California open carry

[sirrazzal]

Hi all, I'm relatively new here, and I had a question regarding California's open carry laws. I seem to remember there being a section apart from section 20200, which gave a more specific description of concealed. I remember something specifically regarding the sheath, And it being covered or not. I can't seem to find it again. I'm asking because I'm carrying a mini fox river, and when I wear many of my jackets, it covers the handle if I'm not careful. I'd like to avoid this by keeping it in my thigh pocket, the only way I could achieve this would be too cover the sheath completely. The handle would be 100% exposed, but nothing more. Does anyone have any insight? Or possibly know the code I'm thinking of?

Thank you all for any help you might have.

 

[glistam]

Yeah that's Penal Code 20200.

A knife carried in a sheath that is worn openly suspended from the waist of the wearer is not concealed within the meaning of Section 16140, 16340, 17350,* or 21310.

This statute doesn't define "concealed." It only specifies what is not concealed. The only other help the statutes offer is 21310 which is the actual concealed knife law:

Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who carries concealed upon the person any dirk or dagger is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

Nothing definitive can be found in the statutes or case law that I could find, so any further suggestions would more or less anecdotal evidence. All I can say is that in many states such as my own state of Maryland, open carry usually requires the object to readily identifiable as a knife by your average joe without conducting a search.

*Note:
16140 refers to the obscure "air gauge knife" (a knife that looks like an air gauge, serious you idiots in the CA legislature had a to write a statute for that?)
16340 refers to cane swords
17350 refers to knives hidden in pens

I have no idea why 20200 names the above statutes since none deal with concealment in any way and all said weapons are illegal to possess in CA, period.

 

[sirrazzal]

I guess I need to talk to a LEO... I was planning on it anyways, but thought I might inquire here first.

 

[killgar]

I guess I need to talk to a LEO... I was planning on it anyways, but thought I might inquire here first.

No offense intended to LEO's (I have tremendous respect for many of them), but I think you would be wasting your time asking a cop about what is legal regarding the carrying of a knife. While it's possible for a cop to actually know the law correctly, it's just as likely that they won't. Ask ten cops a question regarding the legalities of knife carry and you might very well receive ten different answers. And if a cop gives you incorrect information, and if you believe it just because it comes from a cop, you could wind up denying yourself your legitimate rights without even knowing it.

As for your question regarding the blade portion of sheath being covered, although any individual cop might make their own judgement call as to whether it qualifies as "concealed carry", my criminal attorney told me long ago that as long as the knife handle was clearly visible that it would be legal. Although I certainly can't guarantee that you won't "get into trouble" for carrying a fixed-blade with the blade portion of the sheath covered, I personally wouldn't hesitate to do so, and I did just that on a daily basis for several years without issue.