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Current State: CA
Current County: Solano

I had a legal question; I'm not looking for answers that say duh, I'm looking for actual answers because this is an actual question. Due to "many" car and gang related thefts in my city, I typically carry knifes within an arms reach of the drivers seat of my car.

Questions are as follows
1)(I am betting yes on this, but...) Is this illegal?
2)Is this a misdemeanor charge?
3)If 2 is yes, Is it just a simple ticket?

2006-10-16 16:41:31 · 2 answers · asked by D 4 in Politics & Government Law & Ethics

I would just like to add that if what I asked is illegal, I find it strange because the police will not always be there to protect me.

2006-10-16 16:50:13 · update #1

2 answers

Only a concealed knife is a crime.
As long as the knife is in plain view it is not concealed. Secured within a sheath is considered to not be concealed. There may be a local ordinance that prohibits you from carrying a knife in certain areas, but CA law allows you to carry a knife in plain view as long as you are not threatening anyone with it. (I would not recommend carrying a knife around with you however). If you are ever stopped by police, you must tell them about your knife. I would tell them that you are transporting a knife to another location and leave it at that.

For a concealed weapon or possession of an illegal weapon (shuriken or sword cane), the punishment is imprisonment in a county jail for not more than 1 year.

Keep in mind that use of your knife is a different story. You are not permitted to use your knife on someone who is attempting to steal your car, unless they have a weapon with them. Use of force that can cause serious bodily injury or death is never justified in the defense of property. You may use reasonable force to defend or retake your property. If your person is threatened (which may be the case if you are getting jacked). You may use reasonable force in your defense. Use of a knife will most likely only be considered to be reasonable if you can prove that you were in danger or reasonably believe you were in danger of serious bodily injury or death.

If someone comes up to you and says, "Give me all your money" and they are not carrying a weapon, you may not stab them. If they say "I have a gun and will shoot you if you do not give me your money" and they proceed to come at you, you may be able to claim self-defense if you can show that it was reasonable and you believed that they carried a gun/weapon and were going to use it.

I carry a wooden cane. a cane and a staff are the only two martial arts weapons that are legal to carry with you anyware. Sharpened staves and canes are not legal.

2006-10-16 17:40:29 · answer #1 · answered by Discipulo legis, quis cogitat? 6 · 0 1

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2016-12-04 22:06:56 · answer #2 · answered by leacock 4 · 0 0

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