Question on California Law

[sandsnow]

Ca penal code 12020 prohibits posession of sword canes. I can't find an exemption for antiques.

 

If someone had one of these in California, what would be the best course of action?

 

Any advice would be appreciated. Thank you

 

Penal Code Definition

15) As used in this section, a "cane sword" means a cane, swagger

stick, stick, staff, rod, pole, umbrella, or similar device, having

concealed within it a blade that may be used as a sword or stiletto.

 

[John A Stuart]

Larry, does that mean in public or at home as well? John

[intosight]

Larry,

Don't know how this would apply to bladed weapons, but with firearms, special dispensations are granted to licensed dealers and collectors.

I believe the law refers to having or possessing which would encompass your residence.

Might be worth it to consult an attorney.

David P

[sandsnow]

Hi john

At home and in public as far as buying and selling. Not for carrying in public.

[sandsnow]

Larry,

Don't know how this would apply to bladed weapons, but with firearms, special dispensations are granted to licensed dealers and collectors.

I believe the law refers to having or possessing which would encompass your residence.

Might be worth it to consult an attorney.

David P

 

I thought about contacting an attorney. I didn't want to spend the money. As a last resot I would do that. I was just wondering if anyone had any direct experience in this area.

[xxlotus8xx]

The law baffles me. Because you can got WalMart and buy ammunition for firearms no problem. God forbid you own a sword!

[Surfson]

I would assume that this refers to having it in public and accessible. As with guns, you can own them in California, but can't carry them, concealed or otherwise, without a carry license. I haven't read the California law, but since you can have a 33" katana in your home, I doubt that it would be illegal to own a sword cane. If you walk down Santa Monica blvd with one, then I suspect you would be breaking the law. The text you quoted only refers to the definition of a sword cane, not what the statute says about having one.

[Brian]

I would stick the blade into shirasaya or mount it..and keep the original fittings separate. Should be legal then..not being a sword cane anymore.

Then again, every forum on earth will usually tell you not to seek legal advice on the internet.

Post this in the General section of Glocktalk forums...they will know for sure. I suspect having this at home would be fine, but better to find out for sure.

It it were me, I would move out of the People's Republik of Kalifornia...but that's just me :D

 

Brian

[intosight]

This stuff can get really murky. Because of the concealment aspect to a cane sword it probably moves into a category different from straight up blades, similar to barrel length on shotguns or magazine capacity for a handgun.

 

I think it is always best to err on the side of caution in these areas.

 

I wonder if there are any online sites that might offer general legal advice?

 

David P

[bmlusk1911]

I'm not sure about the laws concerning swords, but I was assigned to California back in 2002 / 2003. The gun laws prevented me from bringing part of my collection with me, and Wal-Mart freaked out when I tried to buy 200 rounds of .45 ACP!

 

"Why do you need 200 rounds of ammunition?" "I want to go to the range for a day of shooting." "I'll sell it to you, but we'll escort you outside the store." "You realize without a firearm this is about as effective as pebbles, right?"

 

My experiences navigating the firearms laws of the State of California gave me the opinion of "err on the side of caution."

 

One option available to you is to call your county's "Code Enforcement," Sheriff's office, or public defender's office. Explain you need clarification of the law before you purchase an antique weapon. Record the name of the individual you talked to, the time you talked to them, and what was said in a safe place. Have them email you clarification if you can.

[intosight]

Oops,

 

Wish I had a chance to read your post, Brian, before I stuck my foot in my mouth. Ugh.

 

Have to agree about California. Great place to visit. David P

[sandsnow]

Hey everyone

 

Yes laws in CA are frickin' insane. Yeah I really wish I could get outta here.

 

I know legal advice on the internet is insane as well. I was looking for something like Joe Blow had the exact same sword and is now doing 10 to 20.

 

Un-mounting the sword seems to be the great way to go.

 

But.....

 

If it is put into shirasaya, then it looks an awful lot like what is in the photo, except for the fancy cherry wood bark.

 

I did a little research. Is the sword in the photo really a type of shikomizue?

 

Thanks

[Grey Doffin]

Hi Larry,

I don't think you have to worry about this unless you plan to take it for a walk. What are the odds that any legal authority will ever see it, and if for some strange reason one might get a look, he or she wouldn't know it is mounted as a cane; just tell them that it is a traditional mount on an antique Japanese sword.

Grey

[sandsnow]

Thanks for all the replies

[ububob]

Brain, please be gentle with us Kalifornians. One day we hope to be as enlightened as our comrades in SA.

[David Flynn]

South Australia?

[xxlotus8xx]

Brain, please be gentle with us Kalifornians. One day we hope to be as enlightened as our comrades in SA.

 

I agree. And actually I wouldn't want to live anywhere else! I lived in NYC for 5 years and Vienna Austria for 2 years and for whatever reason I always end up back in NorCal....

But ya. A lot of laws are stupid. And not just in Calif mind you.

[sanjuro]

Errrr David. You may find they mean South Africa. :D South Australia is not even on the maps produced in America and South Australians dont have brains.

 

The brain ububob refers to is actually Brian (A south African dude - not a cerebrum) I know its confusing but Ray is a Californian as is Bob after all, and you have to make allowances for our American brethren.

 

Righto chaps...... Do carry on

[ububob]

Keith, my good man, this is to be expected on an international forum with low admission standards. Now it's the ramblings of rude colonials, what next the erudite pontifications of convicts, their heirs and assigns? :D

[Brian]

 

 

Brian

[ububob]

Lighten up boss, we were discussing the vagueries of the California Penal Code, Part I Title 8 Section 12020(a)(1) wherein it is illegal to own or carry a sword cane. However,next door in our neighboring state of Arizona it is quite legal.

[David Flynn]

Aussie humour missed on an Aussie!

[sanjuro]

David and Bob.

 

I would reply but do fear the dreaded wagging finger and other negative smilies that lurk ever in the shadows ready to descend upon us for our transgressions........

All hail the wagging finger

[ububob]

Allow me to suggest that a vitriolic PM might work. :D