fixed blade in CA

[bulgron]

For something like 25 years, I've been in the habit of carrying a fixed blade knife in my pack any time I go into the woods. The knife blade is 5.5" long, single edged, and is an all-around field knife (NOT a dagger or tactical fighting knife). I use it for making camp, getting firewood, preparing food, or building a shelter in the rare situation that I find myself in a jam.

Having just stumbled on this forum, I got curious and looked at the CA state law on knife carry. The part where they say you can't conceal carry a dirk or a dagger seemed clear enough to me. But then I see that they say a dirk or a 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."

So I'm guessing my field knife is viewed as a dirk or a dagger under this definition. But then, I also suspect a screw driver can be viewed as a dirk or a dagger under this definition.

So for wilderness purposes (as in, I'm not walking around town but rather walking down some trail in a federal, state, or county park), is it true that I must carry my field knife on my belt?

Or am I OK because a knife jammed into the depths of my pack is not capable of ready use as a stabbing weapon?

This all seems bizarre to me.

 

[JohnnyLightOn]

So for wilderness purposes (as in, I'm not walking around town but rather walking down some trail in a federal, state, or county park), is it true that I must carry my field knife on my belt?

Probably. It's certainly the legally-safest method.

For county parks, note that in some California cities and counties, the open carry of knives of a certain length (usually 3" or more, sometimes 2.5" and other lengths) is prohibited. In Los Angeles county, you can't openly carry a knife with a blade length of 3" or more, except for "legitimate" recreational, vocational, or religious purposes. Who knows what "legitimate" means? It's never been defined by ordinance or court. This only affects you in country parks in a county where a length limit applies, and then only if you can't demonstrate legitimate recreational use. If you're on a day hike in Griffith Park in L.A. County, I wouldn't bring a fixed blade that's 3" or more. If you're in a more remote county park or camping overnight there and thus would use it for camping purposes, or in a county that doesn't have an open-carry length limit (obviously), I wouldn't have the same concern.

Or am I OK because a knife jammed into the depths of my pack is not capable of ready use as a stabbing weapon?

There is a California case holding that a fixed-blade knife that's hard to access because it's inside a credit-card holder is not capable of ready use and thus not a concealed dirk or dagger (In re LUKE W. (2001) 88 Cal. App. 4th 650)(note that the court also found a few other reasons why this credit-card fixed-blade was also not a concealed dirk or dagger). This seems to imply that a fixed-blade carried deep inside your pack would similarly not be a concealed dirk or dagger. There may be a case that's more on point, but I don't recall seeing it. But if there isn't, you would be in the position of having to break new legal ground if you were found with this knife and the ranger or officer doesn't accept your assertion that a knife carried this way can't be accessed quickly and therefore doesn't fall under the carry prohibition.

Please do not consider the above to be legal advice. You should read the cases and statues/ordinances yourself, and/or consult a lawyer.

 

[bulgron]

I appreciate the input. And don't worry, I don't consider anything I see on the internet as solid legal advice.

Does anyone have pointers to the knife laws for CA counties? I'm mostly concerned about San Mateo, Santa Cruz, Santa Clara, San Benito, and Monterey counties. There's lots of good hiking in those places, but there's also lots of pretty remote, rugged places that you shouldn't go to without being well-equipped. Anyway, I need to know if there's length limits for those counties.

Not being a lawyer, I don't really know how to approach this research.

*sigh* Too darn confusing.

 

[JohnnyLightOn]

Here's a good starting place:

http://california.lp.findlaw.com/ca01_codes/municode.html

It doesn't have every city (and maybe not even every county). You'll have to familiarize yourself with the legal structure of each city and county you look at, but once you've found the section on weapons and then on knives, you'll either see a prohibition there or it's almost certain they don't have one.

For the sake of completeness, county law libraries (usually found in county courthouses) often have the county and city codes/ordinances for the jurisdiction where they're located.

 

[Argyll]

Good advice, as always, JohnnyLightOn. My gut response was similar to yours, but I wanted to add the caveat that Luke W turned in part on the statutory definition of a "pocket knife." I don't think a 5.5" camp knife could squeeze in under that particular term.

Best regards,

Argyll