Legal Question in Constitutional Law in California

What is the law regarding carrying a (not concealed) sword in public?

Are there any way


Asked on 6/01/10, 9:01 am

1 Answer from Attorneys

Joshua Hale Hale Law Group

There are other laws on point as well, including local ordinances. More or less if you think it could hurt someone by drawing blood, you may be better off to leave it at home.

PC12020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:

(1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses...any ballistic knife...any nunchaku...any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken [ed: "throwing star"]...any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag. [Ed. Note: this is the paragraph covering "what you cannot own at all" - some of it is downright weird. Plastic/ceramic knives that can go through a metal detector are also banned somewhere in PC12020.]

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(4) Carries concealed upon his or her person any dirk or dagger.

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(24) 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. A nonlocking folding knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. [Ed. note: so if it's a PC653k-legal knife, and it's carried concealed while folded, it's not "readily available" and therefore doesn't meet the "dirk or dagger definition". ONLY "dirks or daggers" need to be open-carry.]

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25(d) Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning of this section.

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Answered on 6/14/10, 2:34 pm


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