Blade length limit only applies WHILE LOITERING

Latebound

Latebound

Joined
Jun 20, 2001
Messages
33
What gives? Is loitering a provision of many laws nationwide, or is it a local thing here in the bay area?

I don't know a single one of my LEO friends who know the knife laws for my area in more than a very general way. Don't worry. . . They're learning. I can hardly blame them for being a little confused, considering how convoluted some of the laws in my area are. But hey, if the LEOs don't know the law, how is the average person supposed to know them?!

An example: In San Francisco it is illegal to carry a knife with a blade longer than 3 inches IF YOU ARE LOITERING. If your not loitering, then length is not an issue (autos excepted). In San Mateo county carrying a knife of ANY length is prohibited WHILE LOITERING OR RIOTING.

The LEOs from SF usually know the 3" part (one of them told me it was a 3 1/4" limit, one wasn't sure), but not a single one has known that the law only applies while loitering.

BTW: If your interested the SF law is "SEC. 1291. PROHIBITING LOITERING WHILE CARRYING CONCEALED WEAPONS". . . it can be found at this link: http://www.amlegal.com/sanfranpolic...cument-frame.htm&q=length&x=Simple&2.0#LPHit1

-Latebound
 
(b) It shall be unlawful for any person, while carrying concealed upon his person any dangerous or deadly weapon, to loaf or loiter upon any public street, sidewalk, or alley, or to wander about from place to place, with no lawful business thereby to perform, or to hide, lurk, loiter upon or about the premises of another.
Click to expand...

If the knife is over 3" and not concealed you may still loiter :)

My take on this horribly written law is this: most LEO's have never heard of it, most citizens have never heard of it, hell, most judges and lawyers have never heard of it. Because of the confusing way it's written, a LEO could charge you with it if he wanted to, but most likely you would get off in court, esp. if he didn't write you up for loitering too. Besides, it's only an infraction, like a speeding ticket.

Now Oakland and Berkeley have flat 3" limit laws (even on your own property :eek: better not own any kitchen knives) and you'd have a hard time weaseling out of it if they got you on that one.
 
This is an "anti-gang law." I disagree with them, as good police work following established laws should be able to deal with gangs without these and similar crutches.
 
Perhaps it is an anti-homeless law also?

The question still remains. . . is this kind of thing common in other places or just the San Francisco area?

-Latebound
 
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