Spoke With an LEO about Knife Laws the other day

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May 1, 2000
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I was in my sociology class and it somehow came up that one of my classmates was an LEO. So after class I asked if I could speak with him for a minute, he said yes, not really knowing what he was getting himself into, but sensing that it wouldn't be good. So I asked him what he could tell me about California knife carrying laws. He said that you can't carry any knife with a blade longer than the palm of your hand, you can't conceal a locking folder, and you can't have a double edged knife. Well, none of that is true, so I asked him how sure he was that he was getting it right. He said he knew the law fairly well. So I asked, "Why is it then, that nothing of what you have just said is the same as what's in the penal code?" (a copy of which I conveniently had in my pocket) He said that case law is forwarded to the police immediately, but is only included in the penal code once a year. I said, "so the prohibitions on concealing locking folders, carrying double edged knives, and the palm of the hand length limit are all case law from the last ten months?" He said, "They must be, because that's what the law is." Then I asked him about the regulations for university carry, he said he had an ordinary pocket knife and that was fine, said the length limit was 3.5" (not true). We both artfully avoided the topic of what I was carrying. He explained to me the excuses that police will use when confiscating a legal knife. He said that if he says it's for "public safety," he can take anything away from anyone, they will have to go to the police station to pick their stuff up, and he won't get in any trouble. He was actually focusing more on how he can get away with confiscating a legal knife, and less on clarifying the distinction between a legal knife and an illegal one. I asked him, if the law is not in the published penal codes, how is one to know what the law is. He said, "If you think that what you're doing might be illegal, it probably is." He was actually very patient with me, considering I bombarded him with questions for half an hour, and kind of trapped him, by pretending to know nothing until after he told me what he thought the laws were, and then quoting penal code sections to him, challenging him to explain how on earth what he was saying could in any way be derived from them. We parted, both a bit frustrated, still in disagreement on what the law is.

For those that don't know, in CA, autos and gravity knives over 2" are illegal to carry, and a fixed blade cannot be concealed (a folder which is locked open is considered a fixed blade, not one which locks open) (see 653k & 12020). That's it. And for university carry, the only other restriction is no fixed blades over 2.5" (see 626.10b)

So it was obvious to me that this officer did not know what the laws were, but really thought he did. And was completely unwilling to change his opinion, even when faced with the text of the penal codes. Am I mistaken here somewhere, or is there something wrong with this.

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Jason aka medusaoblongata
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"I have often laughed at the weaklings who call themselves kind because they have no claws"

- Zarathustra
 
Hi all. Wow medusa. That's scary. I can imagine having my carrying a knife questioned by a LEO and being unable to defend my actions, even with a text copy of the law right in my hand. But, on the flip-side LEO's are not attorneys or judges and I doubt know every law to the letter. Even when confiscating a legal knife, I tend to think that they are just playing it safe and can't blame them for that. I think it's unfortunate that this particular officer knows the specifics of being able to take even legal possessions from you in the name of "public saftey". In the end it seems that the law is the law(as dictated by the person enforcing it), and it's just a matter of who happens to catch you doing what, and what their opinion of it is.

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"Anything worth fighting for is worth fighting dirty for."
"First you get the sugar, then you get the power. And then, you get the women."
"Will act for food."
 
None of this should be a surprise to you. The police will confiscate any knife they don't like or if they don't like you whether it is legal or not. I'm not anti-police, I'm just speaking about reality. In the real world, if an LEO takes your knife be polite and try to get specifics on who he is and where he is taking it. Be careful about arguing the law with cops when they have you pulled over or have stopped you. Many are sensitive about being "shown up" or embarrassed, and if you embarrass an LEO, he might just show you exactly what he can do.

I always recommend that knife lovers use common sense when carrying a knife. We need to look at knives the way regular people do in order to have sense of perspective as to whether what we are carrying looks threatening. For instance, New York has a 4" limit. Despite that fact, I would not want to be a young (17-30) man in hip hop clothes who is found to be carrying an AFCK or Carnivore etc., especially if I were not very WASP like in appearance. Smaller knives are always easier to justify and they can do just as much as larger knife for 95% of daily urban tasks. Bigger knives are cool, but it pays to be mindful of where one carries a big knife (7.5+ OAL) unless one has a very solid, non-violent reason.
 
Police officers are out on the streets, and they must protect themselves and the public. Confiscation of legal items is often a problem from our standpoint, but it is clearly a judgement call on the officers part.

I took a pistol class about a month ago, and my istructor (who has a concealed pistol permit) told us how on a routine traffic stop, the officer directly asked if he had a pistol, (which he did) and asked to see it. My instructor took it out of his waistband slowly, and simultaneously emptied his revolver as he handed it to the officer (considered proper etiquite I was told). The officer took the revolver, inspected it, DROPPED IT ON THE GROUND, then handed it back.

I think the take away message is that we are "at the mercy" of our law enforcement officers, and if we treat them with respect, and don't try anything too fancy (like the simultaneous unloading while handing the gun over) they probably won't give any hassles. I don't think people go into law enforcement because they want to jerk people around. Most of them do it because they have a genuine desire to help people. However like with all groups of people, some officers have a chip on their shoulder and something to prove.

~Mitch

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My Hobby Page
 
These stories make me feel sooo lucky to
live where I do. I got stoped by a cop 3 weeks ago. He was the one that sold me the HK 93A3 I had in my trunk! He stoped me becuase he wanted to see how I liked it.
(When I bought it, the sale took place in his station! During that transaction I met a half dozen other officers that were all great guys.) They invited me to join them on Sunday afternoons at their indoor pistol range.

The "pull over" conversation went for 15 minutes. Then I showed him my Darrel Ralph DA, and talking and playing with it took another 30 minutes!
 
The first thing that came to mind when I read this was "exactly what kind of "LEO" is he, and how long has he been on the job?".

The primary reason I ask is because it's very common for reserve officers or rookies in training to embellish a bit on exactly what they are...and non-LEO's tend to lump all officers into the same category. This guy could have been an explorer, reserve officer, academy rookie, or even "about to be hired by...".

The fact that he was in a college class also suggests he's fairly young. Granted he might be a vet just catching up on his education, but that's a little unusual.

The fact that he tried to say "case law" was the reason his knowledge of your printed penal code copy was incorrect is also a red flag, since case law commonly clarifies questionable parts of a statute but will not "rewrite" the law to the point that your copy would be invalid. I guarantee you that a higher court would not revise the legal blade length limit to "the width of your palm". That's absurd. Case law might clarify if a clipped knife inside the pocket qualifies as "concealed" or not (not concealed in my state, by case law), but it won't change the wording of a law.

Sounds to me like you backed a rookie into a corner and he didn't have the guts to admit he didn't know the law. No shame in not knowing every statute on the books, but I've never had any problem saying "I don't know the statute word for word but I can look it up for you".
 
I don't know how long he's been on the job or what his position or title is. But he looked to be between 40 & 50, so I don't know if he could be a rookie.

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Jason aka medusaoblongata
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"I have often laughed at the weaklings who call themselves kind because they have no claws"

- Zarathustra
 
Well so much for that theory. :-)

Still, he pulled the "width of your palm" line out of his rear end...you'd never see something like that written into statute or established by a higher court.

 
I'm an LEO and have run into misconceptions within my department over illegal possession of knives. Some say it can't look aggressive, some that it cannot be over 9" oal, and some just admit that they have no freaking idea. The limit IS a 4" blade and the TCA code does not address OAL. i have seen knives siezed over these misconceptions and it is usually due to poor taining. Word of mouth confirmation of legal issues have started more lawsuits than they have stopped. The good news is training is increasing in quality and quantity. The bad news is we still have a long way to go.
These misunderstandings have led me to never,ever carry an expensive $200-$500 folder or fixed blade. If you cry when you lose it, you paid way too much (but God the beauty and quality of these expensive custom pieces!!)

Waiting for a better world ,



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Ken
 
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