filipino weapons

[cpk]

Hello everyone,
Shootist16 I know this is a site regarding knife laws. However most knife people are also in to Filipino Martial Arts. I have heard from one of my close friends being hassled about his rattan stick. These were being carried in a stickbag in back of a truck. Also heard of a similar case from another friend. These have both occured in California. Both were not offensive to the police and advised them of what they had. They were charged with a concealed weapons charge and not given a receipt for there sticks. I searched Ca law and couldn't find anything really. My friend is taking this to court. Any input from anyone would be greatly appreciated. Thanks.

 

[Argyll]

California Penal Code section 12020 says in part that any person who possesses “any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag, . . . shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison....”

In regards to sticks, the key is the prohibition against weapons known as a “billy.” The California Supreme Court has held that a broken baseball bat with a taped handle, which the defendant admitted was being kept in his car as a weapon, was an illegal billy. The court explained that that possession of the sometimes-useful objects can be illegal if the circumstances, including the time, place, destination of the owner, and alterations to the object indicate that the person possessed it as a weapon. “Accordingly the statute would encompass the possession of a table leg, in one sense an obviously useful item, when it is detached from the table and carried at night in a ‘tough’ neighborhood to the scene of a riot. On the other hand the section would not penalize the Little Leaguer at bat in a baseball game.” (People v. Grubb (1965) 63 Cal.2d 614)

Other courts have held that police batons and collapsible or telescoping batons are also prohibited for civilian use as a billy.

In a more recent case a California Court of Appeal held that a person carrying a padlock on the end of chain for purposes of self-defense was in possession of an illegal “slungshot.” Again circumstances and the admission that it was intended as a weapon made the difference between a legal and illegal object. “Intent to use a weapon is not an element of the crime of weapon possession. Proof of possession alone is sufficient. . . However, if the object is not a weapon per se, but an instrument with ordinary innocent uses, the prosecution must prove that the object was possessed as a weapon. The only way to meet that burden is by evidence indicating that the possessor would use the object for a dangerous, not harmless, purpose.” (People v. Fannin (2001) 91 Cal.App.4th 653.)

So where does that leave escrima sticks? If used in a martial arts class, they are arguably sporting equipment just like a baseball bat or hockey stick. If carried to a rumble, they are arguably an illegal billy. If found in your car it is a matter of circumstances and demonstrated intent.

Personally if asked by the police what was in my stick bag, I would accurately reply, “training sticks.” If asked for further explanation I would again reply truthfully, that I study Cabales Serrada Escrima, a type of Filipino fencing, that uses sticks as a safe substitute for swords.

Usual Disclaimer: This is just my personal opinion, and is not intended as legal advice. Your mileage may vary.

Best regards,

Argyll