California fixed blade belt carry question.

M

MountainLyon

Joined
Jun 11, 2005
Messages
25
Hello, I’m a hunter, fisherman, and hiker in Northern CA and I have a question about the legality of carrying a fixed blade knife (between 4”-6”) on my belt with my shirt half covering it. I’m not planning to carry a fixed blade downtown, and I’m not too worried about the law out it the woods. I’m concerned about carrying while hiking in the park at night, out at the lake, ect. I did some reading at this site here http://www.equalccw.com/knifelaw.html#SECTION TWO and I’m not completely clear on the meaning of “worn openly suspended from the waist.” Does this mean my shirt has to be tucked in if I have a fixed blade knife on my belt or else I’m carrying an illegal dirk or dagger?
 
MountainLyon said:
I’m not completely clear on the meaning of “worn openly suspended from the waist.” Does this mean my shirt has to be tucked in if I have a fixed blade knife on my belt or else I’m carrying an illegal dirk or dagger?
Click to expand...


Could be, but if you are out hiking who is going to hassle you?

As noted in at the web site you mentioned, California Penal Code section 12020 makes it a crime to carry concealed on your person any “dirk or dagger,” and specifically states that “Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning of this section.”

I did some research once came across a case in which a mugger fleeing the crime had some kind of spike stuck inside the waist of his pants. The court found that this qualified as concealed. “The mere fact that some portion of the handle may have been visible makes it no less a concealed weapon. A defendant need not be totally successful in concealing a dirk to be guilty of violation of Penal Code section 12020.” (People v. Fuentes (1976) 64 Cal.App.3d 953)

If you want to be safe only carry fixed blades totally out in the open. Just my opinion, your mileage may vary.

Best regards,

Argyll
 
Argyll, one of the parks I hike at is quite popular and I walk down the street to get there, so I actually could get hassled while out hiking. Interesting court case you mentioned, it sounds like they could throw the book at me if they felt like it, that’s what I thought/was afraid of. I suppose I’ll tuck my shirt in if I’m going to wear a fixed blade on my belt. All the more reason to have nice looking knives with wood or stag handles and leather sheaths IMO, not evil looking black ones, or just carry a folder instead :^(. My friends already tell redneck jokes about me shooting guns in the house, now they can make jokes about my shirt being tucked in and a knife on my belt. ;^) Thanks for the help.
 
Mind you, it's all in the presentation.

If you appear to be looking for trouble, don't be surprised if you get hassled. Act benevolent, look benevolent. :)
 
A very good friend of mine just finished police academy. I am a knife nut so I have been driving him nuts with knife questions. Basically, you can carry anything anywhere as long as it is a folder. That does not include butterfly/balisong, gravity, switchblades, or double edges. As far as a concealed weapon, basically the police can use hundreds of laws to increase the charges against you if they think they need to.

If you are not looking for trouble and do not look like you are looking for trouble you will, in all likelyhood, be left alone. The only sure bet to avoid trouble is to carry a small folder that is difficult to open. Ie: swiss army knife. ANything else can be made to seem like a weapon of mass destruction if you get into the wrong situation with the wrong attorney on the other side.
 
I've asked myself and a deputy sheriff that lives across the street this very question many times. Living in California can be a real pain in the butt, what with all the laws they impose on us. The deputy sheriff is under the impression that as long as it isn't concealed ( your shirt covering it, IS concealed ) the blade length can be as long as you want. Of course if you walk down main street with a 13 inch Busse strap to your waist, you better expect to be hasseled by the local law. Bottom line, the local police can do pretty much as they feel they need to do to keep the peace. Unless you have the money and time to take them on, why bother. Get a nice size folder and stick it in your back pocket. As long as you know how to use it, it can be just as efffective as a fixed blade and I haven't heard of anyone getting their folder taken away by the local police.
 
Thanks for the responses guys. I agree that carrying a folder makes sense to avoid being hassled, at least most of the time. I am planning to upgrade my EDC folder from my old Spyderco delica.

I’ll wear a fixed blade completely in the open if I’m camping, or walking the dog in a park full of wild creatures in the dark. I don’t really look like a troublemaker, and I don’t make trouble, so hopefully I can stay away from trouble.

A good tough fixed blade sure is a versatile tool that I often wish I had with me, but seldom do. Like yesterday for example, out walking I saw a couple puncture vines, (they pop bike tires and get stuck in dog’s feet.) They were too big to pull, but a tough tool steel tanto or other broad tip blade would have been perfect for popping them out at ground level… Anyways, thanks for the help.
 
You must log in or register to reply here.
Back
Top