. The OP's design is therefore illegal to carry in the state of California.

California law for the most part tries to look at the intended use of the item. If it is intended to be used as a weapon, it's likely not going to fly, regardless of whether you actually use it or not.
Click to expand...
What about all the Cold Steel knives that are advertised clearly and LOUDLY as self-defense knives that are LEGALLY carried?
I havent heard of anyone being arrested just for carrying any of them, and there are many!
 
Lee D said:
I’m glad I’ve never found myself in a situation that required me to “whip out” a sword in an instant.
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I'm glad that you haven't, also...
Think of all the maimed and dead people that would have if they could have.
I'm glad that no one carries a concealed pistol because he would rather "be judged by 12 then carried by 6!"
 
Anyway, I said everything that I'm going to say about the legalities.
My point was to offer a completely original idea (for free) just in case there was anyone on this site with the skills and imagination to attempt such a project. Even if it just sits in a collection.
Oh well...
Perhaps I'll stop back in a few years.
Best to you all
 
While I'm open to the concept of a giant switchblade, I have to wonder about its utility. A katana, or perhaps a bearded ax, might be more useful for hacking through LA traffic, clearing the waiting line at Trader Joe's in Glendale or eviscerating, well, anything else that happens to be in the way.
 
So not only do you want to carry around some unwieldy folding katana, but also the lawbook to prove it's legal? Sounds convenient:rolleyes:
 
Beelzebubba said:
What about all the Cold Steel knives that are advertised clearly and LOUDLY as self-defense knives that are LEGALLY carried?
I havent heard of anyone being arrested just for carrying any of them, and there are many!
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You conveniently failed to read the prior paragraph of my post.

"If the blade is inside the "cane", it is concealed. It obviously can be used as a sword. The OP's design is therefore illegal to carry in the state of California."
 
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