1. Click here to enter the drawing for your chance to win an Ontario Knives Spec Plus SP8 Machete Survival Knife & Ka-Bar Dozier Folding Hunter, , Bladeforums.com swag or memberships!

    Be sure to read the rules before entering, then help us decide next week's giveaway by hitting the poll in that thread! Entries close at midnight, Saturday Sept 7!

    Once the entries close, we'll live stream the drawing on Sunday, Sept 8 at 5PM Eastern. Tune in to our YouTube channel TheRealBladeForums for a chance to win bonus prizes!

    Questions? Comments? Post in the discussion thread here

Can I legally carry a screw driver on me?

Discussion in 'Knife Laws' started by twoblink, Dec 8, 2004.

  1. twoblink

    twoblink

    30
    Apr 26, 2001
    Sorry, have no idea where to ask, so I figured the blades forum might provide answers.

    Does anybody know, what the state law is for California and Nevada about ccw'ing a screw driver?

    Is a screw driver considered a "knife"? Are there size/length restrictions? Which department would have juristiction over this?

    Thanks!
     
  2. fuji1

    fuji1

    168
    Aug 27, 2003
    Wow, a great question. On your belt or in your pocket?

    Joe
     
  3. dsvirsky

    dsvirsky

    Aug 2, 1999
    In California, a concealed screwdriver can be considered to fit the definition of a concealed weapon.

    "As used in this section, a "dirk" or "dagger" means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death." Section 12020, CA Penal code
     
  4. HJK

    HJK Moderator Moderator Gold Member

    Jun 30, 1999
    In Canada, a screwdriver could be a weapon, but not a knife. A knife could be a weapon, but not necessarily.
    Based on that section, it looks like a screwdriver could be a knife - if your judge is a fool. So I guess the chances aren't bad ;)
    Actually, someone would have to know the caselaw in your jurisdiction to give a serious answer. But I'd be surprised if in California a screwdriver couldn't be considered a concealed or dangerous weapon, depending on circumstances and intent. It proibably doesn't have to be a "knife" to be proscribed.
    If you are carrying, you probably should have a "legitimate" reason. Screwing a screw rather than a person might be one.
     
  5. Nash The Slash

    Nash The Slash

    504
    May 25, 2001
    I've been told that concealing a large screwdriver may be considered possession of burglary tools if you happen to be in the wrong place at the wrong time.
     
  6. cmd

    cmd

    Feb 7, 2004
    Yes, you can. You can also be arrested for it. ;)
     
  7. twoblink

    twoblink

    30
    Apr 26, 2001
    So in LA, basically..

    You can't ccw a gun because they won't give you a ccw for it, because then you'd be able to protect yourself with it..

    You can't ccw a knife to protect yourself, because it's illegal..

    You can't ccw a screw driver to protect yourself because it's either a burglar tool, or a dirk..

    So basically.. Socialism doesn't allow anybody but the state and criminals to carry weapons..

    Gotcha.. :barf: :grumpy: :mad:
     
  8. Plumber576

    Plumber576

    744
    Jul 17, 2004
    Hey, it's California, what did you expect?
     
  9. dsvirsky

    dsvirsky

    Aug 2, 1999
    Actually, California's knife laws are better than most. You can carry any size folder concealed, just not a fixed blade.
     
  10. Merek

    Merek

    738
    Sep 24, 2004
    I have found I can carry any type of knife or contraband CONCEALED as long as I don't get caught. Until the point I get stupid or become victim of random circumstance I am a law abiding citizen. Really truely.
    If you are lucky, cool. If you are not lucky (or smart) the problem arises when you get caught with whatever you are carrying and the law says 'Bad!'.
    If you are prepared to accept the consequences and not whine about how unfair it is, have at it. Just be prepared for the echo.
    It is all a matter of situational awareness.
     
  11. Hesparus

    Hesparus

    Oct 31, 2004
    I think that to say socialism is responsible for the bizzare weapon laws in california is improper. Vermont is the most socialist state in the country, and it has THE MOST relaxed weapon laws in the country and, I daresay, most of the world. You don't need a license to own or carry a gun (Class III I believe you do) and there is no blade length specified for concealed knives. In fact, most of the states up here in the evil liberal northeast have pretty good knife and gun laws with just a couple exceptions. So it's not a function of socialism but rather a function of california being kinda wierd in general. Don't forget about Kansas and Nebraska, which are known for being on the conservative side, don't let anyone carry guns at all and they both have kinda screwy knife laws, too. It's easy for people to hate california, but california isn't the worst.

    - Chris


    edit: and why carry a screwdriver for self defense anyway? Does california allow pepper spray (that's not rhetorical, I honestly don't know)? There are much better weapons that you can carry legally in california than a screwdriver.
     
  12. Dysentery Bob

    Dysentery Bob BOUNCED EMAIL: I need to update my email address in my profile!

    166
    Jan 29, 2004
    TITLE 16 CRIMES AND OFFENSES\CHAPTER 7 DAMAGE TO AND INTRUSION UPON PROPERTY\Article 2 Criminal Trespass and Damage to Property\Part 1 General Provisions\§ 16-7-20. Possession of tools for the commission of crime

    § 16-7-20. Possession of tools for the commission of crime
    (a) A person commits the offense of possession of tools for the commission of crime when he has in his possession any tool, explosive, or other device commonly used in the commission of burglary, theft, or other crime with the intent to make use thereof in the commission of a crime.
    (b) A person convicted of the offense of possession of tools for the commission of crime shall be punished by imprisonment for not less than one nor more than five years.

    If your at the wrong place and time.....
     
  13. braddy

    braddy

    562
    Nov 30, 2003
    Just don't let Bernard Goetz see it.
     
  14. jggonzalez

    jggonzalez

    196
    May 4, 2003
    That's why I moved to Texas!
     
  15. grolaw

    grolaw

    32
    Nov 8, 2004
    Without knowing where you might want to “carry” and looking up the relevant city ordinances I can say generally that it depends. If you plan to carry a cabinetmaker's oval-handled screwdriver in a quick-release harness concealed up your sleeve, the answer is NO. If you are wearing a tool belt and working with the screwdriver then the answer is yes. South Pasadena has put its municipal code on the web at:

    http://www.codemanage.com/southpasadena/ Ord. No. 1214, § 1; Ord. No. 1983, § 48 (part) says: No person, except a peace officer, shall carry upon his person in plain view any snap-blade or spring-blade knife regardless of the length of the blade, or any knife with a blade three inches or more in length.
     
  16. Alvin Hom

    Alvin Hom

    171
    May 6, 2004
    dsvirsky's right on this one. Any size folder. So if you wanted to carry a folder with a 12"+ blade you could. Not very practical though, I'd imagine.
     
  17. Planterz

    Planterz Gold Member Gold Member

    Mar 26, 2004
    Wow, and I thought Arizona was a free state. I think the only area that VT beats AZ is no permit required to CCW a handgun. AZ has no limit on switchblades, but fixed blades aren't concealable without CCW. Both are the top 2 it looks like though. Oregon would be a close third. I guess in the end it depends on which weather you prefer. :cool:
     
  18. Hesparus

    Hesparus

    Oct 31, 2004
    Sorry to hijack the thread, but New Hampshire's excellent, too. We can't carry switchblades or daggers, but we can carry balisongs, there's no specified blade limit for fixed blades (no case law, either) and anyone with $10 and no felonies can get a concealed handgun lisence. New Hampshire is the easiest state (with the exception of the states that don't require a carry lisence) to carry a handgun in. Incadently, New Hampshire also has the lowest level of gun violence in the country. North Dakota is second, but their laws are a little more strict.

    - Chris
     
  19. stevekt

    stevekt

    Dec 10, 2003
    California has very good knife laws. As mentioned earlier any blade length folder with the exception of balisongs and 2"+ automatics can be carried either open or concealed. You can carry a fixed blade but it must be open carry.

    Personally I don't see what the big deal is on restricting balisongs and autos. A knife with a thumbstud can be deployed faster than a bali and probably just as fast as an auto.
     
  20. Hesparus

    Hesparus

    Oct 31, 2004
    Yeah, I have no problem with the restrictions on autos or balisongs, either. I don't like it, but balisongs and autos are basically just toys, anyway. The only reason I'd ever carry a balisong is if I wanted to impress someone ;)
    But seriously, the laws that I have the problem with are the fixed blade laws. A spyderco is just a hair slower than a fixed blade. Fixed blades are more useful, and I can't make folders :mad:
    There's something about carrying a blade that you've made yourself that makes you feel like a man.

    - Chris
     

Share This Page