What is a knife?

J

jeffreyliu838

Joined
Oct 7, 2007
Messages
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I live in California, and we have a ban on concealed carry of all fixed blades. I was looking at a few TOPS knives, and I really like some of their models, but I have no reason buying them. I can't even carry the ALRT knives. Even if they are just a pieces of metal that have been sharpened. That got me thinking. What exactly is a knife? If I carried a bottle cap, would I be charged for having a knife on me? Like the TOPS ALRT, it is a piece of metal that is sharp.

Thanks.
 
ca law only prohibits concealed fixed blade carry, it is not a universal ban on all fixed blade knives.
 
this is the section from the california penal code, section 12020 where a dirk/dagger is defined:

(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. A nonlocking folding knife, a folding knife that is not
prohibited by Section 653k, or a pocketknife is capable of ready use
as a stabbing weapon that may inflict great bodily injury or death
only if the blade of the knife is exposed and locked into position.
 
the use of the term "knife" is not used, i believe, so as not to limit the application of the section. every one knows what a "traditional" knife looks like, in other words an item that was designed/sold as a knife. but untraditional items like ice picks and other sharpened objects may also defined by this section.

so a sharpened file could be a dirk/dagger, or a steak knife could be a dirk/dagger, etc. what is more important is the method of carry and other circumstances surrounding its discovery.

since a pen is a writing instrument, that ultimately may be used as a weapon, its mere presence would not make it such.
 
"capable of ready use as a stabbing weapon" is a FUNCTIONAL definition, so changing a cutting implement's FORM from that of a knife wouldn't work.

So I guess the definition would be roughly "a pointy thing".
 
bobby.t said:
"capable of ready use as a stabbing weapon" is a FUNCTIONAL definition, so changing a cutting implement's FORM from that of a knife wouldn't work.
Click to expand...

could you expand on this a bit. im not sure i understand the second part.
 
What he means is what we all read, but find dificult to put into words. According to this law, a dirk or a dagger is anything that could be used as a stabbing object, which is not expressly limited to what we think of when one says dirk or dagger. In other words a screwdriver, an icepick, and a pen all fit the "functional definition" of a dirk or dagger, as written in the California penal code. Another way of saying this is that how it (whatever "it" is) is used is more important that how it is designed in defining whether or not it is a dirk or a dagger.

A hammer is a tool and a baseball bat is sports equipment, but both are bludgeoning weapons if so employed.
 
ok, so we are all basically saying the same thing.

"knife" is not specifically defined. dirk/dagger is defined, but still ambiguous enough to include all sorts of objects.
 
Ambiguity is what keeps lawyers paid. Justice isn't blind, just really, REALLY confused.
 
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