Different LA switchblade question

lacourla

lacourla

Joined
Jan 31, 2006
Messages
143
While I do know that carry of a switchblade in LA, CA is illegal, I also notice from my reading that it is only considered a misdemeanor....

"Switchblades


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."

Is this in fact correct, and if so, if caught would one only be given a ticket (using the analogy that moving violations are misdemeanors too)????
 
I doubt it. That part of penal code is called Dangerous Weapons Control Law.
Maybe if you were really really smooth and good looking, and the cop has a crush on you, and its your lucky day and ... :D
 
lacourla said:
Is this in fact correct, and if so, if caught would one only be given a ticket (using the analogy that moving violations are misdemeanors too)????[/QUOTE

Most moving violations (there are exceptions) are not misdemeanors; they are infractions. And while it is possible, under some circumstances, to be cited for a misdemeanor in CA without being taken to jail, expect to be given a ride in the back seat of a police car if you are caught with a switchblade by the Los Angeles police department.
Click to expand...
 
since it is a straight misdemeanor, it is citeable for an adult. circumstances and the policies of the individual agency regarding this section will dictate action.
 
MORIMOTOM said:
since it is a straight misdemeanor, it is citeable for an adult. circumstances and the policies of the individual agency regarding this section will dictate action.
Click to expand...

Pardon the ignorance in regard to the legalese but does "citeable" mean a ticket, or a trip down to the station? Am I right in understanding that it's ultimately up to the officer and the particular situation ?

Thanks again
 
lacourla said:
Pardon the ignorance in regard to the legalese but does "citeable" mean a ticket, or a trip down to the station? Am I right in understanding that it's ultimately up to the officer and the particular situation ?

Thanks again
Click to expand...

yes, a ticket is an option.

and yes, it is up to the officer (based on policy), whether you are booked or cited.
 
If there is such a thing as CA legal autos, where n the penal code does the 2" limit reside?
 
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.
 
shit, my bad... thanks
 
Guys - keep in mind that the definition of a misdemeanor is "a crime punishable by no more than 1 year in jail". A felony is something punishable by more than 1 year in prison.

Just because it's a misdemeanor doesn't mean you're going to walk away from an arrest. You could very well spend a year in county jail.
 
and receiving a citation rather than being booked does not mean one wouldn't spend time in jail as well.

they still have to appear before a judge.
 
I go fishing in stampede reservoir all the time. Is it illegal for me to carry a knife bigger than 2" while fishing? I never thought about it until now. Does this mean my filet knife is illegal if it's concealed in my boat also?
 
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