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Polaris
08-03-2006, 06:56 PM
Is it legal for minors in California to carry folding knives that would be legal for adults to carry(A legal knife under law)?

A friend of mine has been asking me and I couldn't find anything about it.
:confused:
Thanks

Dr. Snubnose
08-03-2006, 07:02 PM
I don't think it's legal to do anything in California...unless you have Diplomatic Status....:D Doc

smcfalls13
08-03-2006, 07:30 PM
As far as I know, most states prohibit the carry of "weapons" by persons under the age of 18. Depends on the definition of "weapon" in CA.

Considering the authoritarian regime currently in power in CA, I'd be willing to bet it's illegal to carry an otherwise legal knife if you're under 18.

Joe Talmadge
08-03-2006, 08:50 PM
In CA, there may be municipal laws that cover this. I could not find any mention of a restriciton on minors' carry of knives in the main part of the state penal code that deals with knives ... which could mean I was looking in the wrong section. Here it is if you want to see it yourself. 12020 is the code you want.

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=66007218962+1+0+0&WAISaction=retrieve

So, with the caveats that:
- I'm not a lawyer and only looked at the main state code (12020)
- Even if there's no mention in the state penal code, minors could be restricted by local laws

... there doesn't seem to be a restriction in the state law regarding minors.

Polaris
08-03-2006, 10:32 PM
In CA, there may be municipal laws that cover this. I could not find any mention of a restriciton on minors' carry of knives in the main part of the state penal code that deals with knives ... which could mean I was looking in the wrong section. Here it is if you want to see it yourself. 12020 is the code you want.

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=66007218962+1+0+0&WAISaction=retrieve

So, with the caveats that:
- I'm not a lawyer and only looked at the main state code (12020)
- Even if there's no mention in the state penal code, minors could be restricted by local laws

... there doesn't seem to be a restriction in the state law regarding minors.


Thanks for looking it up. I looked at the city municipal code and the county ordinance code...the city code didn't even mention knives of any sort, but the county set a restriction at 3". Neither had information regarding minors.

Joe Talmadge
08-03-2006, 11:39 PM
You found a 3" county limit? That's interesting, what county are you in?

Polaris
08-04-2006, 12:19 AM
You found a 3" county limit? That's interesting, what county are you in?

San Mateo County.

Here's the code, maybe it doesn't actually mean you can't carry it. I'm not too good with this stuff so if you could take a look and let me know that would be great.

Oh and anyone with more info on knife laws for minors please let me know. thanks.

btw sorry its so long.:o

For the purposes of this chapter, certain terms, phrases and words shall be construed as follows:
(a) “Switch-Blade Knives” shall include, but shall not necessarily be limited to the following: all spring-blade knives, switch blade knives, snap-blade knives, or other similar knives of which any blade thereof, regardless of length, is released automatically by a spring mechanism or other mechanical device, or is released by any type of mechanism whatsoever.
(b) “Dangerous Weapon” shall include, but shall not necessarily be limited to the following: any knife with a blade three inches (3”) or more in length, any ice pick, awl, dirk, dagger, stiletto, or similar sharp stabbing tool, any straight-edged razor, razor blade fitted to a handle, razor with an unguarded blade, or any cutting, stabbing or bludgeoning weapon or device intended to be used as a club or capable of inflicting grievous bodily harm.
(c) “Public Place” shall include but shall not necessarily be limited to the following: any public street, way, sidewalk, alley, public park, beach, recreational area, school, public building or place of public resort, any place where an athletic event, dance or other such gathering to which the public or a number thereof are admitted, and any place where alcoholic beverages are sold. (Prior code 3140; Ord. 1196, 12/11/56)

3.16.020 Sale or possession of switch-blade knives prohibited.
No person shall sell, offer for sale, expose for sale, keep, carry, possess, loan, transfer, or give to any other person any switch-blade knife. (Prior code 3141; Ord. 1196, 12/11/56)

3.16.030 Possession of dangerous weapons in public places prohibited.
It shall be unlawful for any person having in his possession or immediate physical control, whether the same be concealed or visible, any dangerous weapon, to loaf or loiter upon any public place, or to wander about from place to place with no lawful business thereby to perform, or to hide, lurk or loiter upon or about the premises of another. (Prior code 3142; Ord. 1196, 12/11/56)

3.16.040 Possession prohibited continued--Public disorders.
It shall be unlawful for any person having within his possession or immediate physical control, whether the same be concealed or visible, any dangerous weapon, to engage in any fight or to participate in any riot, uprising or other type of disorderly conduct upon the premises of another or upon any public place. (Prior code 3143; Ord. 1196, 12/11/56)

3.16.050 Exception.
The provisions of sections 3.16.030 and 3.16.040 shall not be deemed to prohibit the possession or control of ordinary tools or equipment carried in good faith for the purpose of honest work, trade or business, or for use in a legitimate sport or recreation.
Nothing in this chapter shall prohibit police officers, special police officers, peace officers, or other law enforcement officers from carrying any wooden club, baton, or any equipment authorized by the properly constituted authorities for the enforcement of law in San Mateo County. (Prior code 3144; Ord. 1196, 12/11/56)

The Deacon
08-04-2006, 04:43 AM
Just the general observation that more places restrict the purchase of / sale to minors than restrict possession by them. The logic of this, I believe, is the assumption that parents have the responsibility and the right to decide whether or not a minor has a knife.

The other general caveat is that MOST knife laws are (probably intentionally) worded vaguely enough to allow considerable room for interpetation by LEOs as to when an "ordinary pocket knife" crosses the line and becomes a "dangerous" or "deadly" weapon. A knife that may be perfectly acceptable in the pocket of a 15 year old wearing a letterman's sweater, shirt, and slacks and walking alone - may be less favorably looked upon if found in the pocket of the same kid dressed like a gang-banger, and in the company of other young people dressed in similar fashion.

SoCal Operator
08-04-2006, 01:57 PM
A knife that may be perfectly acceptable in the pocket of a 15 year old wearing a letterman's sweater, shirt, and slacks and walking alone - may be less favorably looked upon if found in the pocket of the same kid dressed like a gang-banger, and in the company of other young people dressed in similar fashion.
As usual, Deacon's got the idea. I live in a particulary image obsessed area of a particularly image obsessed state. Nine times out of ten I am judged by how I appear (messy hair+beard) and it's not any different from LEOs. Unless I am wearing my boy scout uniform at the time, I usually get suspicious looks when using a knife. Its sad, but it just takes a little extra planning before I leave. For example, if I plan to go rollin' in the hood with my homies late at night, I'll probably leave the Tasman at home.

smcfalls13
08-04-2006, 02:12 PM
For example, if I plan to go rollin' in the hood with my homies late at night, I'll probably leave the Tasman at home.

Word.

:cool:

Joe Talmadge
08-04-2006, 03:59 PM
San Mateo County.

Here's the code, maybe it doesn't actually mean you can't carry it. I'm not too good with this stuff so if you could take a look and let me know that would be great.


I'm not too good with this stuff either, but I pretend I do, and this being the internet & all ... :)

Seriously though, good catch. I am under the impression that not many municipalities have restrictions on carry (though a few definitely do), but many municipalities have a restriction against carrying if you are "loitering" or getting into fights. My interpretation of the statute you posted is that if you carry a knife, you can't loiter or fight ... but beyond that, there's no additional limitation on carry.