Simple ownership in CA...

[Tailgate77478]

...is it legal? From what I can tell from the CA Penal Code, looks like a bali-song is illegal to CARRY. However, is simple ownership in CA legal? In other words, for someone who collects knives, bali-songs in particular, is the possession in the residence legal?

 

[tonyccw]

CA legal carry and ownership is permitted if blade is under 2". Otherwise, technically, ownership is not allowed, not without violating the zero commerce/transfer rules in place.

 

[Tailgate77478]

So simply owning a knife over 2" is illegal?!?!? I don't see how they can come close to enforcing that, as most knives over the years have been significantly longer than 2".

 

[Pantomime]

I've done some research over the past year or two on it. Since the new switchblade law (CA legal auto - If the automatic knife has a lock over the button that opens it, it is legal to own and carry), bali-songs have been under debate. Since bali's are classified under the switchblade law, this new one included, a balisong that STAYS in the closed position (ie: a latch that doesnt just fall open whenever) IS legal to own, and therefore carry. I talked to a peace (police) officer about the whole ordeal, and I showed him my 32, and he agreed, since it has a spring latch that stays closed, it is classified under that. So, sorry for ranting, but just wanted to let you know.
Really, its up to you at this point it seems...

Christian

 

[tonyccw]

So simply owning a knife over 2" is illegal?!?!?

No. Not all knives are illegal. You were asking about balisongs. Restriction only applies per:

Since the new switchblade law

And

Since bali's are classified under the switchblade law,

Hope that clears it up.

a balisong that STAYS in the closed position (ie: a latch that doesnt just fall open whenever) IS legal to own, and therefore carry. I talked to a peace (police) officer about the whole ordeal, and I showed him my 32, and he agreed, since it has a spring latch that stays closed, it is classified under that.

That's interesting. In that case, I would be very curious to see how the DA's Office would interpert that. The wording of the statute does not differentiate between a "closed" knife vs any other. It just defines the blade length as needing to be under 2".

653k. Every person who possesses in the passenger's or driver's
area of any motor vehicle in any public place or place open to the
public, carries upon his or her person, and every person who sells,
offers for sale, exposes for sale, loans, transfers, or gives to any
other person a switchblade knife having a blade two or more inches in
length is guilty of a misdemeanor.

 

[Pantomime]

Just going by who I've talked to about it.
No need to harass (for lack of a better word) me about it.

Christian

 

[44Magpie]

This thread is just one of many that have convinced me to NEVER move to California.

 

[Pantomime]

Soon as I can move away ugh
=[

Christian

 

[MORIMOTOM]

balisongs fall under the definition of switchblades, currently. here is the relevant section:

pc 653k: Every person who possesses in the passenger's or driver's
area of any motor vehicle in any public place or place open to the
public, carries upon his or her person, and every person who sells,
offers for sale, exposes for sale, loans, transfers, or gives to any
other person a switchblade knife having a blade two or more inches in
length is guilty of a misdemeanor.

note: simple ownership is not illegal in and of itself. though carry in any form, even in a vehicle is illegal.

 

[tonyccw]

Just going by who I've talked to about it.
No need to harass (for lack of a better word) me about it.

Not harassing. If you have found a legal means to carry a balisong in CA that is supported by a member of the LEO, then it's big news because, until your post, the status quo is that only 2" is legal.
Question now is, if the LEO's interpertation will hold up to the DA, and ultimately to the presiding Judge and/or Jury.

note: simple ownership is not illegal in and of itself. though carry in any form, even in a vehicle is illegal.

Question is how do you come by said "ownership" without violating the statute as it is written?

 

[Pantomime]

Question is how do you come by said "ownership" without violating the statute as it is written?

Keeping it in the vicinity of your own household?

My good friends grandmother was a District Attorney at one point, I could ask her what she thinks...?

Christian

 

[tonyccw]

Keeping it in the vicinity of your own household?

No, not ownership in terms of location. Ownership in terms of how you got the balisong. Outside of making it yourself, any other means would violate the existing statute.

 

[MORIMOTOM]

Question is how do you come by said "ownership" without violating the statute as it is written?

herein lies the conundrum. the knife shops i know of wont sell balis or autos to anyone but cops or active military. though there is no specific section which exempts them, leo's and military policies often allow their carry.

if one were to order one through the mail or over the net, then that would negate having to transport it in a vehicle.

 

[toaster burn]

makes me glad I live in the south

 

[acourvil]

herein lies the conundrum. the knife shops i know of wont sell balis or autos to anyone but cops or active military. though there is no specific section which exempts them, leo's and military policies often allow their carry.

if one were to order one through the mail or over the net, then that would negate having to transport it in a vehicle.

however, more often than not, if the illegal knife is in the trunk for transport, and is not being carried within reach, it is difficult to justify arrest, though the letter of the law would allow arrest.

I'm not an expert, but the quoted section "possesses in the passenger's or driver's area of any motor vehicle in any public place or place open to the public" would not seem to prohibit transport in the trunk or a non-passenger area of a vehicle.

 

[acourvil]

No, not ownership in terms of location. Ownership in terms of how you got the balisong. Outside of making it yourself, any other means would violate the existing statute.

Hmmm . . . "every person who sells, offers for sale, exposes for sale, loans, transfers, or gives to any other person" sounds like it deals with selling or giving, not buying or receiving. Are you interpretting that to apply to the recipient as well as the provider?

 

[MORIMOTOM]

I'm not an expert, but the quoted section "possesses in the passenger's or driver's area of any motor vehicle in any public place or place open to the public" would not seem to prohibit transport in the trunk or a non-passenger area of a vehicle.

you are correct. ill edit, all these threads run together.

 

[medusaoblongata]

Legal to own in your home, legal to transport in the trunk of your car. Unless you park in your garage, no legal way to get it from your home to your car.

 

[R.W.Clark]

Legal to own and transport.

Transport as you would a firearm.

Import into state is legal for personal ownership, illegal for sale.

Transfer of ownership illegal.