would open carrying like this in CA be legal?

[Studmufin]

Im new to this guys so please take it easy. I made this thing that suspends my sheath via a cloth attached to my belt so i don't have to tuck in my shirt. so im wondering would open carrying like this be legal in CA ?

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[killgar]

Welcome to Bladeforums

In regards to your question, it depends on what part of California you are in (and possibly your reason for carrying the knife). It will be easier to give you a specific answer if you say what part of California you are in.

Throughout most of California it is perfectly legal under state law to openly carry a fixed-blade of any size or type* with no reason needed (California penal code 20200). However, for example- in Los Angeles (county and city) it is illegal to openly carry any knife with a blade 3" or longer, unless you have a "legitimate" reason as specified in the LA penal code (specifically- legitimate work-related activities, legitimate recreational activities like fishing, camping, etc, or for legitimate religious reasons). (*"knuckle-knives", that is, knives with metal knuckles attached, are illegal throughout all of California, because the mere possession of "metal knuckles" is forbidden under CA law. CA pc 21810)

I live in San Diego, and all of SD follows state law, so down here it is legal to openly carry any size or type of fixed-blade. Below is a picture of me and how I have been carrying my fixed-blade everyday in public for around the past nine years. Many cops have seen me carrying it, some close enough to touch it, and not one has ever said a word about it. And that's despite the fact that I ride a motorcycle and look like an extra from a biker movie.

Of course your experiences may vary. Different cops can act differently, and not every cop will know the specific details of the law. I've seen several people openly carrying fixed-blades here in SD over the years, so perhaps the cops here know that it's legal and don't see any point in hassling people over it.

I suggest that you find out what the knife laws are in your specific part of California (this is a good place to ask). And if it is in fact legal in your area to openly carry a fixed-blade, then I would suggest that you make a printout of California penal code 20200 and carry it in your wallet to show any cops who wish to inquire about your knife so you can show them that you are following the law. I know of a few people who saved themselves from having a serious misunderstanding with the cops, and having their knives confiscated, by showing them such a printout.

Here is a link to CA pc 20200 direct from California's official state website- http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=20200 This is the specific law in the California penal code that makes it legal to openly carry a fixed-blade. Notice that there is no mention of restrictions on blade length or type of knife.

And even if it is legal to openly carry a fixed-blade in your part of California, you need to know that it is illegal everywhere in the state to carry such a knife on any public or private school property k-12 (CA pc 171.5). There is also a 4" limit on the length of blade you can carry onto airport property (CA pc 626.10).

If you have any further questions feel free to ask. You came to the right forum.

 

[Studmufin]

Thanks man I knew I could open carry but wasn't sure if my knife could hang like that.By the way what kind of knife is that in your picture it looks badass.

 

[killgar]

Thanks man I knew I could open carry but wasn't sure if my knife could hang like that.By the way what kind of knife is that in your picture it looks badass.

You're welcome.

Yep, the way you are carrying your knife in those pics is the very law book definition of legal under CA state law.

My knife is a Wilson Tactical model 25. Overall length of 10", 5" blade, almost 1/4" thick, D2 steel, micarta handles (wrapped by me with a strip of bicycle innertube for greater grip). This has been my work knife, and general purpose knife, ever since I got it. I think it looks bigger than it really is in the pic above because it's the closest thing to the camera.

 

[Charlie_K]

In answer to your question, technically yes, but effectively no. Because of a recent Supreme Court ruling regarding a traffic stop and ambiguous law language, by a margin of 8 to 1, the police aren't required to know what the law says when making a stop or arrest. They simply have to claim that they believed something was illegal, and didn't know otherwise.

http://www.supremecourt.gov/opinions/14pdf/13-604_ec8f.pdf

Held: Because Darisse’s mistake of law was reasonable, there was reasonable suspicion justifying the stop under the Fourth Amendment.

Pp. 4–13.
(a)The Fourth Amendment requires government officials to actreasonably, not perfectly, and gives those officials “fair leeway for enforcing the law,”
Brinegar v. United States, 338 U. S. 160, 176. Searches and seizures based on mistakes of fact may be reasonable. See, e.g., Illinois v. Rodriguez, 497 U. S. 177, 183–186. The limiting factor is that “the mistakes mustbe those of reasonable men.” Brinegar, supra, at 176. Mistakes of law are no less compatible with the concept of reasonable suspicion, which arises from an understanding of both the facts and the relevant law. Whether an officer is reasonably mistaken about the one or the other, the result is the same: the facts are outside the scope of the law. And neither the Fourth Amendment’s text nor this Court’s precedents offer any reason why that result should not be acceptable when reached by a reasonable mistake of law.