neck knife law for ca ,

[Argyll]

R.W.,

Can you point me to the case regarding small fixed bladed for my knife law files?

Best regards,

Argyll

 

[R.W.Clark]

The one I seen used most often is Luke. I guess because the knife in question was a "fixed" blade. The Luke reasoning does not directly cross over to apply directly to size, but it is often used with success.

I have been told by the lawyers (both DA and defenders) I work with that there are several others but since I don't argue case law (only physical properties) I have not dug into them. I will contact my guys and see if I can get some case names and numbers.

I am not allowed to be in the court during any parts of the trial except for my own testimony so I never get to hear exactly how cases are argued or what exactly is presented to the court. Heck, in the past three months I have not been on the stand at all. All of my cases have been dismissed after I file my reports or in quick pre-trial conferences with the DA.

Do you believe that the DAs will continue on until about 5 minutes before trial. Then we all get called into chambers, I present my findings and reasons to the DA and sometimes the Judge then they just dismiss the dang thing. We could save alot of time and money if they would just dismiss on my findings report.

 

[Argyll]

Do you believe that the DAs will continue on until about 5 minutes before trial. Then we all get called into chambers, I present my findings and reasons to the DA and sometimes the Judge then they just dismiss the dang thing. We could save alot of time and money if they would just dismiss on my findings report.

I believe it. I am sure your clients are happy for the dismissal in any event. Sounds like you're having some great outcomes.:thumbup:

Best regards,

Argyll

 

[R.W.Clark]

Here is an interesting little bit of law.


CALIFORNIA CODES
BUSINESS AND PROFESSIONS CODE
SECTION 7500-7500.3

7500.1.
(h) "Deadly weapon" means and includes any instrument or weapon of
the kind commonly known as a blackjack, slungshot, billy, sandclub,
sandbag, metal knuckles, dirk, dagger, pistol, or revolver, or any
other firearm, any knife having a blade longer than five inches, any
razor with an unguarded blade, and any metal pipe or bar used or
intended to be used as a club.

 

[san jose savage]

the supplied information has been very helpful , thank you

 

[serratededge]

I just dug up this thread while researching info on neck knife carry laws here in CA.

Although this thread is a few years old, can anyone verify that it is still true that as long as the blade is under 2", it can be carried concealed, under the shirt?

 

[MORIMOTOM]

there are no laws specifically addressing neck carry, though the verbage on concealed carry obviously applies.

there is nothing in the penal code, excepting autos and belt buckle knives, regarding blade length (2" and 2.5" respectively). this does not necessarily apply to dirks/daggers, and is not mentioned in the definition of same.

mr. clark mentions case law that has said any knife under 2" is not considered a deadly weapon. but as this thread is a few years old, i don't know if this would apply or be binding in any way.

case law is typically the opinion of the presiding judge and may or may not be viewed in the same manner by another court.