Transporting a sword in California, more specifically the Bay Area.

[TantoXII]

In California I understand I need to transport my firearm in the trunk, lock, and unloaded. Which makes it pretty much useless during transport, if a life threatening encounter were to occur.

I own a Cold Steel 2 Handed Katana Machete and a Cold Steel Magnum Tanto XII of which I plan to place one right by driver’s side door for quick and easy access upon exiting the car in a life threatening encounter (God forbid). Is this legal?

 

[killgar]

I can tell you that is is perfectly legal under California STATE law to carry those knives in your car in that manner. But I don't know about your specific local laws (city, county). That being said, I would be very surprised if carrying such knives in your car would be illegal. In some locales in CA it would deffinitely be illegal to carry such knives on your person, but carrying them on your person and carrying in your car can be two very different things.

Hopefully someone with specific knowledge of Bay area laws can provide greater insight.

Also, whatever you chose to do, if police ever see the knives and ask you about them, whatever you do, don't tell them that they are weapons or for self-defense as refering to ones knives as "weapons" might cause legal problems. Just say that they are for camping, or trips into the mountains, or whatever else you might use knives for.

 

[TantoXII]

Thank you for your input, Killgar. I also called the police station after posting this inquiry and they said I can only transport in the trunk of my car and out of reach. However, I understand that many police officers are not very knowledgeable of such laws either and just tell you what would be most convenient to them.

 

[TOM1960]

In California I understand I need to transport my firearm in the trunk, lock, and unloaded. Which makes it pretty much useless during transport, if a life threatening encounter were to occur.

I own a Cold Steel 2 Handed Katana Machete and a Cold Steel Magnum Tanto XII of which I plan to place one right by driver’s side door for quick and easy access upon exiting the car in a life threatening encounter (God forbid). Is this legal?

I am also a die-hard Cold Steel fan and own a number of their products. My EDC is a 4" Voyager, but I keep a CS "Special Forces Shovel" in the driver's side door pocket of my Toyota Tacoma (fits perfectly!). This serves two purposes: emergency self-defense plus a handy tool in case my truck gets stuck. In fact, I used it last winter to shovel out a female co-worker whose car was stuck in the snow in the company parking lot. Nothing really to explain to police in a traffic stop, because the SFS is a tool. The fact that it can be used as a devastating close-range weapon is a non-issue, because as far as I know, no jurisdiction has banned the possession/carrying of shovels. They only cost $20 and are well worth it. You may wish to consider this if you are worried about what to say to cops during a traffic stop. Cops will likely give you a lot of grief for the large knife/machete being readily accessible in the vehicle, but they never will for having the shovel.

 

[richard thurman]

Thank you for your input, Killgar. I also called the police station after posting this inquiry and they said I can only transport in the trunk of my car and out of reach. However, I understand that many police officers are not very knowledgeable of such laws either and just tell you what would be most convenient to them.

does you city have a DA office?? if so then I would recommend that you go down there and ask them what does your city and state law says.

 

[killgar]

I did some online research into San Fransiscos municipal codes (I assume by "the Bay area" that you mean SF). While I found a few specific knife laws for SF, none of those laws mentioned carrying knives in ones vehicle. And unless the law specifically forbids doing something, then it isn't illegal.

What they did say is- It is illegal to "loiter", or get into a fight, while carrying conceald any knife with a blade 3 inches or longer. And while "loiter" is a rather loose term, the law specifically provides an exception for people carrying a knife for normal use as a tool.

It is illegal to sell, transfer, or otherwise give a knife to a minor. There are exceptions to this, like a parent taking their child camping or giving a child a knife for use with food.

Switchblades are illegal. And since they didn't specify the size of the blade, I will assume that all switchblades are illegal. As opposed to CA state law that permits the carrying of a switchblade with a blade under 2 inches.

Personally, after what I've read (and didn't read) I wouldn't be at all concerned about carrying knives in the drivers compartment of a car.

And I wouldn't ask any law enforcement personnel (cops, DA's) about such matters, after all, people working in such professions tend to have a strong prejudice against people carrying knives in any manner. Like you suggest, they could easily just tell you what they want you to think and do. No offense meant to people in those professions, I just think that's the way it tends to be.

But as always, when in doubt, consult a local defense attorney.

 

[TantoXII]

Thank you, Tom1960, Richard, and Killgar for all your input. All very good advice indeed!

 

[Nutty Knife Nut]

what I do is put my machete in a big 28 inch Stanley Fat Max tool box along with my other tools in the back seat of my truck.

 

[fast14riot]

My understanding is there is no legislative deffinition of a sword in california, so it becomes just a fixed blade knife. No max size limit in california, but cannot carry a fixed blade of any length concealed on your person. I would refrain from asking specifically about a sword an just stick to "fixed blade knife."


-X

 

[Allison Wunderland]

I know, no jurisdiction has banned the possession/carrying of shovels. They only cost $20 and are well worth it. You may wish to consider this if you are worried about what to say to cops during a traffic stop. Cops will likely give you a lot of grief for the large knife/machete being readily accessible in the vehicle, but they never will for having the shovel.

Yeah, maybe . . .

We could give the same line of legal construction for baseball bats and camp axes (NOT Zombie axes). If you're carrying the item in a manner consistent with access for use as a weapon of defense, the item will be viewed legally as a defensive weapon. Same, same for wrenches, hammers, sections of pipe, bar stock, tent stakes, pool cues, Mag Light flashlights, etc.

What this pretty much boils down to, in terms of encounters with the constabulary, is whether or not you appear to be an aggressive jerk. If you appear to be out camping or on your way to a baseball game, pool tournament, construction site, then what you possess within reach in your vehicle is likely to be regarded as "tools" or "sporting goods." If you give the impression that you're armed with "intent" to use the item as a weapon, you're going to be viewed as a threat, and your implement of choice is going to be seen as a weapon.

California laws are likely more specific than here in Oregon / Washington, but police are given a fair amount of latitude with regard to constructing "probable cause that the detainee is armed."

Don't give them a reason to detain you.

 

[Clang!]

What this pretty much boils down to, in terms of encounters with the constabulary, is whether or not you appear to be an aggressive jerk. If you appear to be out camping or on your way to a baseball game, pool tournament, construction site, then what you possess within reach in your vehicle is likely to be regarded as "tools" or "sporting goods." If you give the impression that you're armed with "intent" to use the item as a weapon, you're going to be viewed as a threat, and your implement of choice is going to be seen as a weapon.

California has a "Reasonable Suspicion" clause that can be used against you in the situation you described. Carrying the cutlery as you described

"Cold Steel 2 Handed Katana Machete and a Cold Steel Magnum Tanto XII of which I plan to place one right by driver’s side door for quick and easy access upon exiting the car"

indicate that they are being carried as weapons. That is enough to raise "reasonable suspician" that you will be engaging in a criminal action. You may not be arrested, but you can expect to be detained, questioned about the knives, and have your car searched. As Allison Wunderland noted, your attitude plays a large part in the outcome.