California legal folding sword!

Londinium Armoury said:
I was thinking something about 4 times bigger than the espada XL, like something about 40 inches total opened length, it would be ridiculous, but that's why it would be cool.
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Exactly!!!
Dog bless the ridiculous!!!
36" closed could easily house a full sized katana, ala Zatoichi, but the sword would not be hidden in a shirasaya.
Imagine someone attacking an 80 year old Asian grandma and she pulled a katana from her cane an lopped off the a**hole's head! hahahha
She'd never even be prosecuted!

Now, nap time, thanks for the discussion, back later.
Good night...
 
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Beelzebubba said:
Exactly!!!
Dog bless the ridiculous!!!
36" closed could easily house a full sized katana, ala Zatoichi, but the sword would not be hidden in a shirasaya.
Imagine someone attacking an 80 year old Asian grandma and she pulled a katana from her cane an lopped off the a**hole's head! hahahha
She'd never even be prosecuted!

Now, nap time, thanks for the discussion, back later.
Good night...
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Thanks for the laugh, good night haha.
 
Beelzebubba said:
A cop with a personal problem can certainly make one's life difficult, (but... at least I'm white), but I'd give him no due cause for grief (we're on the same side, brother) beyond pointing out the relevant statute.
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Lol doesn't have to have a personal problem, they might just not like you walking down the street with a sword. And if you think explaining the law is going to somehow make a police officer say "oh, you're right, please continue on your way with your sword" then I think you haven't had a lot of local interaction with big city cops.
 
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I appreciate the enthusiasm displayed by the OP. It sounds like a fun idea. That aside i have to agree with the other posters here who are a bit dubious about the purported legality of the idea. California is one of the more absurdly hoplophobic states in the union and no way would I trust my freedom to the tender mercies of the legal system especially the California legal system...and for what? The reality is that were you to ever actually use the thing for heaven knows what you would be in a world of hurt.
 
Beelzebubba said:
I haven't learned to do that yet.
Picture a large "straight" navaja, pivot down with a short extension on the 'picklock' for ground contact, and a handle on the other end, a ball or some sort of pistol grip like a shillelagh.
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Thank you. Clear as mud. lol
 
Beelzebubba said:
Yes, I realize that it can be a hassle defending one's rights, but daddy didn't raise someone to just shed those rights for 'comfort'.
If we all did that, no one would have any rights!
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If you're willing to risk being arrested, going to jail (even if only for a few days), and losing a lot of money, in order to fight for your right to carry a "cane knife", then more power to you.

When you say "comfort", I can only assume that you've never been to jail, or had a weapons conviction. Jail is far more than uncomfortable, particularly if you are elderly (and they most certainly do lock up the elderly). And a weapons conviction, even a misdemeanor, will cost you your right to possess firearms (not sure if that matters to you). That's more than just a "hassle".

I'm all in favor of standing up for ones rights, but personally, as someone who's spent time in jail, I prefer the "comforts" of living in the "free world" more than I would value the right to walk around with a "cane knife". There are things I'd be willing to risk jail over, but that ain't one of them. But again, if that's the hill you want to charge up, I wish you the best of luck.

Beelzebubba said:
A 'shobi-zue' is specifically defined in the penal code. Point is?
If the definition doesn't define the item in question, all things being equal, there is no case.

http://leginfo.legislature.ca.gov/f...onNum=17160.&highlight=true&keyword=shobi-zue
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You're making the same mistake I referenced in my first post- you're assuming that YOUR interpretation of what the law says is the one that will apply in court. An item like what you've described- a cane, rod, or stick with a folding blade in it sounds dangerously close to both the definition of a "cane sword" and a "shobi-zue". Close enough for a prosecutor to try and make the case.

You're also making the mistake of assuming that penal code statutes are carved in stone, never to be stretched or reinterpreted. Like I said before, prosecutors are always challenging the meaning and definitions of the statutes. Sometimes they stretch them pretty far, and sometimes judges, and higher courts let them. And sometimes they succeed.

Example- The California appeals court recently decided, in People v Hester (you can Google it), that box cutters are not knives. And that, unlike a folding knife, if you carry a box cutter concealed, even with the blade closed/retracted, you can still be arrested, charged with "carrying a concealed dirk/dagger", convicted of the charge, and that conviction can be upheld (that's what happened to Mr. Hester). That's how ridiculous judges and prosecutors can be when it comes to reinterpreting the law and it's definitions.

Beelzebubba said:
My lawyer would talk to the DA and it would be dropped before any trial.
Judges don't like to have their time wasted!
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I think you have a very optimistic perception of how the criminal justice system works. A guy walking around with a cane that has a knife blade in it sounds somewhat suspicious. I think that would peak the interests of the DA and whatever judge gets the case. After all, it's not the sort of thing a person would use to cut up an apple or a piece of string.

Just to give you another example of how the system DOES work, and how judges are willing to waste their time, the case of People of California v David V. (you can Google it).

David was arrested and charged with possession of "metal knuckles", which are illegal in California. He wasn't carrying what most people would think of when they think "metal knuckles", like the classic brass knuckles, he was carrying an ordinary bicycle pedal. The judge let the case go to trial (I guess he had time to waste), and David was convicted. David appealed his conviction, but the appeals court UPHELD his conviction (more judges willing to waste their time). Eventually, after a long fight, his conviction was overturned by a higher court.

Although David finally prevailed in the end, I'm sure it cost a lot of money.

Beelzebubba said:
I can't help but to agree with you, and I would run it by my lawyer friend and take his wise advice.
But I am old enough not to fear possible results of my being legal, as defined by law!
They wouldn't throw me in jail anyway. Not these days. No record worth mentioning, etc...
All (?) case law seems to be decided by someone with the cojones to do what they think is right and legal and standing up for their (all of our) rights!
Without being too humble, isn't that what made America, America?
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You may very well be right, they might not throw you in jail, but they can still hit you with thousands of dollars in fines and court costs. If they give you probation, you have to pay for that to. And while on probation you would be prohibited from possessing any knives your probation officer doesn't approve of (as well as any firearms). That's some heavy price to pay for a "cane knife".

If you're willing to risk all of that because you believe it's your right as an American to have a cane with a blade in it, I can totally respect that. Although I don't see the practical purpose of such an item, that's just my opinion. Other people might not see the practicality of the stuff I carry. I don't see anything wrong with carrying around a "cane knife", and I don't see it as a threat to the public, so I think you SHOULD have the right to posses and carry such a thing. So again, more power to you.

In any event, I'm not trying to convince you of anything, nor am I looking to argue with you. Im just wasting time on the internet. :).
 
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Here ya go, Sport. Cold Steel should call it the "Bad Idea" folding Cane.
Please be sure to keep us updated on your legal battles, when they give you internet privileges from jail.

Ob1wUGQ.jpg
 
r8shell said:
Here ya go, Sport. Cold Steel should call it the "Bad Idea" folding Cane.
Please be sure to keep us updated on your legal battles, when they give you internet privileges from jail.

Ob1wUGQ.jpg
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Nice interpretation, I like the American tanto style here. I'm not sure if CS can use the name bad idea, CPK has that locked up for a few of their special models... I think if I fashion it in African Blackwood and damascus, it will be too elegant to be seen as a weapon.
 
Richard338 said:
Nice interpretation, I like the American tanto style here. I'm not sure if CS can use the name bad idea, CPK has that locked up for a few of their special models... I think if I fashion it in African Blackwood and damascus, it will be too elegant to be seen as a weapon.
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According to the OP, it has to be seen as a weapon to be legal. Otherwise it's concealed or something.

I didn't know the Bad Idea name was taken. I was thinking of an old SNL skit: Bad Idea Jeans.
 
Beelzebubba said:
Nevertheless, if the item is not defined in the statutes, especially if you can reference the statute to the cop before you, and you were doing nothing else illegal, it seems that he'd have no choice but to let you go.
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You know what cops love? Criminals reading statutes as they tell the cops they don't know the law while being arrested.

Terrible idea. Your logic is so deeply flawed I won't be addressing it further. Good day 👍
 
Maybe I missed the answer to this, but why do you want to walk around with a folding sword? What's the point?
 
unwisefool said:
Is that a wave opening feature? You are about to be sued by Emerson knives for eleventy million dollars.
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🤔
I actually was thinking more like the extended tang on friction folders, like a Higonokami. He'd have to be able to carry the cane in his pants, to work as a pocket wave opener.
 
r8shell said:
🤔
I actually was thinking more like the extended tang on friction folders, like a Higonokami. He'd have to be able to carry the cane in his pants, to work as a pocket wave opener.
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Yeah I thought pants carry was the in thing now. People would walk up to you and say "is that a faux sword cane in your pants or are you just happy to see me?" And then you whip it out to show off and get arrested for brandishing a weapon in public. And then everyone clapped.
 
Since sword canes are illegal in California, the first thing I’d consider to tweak the idea is not call it a sword cane.

Maybe you could get an Atropos Balisword, it has like a 10” blade

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