Is this legal in Bayarea California to carry out?

[Wing Woo Gar]

If the probability of him running into knife wielding attackers is higher than the probability of him running into a law enforcement officer for any reason at all... then the best course of action would be to move somewhere else. Fortunately, that does not describe many areas in the US.

Given that he is more likely to come across law enforcement with his illegal weapon, than to face knife wielding assailants... it is more probable that an officer will at some point notice the illegal weapon. His car could break down on the side of the road, and if the officer notices the illegal baton next to the console in his car when he stops to help out... thats possession of an illegal weapon.

I would be curious about how long the OP has lived where he currently does and how many times he has seen people assaulted with knives during that time. Also, how many times has he seen law enforcement in that same time period.

In my opinion, its an awful lot of risk to carry an illegal weapon, when there is very little chance that you would actually need to use it. Especially when there are plenty of legal options to choose from. The risk far out weighs the reward. Just carry something legal.

Like get a concealed carry permit and legally carry a pistol.

 

[Dirty Dog]

Like get a concealed carry permit and legally carry a pistol.

That sounds like a reasonable approach. Until you look into the laws related to concealed carry in California. The easiest way seems to be to move to another state.

 

[Wing Woo Gar]

That sounds like a reasonable approach. Until you look into the laws related to concealed carry in California. The easiest way seems to be to move to another state.

I have one. I also live in rural Northern California. It is far easier to get in shall issue counties.

 

[Dirty Dog]

I have one. I also live in rural Northern California. It is far easier to get in shall issue counties.

Sure, but my understanding is that those counties are a minority. And "Shall Issue" is a policy adopted by the agency issuing the permit in that county, and thus is subject to change at any minute. Not to mention the extra aggravation renewing a permit every year (ours are good for 5 years, and "Shall Issue" is mandated by state law).

 

[dvcochran]

You can always look for items that are designed to skirt the law. For example, brass knuckles are illegal here in Virginia. The statute includes any and all "metal knuckles." However, you can find knucks that are made of non-metal materials that are just as hard as metal, and they skirt the law here.

I'm sure you can find something similar to that baton that's legal in California by technicality.

That is terrible advise. The 'technicality' will be adamantly argued by both sides. If a law exist stating the baton is illegal to carry, I suspect you would have just screwed yourself.
Wrong tool for the job given the circumstances. Keep the right tools in your toolbox.

 

[Alan0354]

Oh come on he's over 70 I think.

Ha ha, don't make me older than I am!!! I am going to be 69 next April only!!!

It's only a discussion with my friend. I carry a cane and I practice cane fight. I don't need the expandable baton. I pick my cane any time of the day than the baton.

Look at my canes:

Does it look very innocent? No metal at all.

they are modified from this by cutting the sharp hook
UnitedCutlery.Com: Night Watchman Premium Adjustable Walking Cane - UC3129

It is made of fiber filled Nylon, very tough, 20oz after cutting to the right length. I do 2 hands swing like Katana. I don't need those batons. Just talking with a friend and he think it's legal. I don't think so. Where as the cane is legal everywhere, even on the plane and travel around the world.

To be honest, I never seen any knife wheeling thugs, I live in a safe area. The thing that got me started was because older Asians are being attacked lately.

 

[jks9199]

You can always look for items that are designed to skirt the law. For example, brass knuckles are illegal here in Virginia. The statute includes any and all "metal knuckles." However, you can find knucks that are made of non-metal materials that are just as hard as metal, and they skirt the law here.

No, they don't. I would strongly discourage trying that argument, because the laundry list of prohibited weapons in 18.2-308 ends with any "weapon of like kind..." and the courts most recently have looked to the intended use and design to settle the question of weather an item is of "like kind." Anything functionally similar enough to brass knuckles, to include weighted gloves, would likely be found in court to be of "like kind."

 

[Dirty Dog]

You can always look for items that are designed to skirt the law. For example, brass knuckles are illegal here in Virginia. The statute includes any and all "metal knuckles." However, you can find knucks that are made of non-metal materials that are just as hard as metal, and they skirt the law here.

I'm sure you can find something similar to that baton that's legal in California by technicality.

Good luck with that in court. Virginia is a "Shall Issue" state, so you'd be better off to just get a permit. Then you can carry brass knuckles, in addition to your gun.

 

[Alan0354]

No, they don't. I would strongly discourage trying that argument, because the laundry list of prohibited weapons in 18.2-308 ends with any "weapon of like kind..." and the courts most recently have looked to the intended use and design to settle the question of weather an item is of "like kind." Anything functionally similar enough to brass knuckles, to include weighted gloves, would likely be found in court to be of "like kind."

AND you usually defend and argue the legality AFTER you are arrested and in the count. Even if you come out ahead, it's already going through a lot of trouble.

 

[dvcochran]

No, they don't. I would strongly discourage trying that argument, because the laundry list of prohibited weapons in 18.2-308 ends with any "weapon of like kind..." and the courts most recently have looked to the intended use and design to settle the question of weather an item is of "like kind." Anything functionally similar enough to brass knuckles, to include weighted gloves, would likely be found in court to be of "like kind."

I do not know Virginia law specifically but in the heavy contract based work I do, being married to a lawyer, and being a former LEO, I have been in and around enough legal statute to understand they are always laced with multiple 'outs' and various interpretation. It can work against you as quickly as for you sometimes.

The brass knuckle post is a perfect example of a person thinking they have an out where one simply does not exist.

 

[Wing Woo Gar]

Sure, but my understanding is that those counties are a minority. And "Shall Issue" is a policy adopted by the agency issuing the permit in that county, and thus is subject to change at any minute. Not to mention the extra aggravation renewing a permit every year (ours are good for 5 years, and "Shall Issue" is mandated by state law).

I agree, every other year we have to renew. It is a slight pain but at least our sheriffs office is and has been pro carry. We have a large rural county with limited cell reception and response times of 1 hour are quite average for folks who don’t live in town. It’s almost a must have.

 

[jks9199]

Good luck with that in court. Virginia is a "Shall Issue" state, so you'd be better off to just get a permit. Then you can carry brass knuckles, in addition to your gun.

Probably not; the affirmative defense applies specifically to the clause regarding handguns. And 18.2-308.1 specifies "handgun." Nor is it listed as an exemption.

AND you usually defend and argue the legality AFTER you are arrested and in the count. Even if you come out ahead, it's already going through a lot of trouble.

And you could still "win" the aggravated assault acquital, but be found of carrying a concealed weapon...

 

[Wing Woo Gar]

Probably not; the affirmative defense applies specifically to the clause regarding handguns. And 18.2-308.1 specifies "handgun." Nor is it listed as an exemption.

And you could still "win" the aggravated assault acquital, but be found of carrying a concealed weapon...

Good point. I can carry my pistol with ccw but not even plastic knuckles are Ok to possess in California. I also must place my switchblade in the trunk of my car to transport it because while simple possession of a switchblade is legal, carrying it even in the passenger compartment is a wobbler felony.

 

[Dirty Dog]

Probably not; the affirmative defense applies specifically to the clause regarding handguns. And 18.2-308.1 specifies "handgun." Nor is it listed as an exemption.

Not a lawyer, but the little bit of google I did, it specifies having a concealed carry permit as an exception. Which makes sense (I know, laws don't have to make sense) because if I can carry a gun, who cares if I also carry knuckles?

 

[JowGaWolf]

Collapsible batons are not legal to buy, sell, or possess anywhere in California.

Somethings just don't make sense. When I look at the firearms that are legal and I see a collapsible baton that's illegal then I can't help to wonder about the logic of it all. I think the people who make the laws don't understand the difficulty in beating up someone with these items. States should really review some of there old and outdated laws.

 

[Alan0354]

Somethings just don't make sense. When I look at the firearms that are legal and I see a collapsible baton that's illegal then I can't help to wonder about the logic of it all. I think the people who make the laws don't understand the difficulty in beating up someone with these items. States should really review some of there old and outdated laws.

Politics. Who said it make sense. You don't get into half the trouble caught with a conceal gun.

 

[Bill Mattocks]

Somethings just don't make sense. When I look at the firearms that are legal and I see a collapsible baton that's illegal then I can't help to wonder about the logic of it all. I think the people who make the laws don't understand the difficulty in beating up someone with these items. States should really review some of there old and outdated laws.

I just point out what the law says.

 

[Bill Mattocks]

I've said during similar discussions before and I'll repeat it once again. If you depend upon the legal advice of strangers on the internet to tell you what weapons you can carry, ask them if they will also pay your legal fees and potentially fines, and if they'll serve your jail time for you. You want legal advice, pay an attorney.

Arguments of the "I'll take my chance in court" sort don't typically end well.

 

[Dirty Dog]

Somethings just don't make sense. When I look at the firearms that are legal and I see a collapsible baton that's illegal then I can't help to wonder about the logic of it all. I think the people who make the laws don't understand the difficulty in beating up someone with these items. States should really review some of there old and outdated laws.

Who lied and told you that the law is supposed to make sense?
In Colorado, you cannot buy a magazine with a capacity above 15 rounds unless you're a LEO.
But any such magazines that you owned before they were banned are fine.
Why?
According to the people who wrote the law, it's because you'll shoot the rounds in those magazines. Because nobody could possible reload a magazine.

 

[Kung Fu Wang]

Are you guys saying this is illegal?