under 2" fixed concealed in CA

dsvirsky said:
Contained with section 12020 of the penal code you will find this:
(24) As used in this section, a "dirk" or "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.

IIRC, this specific language came about after someone was stabbed to death with a cold chisel. Anything that can readily be used for stabbing (a closed folding knife isn't, by definition) will be considered a "dirk or dagger" under the law.
Click to expand...


LEO's use to use this law to harass anybody who had a knife of any kind, back in the day...even a little 2" Boy Scout folder!!! But today, the "dirk or dager" has now been ruled by the courts to be a specific type of weapon (double bladed for example), and all pointed weapons are not considered in that class just because they have a point!!!
 
MARTINEZ, CONTRA COSTA COUNTY, CALIFORNIA; November 18, 1980.
People vs. Ayers, Cal. PC 12020 (felony concealed dirk or dagger).
Client: Michael Tucevich, Public Defender's Office.

Ayers was arrested for carrying a concealed fillet knife.
California's concealed weapons law prohibits the concealed
carrying of any "dirk or dagger," but it does not define these
terms. I testified in court that this knife was not a dirk or
dagger. Ayers was found not guilty in a jury trial.

http://pw1.netcom.com/~brlevine/expa1199.htm
 
reconranger,
Not looking to get into a pissing contest with you, but the case you cite is out of date. The California Legislature amended section 12020 in 1994 (and again in 1997) to provide a specific definition for the term "dirk or dagger." See People v. Rubalcava (2000) 23 Cal.4th.
 
Thanks for the reference!!!

I was not meaning that this particular case had become "case law", I was only trying to demonstrate that the dirk or dagar thing is not an issue....unless you are actually carrying a for real dirk or daggar! In the old days, the LEO's would use this law to bust you for carrying absolutely anything concealed.....
 
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