Fixed Blade Concealed in a Backpack?

[gator68]

If any part of the knife is viewable from plan observation than it is not concaled. Wearing a large trench coat and having the knife on your belt would be considered to be concealed. For the most part I concluded that a knife clipped (if it can be seen) inside your pocket is not considered to be concealed. This is a major problem with knife law, no clear (or reasonable for that matter) definition for concealment with regards to pocket knives. [Rant]I dont understand why concealment even applies to fucking pocket knives. It's not a god damn gun, it's a pocket knife it goes into my pocket. Hence the size you idiots! I'm not concealing the god damn thing, I'm just carrying it in the most convenient way possible. Sweet Jesus what are law makers thinking. Do I need to purchase a shoulder holster and look like a psycho so that my knife is protruding into the face of everyone I meet so that I may be in compliance with such inane and pedantic laws? RAAAAAAWR. Vote Reffy For Congress, 2030[/Rant]

Such a case may or may not be precedent for concealment. Look specifically at the reason for dismissal, did it speak on concealment or did it (as I assume) speak on intent?

I think you are wrong, at least considering CA law.
"(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."

This says nothing about having a jacket on, it just has to be in a sheath at your belt. Folding knives are not considered "dirks or daggers" and so can be carried any way you want. There are other laws about schools, airports, government buildings etc that do impact folding knives.

 

[medusaoblongata]

Openly suspended from the waist might mean visibly suspended from the waist. If your "dirk or dagger" is in a belt sheath, which is completely covered by a jacket, that might still fit the definition of "concealed" (I wouldn't try it).

JKM had some interesting info and case law regarding this stuff on his website, but AFAIK no one mirrored it before it was shut down.

 

[Reffy]

Considering the addition of the word "openly" i would guess that that clause is simply to make sure that those who wear a sheath are construed as concealing their knife within the sheath.

 

[MORIMOTOM]

I think you are wrong, at least considering CA law.
"(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."

This says nothing about having a jacket on, it just has to be in a sheath at your belt.

although a bit ambiguous, my working interpretation of "openly" is "in plain view". ie, completely visible.

Folding knives are not considered "dirks or daggers" and so can be carried any way you want. There are other laws about schools, airports, government buildings etc that do impact folding knives.

folders must be carried in the closed position. if carried locked open in, say, a pocket, it is considered a concealed dirk/dagger.



re: the op's question, "capable of ready use as a stabbing weapon" is the pertinent phrase ((12020 (c)(24) pc))

ymmv, but any knife in a closed backpack would not meet this element imo.

however, municipal or county codes may have stricter guidelines.

 

[BladeTMNT100]

i dont think it matters if you put your dagger concealed in a backpack or not but i am not sure about CA law

 

[killgar]

i dont think it matters if you put your dagger concealed in a backpack or not but i am not sure about CA law

This is an old thread .

It is completely legal in the state of California to carry a fixed-blade concealed in a backpack or similar bag.

The statute in the California penal code that pertains to the concealed carry of fixed-blades is CA pc 21310. That statute says, and I quote-"any person in this state who carries concealed upon the person any dirk or dagger is punishable by imprisonment..."

It should be noted that under California law any fixed-blade capable of being used as a "stabbing weapon" is considered a "dirk" or "dagger".

The issue of what exactly constitutes "concealed upon the person" was challenged in court, and the California court of appeals, in the case of The People vs. Pellecer, ruled that a fixed-blade carried concealed in a backpack is NOT "upon the person" and is therefore not illegal.

The court ruled that in order for a fixed-blade to be considered illegally concealed, that it must be concealed upon the persons body or in their clothes.