I had the opportunity today to do some brief research as to the meaning of "dirk or dagger" as defined in Penal Code section 12020. Penal Code section 12020 prohibits the concealed carry of a dirk or dagger.
Basically, it is a question of fact for the jury, which means that it's open for some interpretation. Recent case law establishes the following:
(1) Where a weapon has characteristics that limit its effectiveness as a stabbing instrument, the weapon will NOT de defined as a dirk or dagger.
(2) The weapon must be capable of "ready use." (Thus, a folding knife with a 3.5" or 4" blade was held not to be a dirk or dagger)
Case law held that a bread knife (because of its dull tip) is not a dirk or dagger because of a lack of stabbing capability.
Also, I would add that Mr. Caracci's Pendulum would likely not be defined as a dirk or dagger under the foregoing analysis.
One may even make the argument that a khukuri is not a dirk or dagger because it is designed for chopping, as opposed to stabbing.
Tomahawks seem to be OK, as they are not even defined under 12020, nor due they have stabbing capability (unless you're talking about one of the spike hawks, in which case you might get a real hard a$$ prosecutor who wants to define the hawk as a dirk or dagger, obviously stretching it quite a bit).
The crux of the argument seems to be whether or not it has immediate, "ready", stabbing capability. Some of the cases even defined very small, fixed blades (something less than 2") as dirks or daggers!
Moral of the story: Carry a folder in California, or a fixed blade such as the pendulum (or maybe even a small khukuri).
I sure hope this little editorial doesn't come back to bite me in the a$$.
Basically, it is a question of fact for the jury, which means that it's open for some interpretation. Recent case law establishes the following:
(1) Where a weapon has characteristics that limit its effectiveness as a stabbing instrument, the weapon will NOT de defined as a dirk or dagger.
(2) The weapon must be capable of "ready use." (Thus, a folding knife with a 3.5" or 4" blade was held not to be a dirk or dagger)
Case law held that a bread knife (because of its dull tip) is not a dirk or dagger because of a lack of stabbing capability.
Also, I would add that Mr. Caracci's Pendulum would likely not be defined as a dirk or dagger under the foregoing analysis.
One may even make the argument that a khukuri is not a dirk or dagger because it is designed for chopping, as opposed to stabbing.
Tomahawks seem to be OK, as they are not even defined under 12020, nor due they have stabbing capability (unless you're talking about one of the spike hawks, in which case you might get a real hard a$$ prosecutor who wants to define the hawk as a dirk or dagger, obviously stretching it quite a bit).
The crux of the argument seems to be whether or not it has immediate, "ready", stabbing capability. Some of the cases even defined very small, fixed blades (something less than 2") as dirks or daggers!
Moral of the story: Carry a folder in California, or a fixed blade such as the pendulum (or maybe even a small khukuri).
I sure hope this little editorial doesn't come back to bite me in the a$$.
