California Backpack Carry?

RogueBowie

RogueBowie

Joined
Nov 16, 2011
Messages
2,603
Hey guys so I tried some searches both here and on google and couldn't find any satisfactory answers so maybe some of you educated folks can help me out.

I have been putting together an EDC bag that will mostly sit in the car but will occasionally come out with me depending on what I'm doing. I would LIKE to keep my ESEE-4 in the bag. I know that here in Cali if it's a fixed blade you are supposed to open carry it if you are carrying it on your person.

So does it still count as concealed carrying the blade if it's in my pack?

Please, anyone that is about to type 'Search google' or anything resembling that save your breath. I did try some searches, if it seems difficult to get a clear answer through search engines I don't feel it should be an issue to ask a knife question on a knife forum in which I pay to be a member. Thank you in advance for any answers.
 
It would be difficult to get a clear answer on this from a cop or lawyer, let alone google. The law itself simply does not contain language that addresses this clearly.

As a general rule, a police officer is concerned with the knife being readily accessible. Can you pull it out suddenly in a hurry to commit an act of violence? Or would you have to dig through it carefully to find it? I would also point out that a cop who is actively digging through your bag already has a reason to be pissed at you, and very often such officers will use the tiniest thing as an "excuse" even if technically speaking it would not hold up in court. There is a school of thought that what "Johnny Law don't know won't hurt him" and if he does finds it, the item isn't the problem but rather what you did to make him look in there in the first place. Never consent to a search of your car if asked; it is your right unless you are actively under arrest.
 
For what it's worth, CA penal code 21310 specifically states that it's illegal to conceal "upon the person any dirk or dagger" (which basically means a fixed-blade). You can read it here- http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=3683084129+0+0+0&WAISaction=retrieve I'm not sure if a prosecuter would try to claim that carrying it in a bag is the same as "upon the person", I think it would be a stretch.

I know a guy who was stopped by a cop. He had a large fixed-blade in his backpack. The cop searched the backpack, found the knife, and threatened to confiscate the knife claming it was illegal. My friend then explained to the cop that it was not illegal, and then he retrieved a print-out of Californias knife laws to show the cop. The cop didn't bother to read it and said "OK, OK". My friend was allowed to go on his way, with his knife. I imagine that if it was illegal to carry a fixed-blade in a backpack that the cop would have arrested the guy. Of course, not all cops are the same and your experience my be different.

I for one would not be concerned about carrying a fixed-blade in a bag.
 
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if the cops don't have a search warrant they cannot dig through your bag, they can only legally have you open it and they look at what's in the bag but they can't stick their hands and dig through it. So as long as you have something covering the knife they can't see it in the bag.
 
Nutty Knife Nut said:
if the cops don't have a search warrant they cannot dig through your bag, they can only legally have you open it and they look at what's in the bag but they can't stick their hands and dig through it. So as long as you have something covering the knife they can't see it in the bag.
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My understanding is that cops don't need a search warrant to search a person or their bag on the street. All they need is "reasonable suspicion" that you might be a wanted criminal (like if you fit the description of someone who just robbed a liquor store in the area), or if they have a "reasonable suspicion" that you are engaged in criminal activity, you can be legally stopped and searched. Or if they are arresting you for some reason they will certainly search you and your property most thoroughly. "Reasonable suspicion" give the cops a lot of latitude.
 
killgar said:
My understanding is that cops don't need a search warrant to search a person or their bag on the street. All they need is "reasonable suspicion" that you might be a wanted criminal (like if you fit the description of someone who just robbed a liquor store in the area), or if they have a "reasonable suspicion" that you are engaged in criminal activity, you can be legally stopped and searched. Or if they are arresting you for some reason they will certainly search you and your property most thoroughly. "Reasonable suspicion" give the cops a lot of latitude.
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Yup. I've been searched for some BS reasons before. Printing out official looking information about Ca knife laws and keeping them in the bag is not a bad idea.
 
Many states outlaw carrying a "dirk," "dagger," or "bowie knife." But those are not just "any fixed-blade knife." Specifying the particular in a statute means things outside the specification are not covered. ("Expressio unius est exclusio alterius." See, it's Latin so it must be right.)
 
killgar said:
My understanding is that cops don't need a search warrant to search a person or their bag on the street. All they need is "reasonable suspicion" that you might be a wanted criminal (like if you fit the description of someone who just robbed a liquor store in the area), or if they have a "reasonable suspicion" that you are engaged in criminal activity, you can be legally stopped and searched. Or if they are arresting you for some reason they will certainly search you and your property most thoroughly. "Reasonable suspicion" give the cops a lot of latitude.
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Right.
 
Thomas Linton said:
Many states outlaw carrying a "dirk," "dagger," or "bowie knife." But those are not just "any fixed-blade knife." Specifying the particular in a statute means things outside the specification are not covered. ("Expressio unius est exclusio alterius." See, it's Latin so it must be right.)
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California state law specifically defines a "dirk or dagger" as quote- "a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon...". CA law provides no other terms of description regarding the specific characteristics of dirks, daggers, or any other fixed-blade knives. ANY fixed-blade that can be used to stab a person falls under the above quoted description and would be considered by CA law to be a "dirk or dagger". Ice picks, screw-drivers, and open folding knives with the blade locked also fall under that definition if they are carried concealed.

I fixed the link in post #4
 
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RogueBowie said:
At least I don't live in the UK, then I couldn't even have a locking blade!
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Hey, you can have anything you want in the UK, as long as it isn't a Samurai sword.
Ok, for edc it has to be a sub 3" slippy, but if you have a reasonable excuse, ie. hunting, bushcraft etc. Then you can get away with just about anything.
Owning & carrying knives in the UK isn't as hard as most people across the pond make it out to be. When I go backpacking, or to the woods, I carry a locking SAK & a Rajah 2.
Firearm laws aren't too bad either, yes you need to have the correct license, but even though handguns have been "banned", you can still get them if you have a legal need for one. There are about 50,000 legally held handguns in the UK!
 
Philbo, there are probably well over 50,000 legally held handguns just in my county! Yes, I'm Stateside
 
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