?Fixed blade carry: CA, OR, HI

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blackfeetmageet

Joined
May 11, 2009
Messages
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Does anybody know the CURRENT law regarding fixed blade carry in Hawaii, California, or Oregon.

And I mean carry with no imediate use (such as camping), just flat out edc carry -open or concealed.

Thanks.
 
i think for california for a fixed blade there is no limit as long as its not concealed BUT theres a catch to that in some counties. for example since theres no limit for a blade length in my county, i could strap a sword to the my back as long as it isnt concealed. but since theres somthin called a statute of limitation it would be illegal for me to do so. ive talked to a few CA cops and theyve all told me that its legal to carry a concealed 3 inch blade anything higher is a misdeminor. but as for fixed blades im told theres no limit, but then in some counties there are statutes of limitations. the CA law is confusing. as for hawaii i dont know the limit but i hear oregon is pretty lax about their knife laws hope this was helpful.
 
Ah yes, the blade length urban legend rears it's head again. I don't know anything about Orgegon or Hawaii, but there is no mention of knife blade length anywhere in the California Penal Code, with the exception of automatic knives (switchblades). Switchblades are legal to own and carry in CA if the blade length is UNDER 2 inches. Autos with longer blades can be owned, but cannot be carried in your car or on your person. Fixed blades of any length are legal to carry openly, but you may be stopped by police if you carry something "remarkably" large. Folders, regardless of blade length, can be carried openly or concealed, but if concealed, they must be closed. That's state law in a nutshell. Local municipal codes or ordinances might have further restrictions, so you should always research before carrying in certain cities or counties.
 
Thanks you guys for the help.

What I really need is the exact law so that I can quote it should I ever be pulled over or something; the exact name of the law code itself.

I have read the "sticky" threads under knife laws, but the only laws on those sites are over 10 years old and I think they may have changed in California.

Does anyone know where I can research knife laws which are guaranteed to be up to date?

Oregon I will be fine (in my small red neck town), but police in California and Hawaii will be very suspicious of people who carry knives (me), especially fixed blades, so I would like to know my rights as defined by the legal system so that I can quote them when appropriate.

Thanks again, this forum has been a lot of help.
 
Look under the 12020 section (there are lots of subsections, so read them all) of the California Penal Code. However, what you will find is that it just says carrying a "dagger or dirk" concealed is illegal. Pretty vague, right? Well, to determine what they mean by "dagger or dirk," you will have to examine case law on the topic. I can save you some time by telling you that the courts have watered down "dagger or dirk" to mean any instrument that is "readily capable of being used as a stabbing implement." Okay, so now the question is probably, "What does that mean?" One could write a book on the topic, but in a nutshell, and as it pertains to knives (i'm not going to get into icepicks, screwdrivers, etc.....) it is illegal to carry any fixed blade knife concealed on one's person in California, regardless of blade length. Also, if you carry a folding knife, whether locking or not, with it's blade in the open position and concealed, it is illegal under the same law (12020 CPC). However, it is perfectly legal to carry any fixed blade knife, again, regardless of blade length, if it's not concealed. And NEVER tell police you are carrying any knife for protection or self defense. What constitiutes "concealed" is open to the interpretation of the arresting officer and the court, so if I were you, I'd make sure the knife is entirely uncovered and visible. You will also discover that almost every city and county have their own rules governing knives, so you need to do some research before you carry a knife in any given area. Knife laws, like most laws, are a mish-mashed quagmire that take a legal expert to figure out. This is one of the reasons we have so many lawyers around. Hope this helps.
 
riversidedep said:
Look under the 12020 section (there are lots of subsections, so read them all) of the California Penal Code. However, what you will find is that it just says carrying a "dagger or dirk" concealed is illegal. Pretty vague, right? Well, to determine what they mean by "dagger or dirk," you will have to examine case law on the topic. I can save you some time by telling you that the courts have watered down "dagger or dirk" to mean any instrument that is "readily capable of being used as a stabbing implement." Okay, so now the question is probably, "What does that mean?" One could write a book on the topic, but in a nutshell, and as it pertains to knives (i'm not going to get into icepicks, screwdrivers, etc.....) it is illegal to carry any fixed blade knife concealed on one's person in California, regardless of blade length. Also, if you carry a folding knife, whether locking or not, with it's blade in the open position and concealed, it is illegal under the same law (12020 CPC). However, it is perfectly legal to carry any fixed blade knife, again, regardless of blade length, if it's not concealed. And NEVER tell police you are carrying any knife for protection or self defense. What constitiutes "concealed" is open to the interpretation of the arresting officer and the court, so if I were you, I'd make sure the knife is entirely uncovered and visible. You will also discover that almost every city and county have their own rules governing knives, so you need to do some research before you carry a knife in any given area. Knife laws, like most laws, are a mish-mashed quagmire that take a legal expert to figure out. This is one of the reasons we have so many lawyers around. Hope this helps.
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agreed! OR if you want to be safe just carry a 3 inch blade weather it be fixed or folder!
 
Thanks you guys. I am going to give up ever carrying a fixed blade for edc use in california. The code says that you have to have an imediate reason/use for a fixed blade when you carry it. You cant carry a fixed blade for "just in case" scenarios. At least that is how I interpreted it.

I am glad to know however that the code clearly states that I can carry a folder consealed as long as it is closed in my pocket.

And yes I would never state that I carry a knife for defense (and I really dont). It is always best to say for utility or "utilitarian uses."

That being said, I have printed the specifics of the penal code 12020 and will keep it in my car for reference should a police officer ever pull me over and try to arrest me because I carry my pocket knife in my pocket (what a tolerant and rational world we live in...geeez).

I think it still sucks that I cant have a fixed blade on me though. That is what I really would prefer.
 
blackfeetmageet said:
Thanks you guys. I am going to give up ever carrying a fixed blade for edc use in california. The code says that you have to have an imediate reason/use for a fixed blade when you carry it. You cant carry a fixed blade for "just in case" scenarios. At least that is how I interpreted it.

I am glad to know however that the code clearly states that I can carry a folder consealed as long as it is closed in my pocket.

And yes I would never state that I carry a knife for defense (and I really dont). It is always best to say for utility or "utilitarian uses."

That being said, I have printed the specifics of the penal code 12020 and will keep it in my car for reference should a police officer ever pull me over and try to arrest me because I carry my pocket knife in my pocket (what a tolerant and rational world we live in...geeez).

I think it still sucks that I cant have a fixed blade on me though. That is what I really would prefer.
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im sure you wouldnt be arrested just sighted or have your blade confiscated, which would totally suck! the worst that can happen is a misdemeanor good luck!
 
Goodspeed said:
im sure you wouldnt be arrested just sighted or have your blade confiscated, which would totally suck! the worst that can happen is a misdemeanor good luck!
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For me, a misdemeanor means I will have to wait another four years before I can get a concealed carry license (for firearms in Oregon), and that is not an option.
 
For CA, you need to just be careful about where you are- there are some city and local ordinances as well as the UC system rules. be very careful that non-concealed is NOT CONCEALED and then don't worry about it. there is not length limit under state law - and a statute of limitations refers to something completely unrelated.

To be safe regarding police "coercive interactions", the honest truth is that you need to LOOK right and ACT right. Looking like a middle class white construction worker is your best bet, you look like you NEED the knife and aren't in a gang or tweaking on meth. Next, don't do it in LA, near LA, or even when thinking about LA.

By and large here in northern CA, if you aren't hispanic and don't dress like a meth-head, you are fine- but the police can be VERY aggressive and completely uncaring about general personal rights if you don't fit the mold.

print out and carry this, with definitions and talking points for explaining:


12020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:

(1) 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 ballistic knife...any nunchaku...any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken [ed: "throwing star"]...any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag. [Ed. Note: this is the paragraph covering "what you cannot own at all" - some of it is downright weird. Plastic/ceramic knives that can go through a metal detector are also banned somewhere in PC12020.]
...
(4) Carries concealed upon his or her person any dirk or dagger.
...
(24) As used in this section, a "dirk" or "dagger" means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. [Ed. note: so if it's a PC653k-legal knife, and it's carried concealed while folded, it's not "readily available" and therefore doesn't meet the "dirk or dagger definition". ONLY "dirks or daggers" need to be open-carry.]
...
25(d) Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning of this section.

or just print out the whole website:
http://www.ninehundred.com/~equalccw/knifelaw.html

Jim's pages have been very useful to me in explaining to several fish and game, CHP officers, and park rangers.
 
I was carrying both versions of the Benchmade Activator, which is a barely 2" bladed fixed knife.

I just got kind of freaked out by the "concealed carry" wording in the law, since all it would take is an overzealous cop who considers a t-shirt covering the handle and a 1/4 inch of the sheath, and suddenly you're facing fealony concealed weapon charges--whether or not they're legally valid.

It just wasn't worth it to me to carry a small fixed blade, even one that is obviously not designed as a weapon.
 
can only answer for hawaii. no balisongs, switchblades, or daggers. no conceal carry. besides that you can carry anything else. no size limit.
 
1kimo4u said:
can only answer for hawaii. no balisongs, switchblades, or daggers. no conceal carry. besides that you can carry anything else. no size limit.
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Concealed carry of knives is not illegal in hawaii.

The forbidden types of knives are butterflies, switchblades, gravity knives, daggers, and dirks.

THe courts haven't really tested the knife laws much, so the definition of whatever a "dirk" or "dagger" or even "gravity knife" in Hawaii Revised Statutes remains vague.

In practice I can tell you that you can carry a single edged blade of almost any lenght on your person without finding yourself in legal peril. As long is it not blatantly a switchblade or butterfly. But have common sense as well, don't have a short sword openly carried in places where it will alarm the public; in the event someone calls 911 police will be forced to address you.
 
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