Carrying a "pocket" knife on a CA college Campus - Am I within the law?

[Vindicated]

What is the name of your state? California. Regarding Consealed Knife laws while on college campus.

Before going into detail I want to quickly state my question which is: Am I within the law carrying a folding knife in my pocket (which is lawful to carry in public) while on a college campus if the College's Handbook only states that "unlawfull" possession of a weapon is against school policy.

Now for the long winded segment of my post...

I happen to be a avid knife collector. Around town I keep a folder on my person virtually at all times. I keep it on for many reasons, mostly because I feel more secure with it -- specially being that I use the city bus to get to school (takes 2 hours one way with bus trasfers at dangerous spots). I know a fair bit of the laws regarding carrying a knife in my state while in public. That is California allows carring a folding knife of any length consealed in public except on school campus (grades K-12) and in federal buildings with a max blade size I believe at 2 1/2 inches. And I know some major cities such as LA have a 3 or 5 inch carry law even on folding knives and a college campus can add their own restrictions to the laws.

I've read my college campus' handbook like a Muslim reads his Koran and the only thing it states on it's weapons & drug policy is:

In accordance with Public Law 101-226, “Drug Free Schools and
Communities Act of 1989,” the Governing Board of Chaffey College
prohibits the unlawful possession, use or distribution of illicit drugs,
alcohol, or weapons by students and employees on District property
and/or as part of any District sponsored or sanctioned activity. Any student
or employee in violation of this policy is subject to disciplinary
action up to, and including, expulsion from the college or termination
from employment for violation of the standard of conduct.

And I know penal code 626.10 sub-section B says:

Penal Code 626.10
(b) Any person,... (omited irrelivant text) ...who brings or possesses any dirk, dagger, ice pick, or knife having a fixed blade longer than 2 1/2 inches upon the grounds of, or within, any private university, the University of California, the California State University, or the California Community Colleges is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.

I added the bolding, underlines, and italics. The part I omited was refering to people who are excempt from this law (police officers on duty, miltary, etc.) The knife I carry is usually a Camillus Heat folding knife (see photo). It has a spring assisted opening, and the blade length is just under 4 inches. Sometimes I carry a ColdSteel Vaquero Grande ( see photo) which is also a folding knife but has a 6 inch blade with no assisted opening. In addition I keep in my wallot a "cheat sheet" of the common penal codes regarding knives. It's mainly in case I get stoped by an officer on the street who mistakenly thinks my knifes are illegal. I even posted my cheat sheet online. I typed it out on Microsoft Word. See it for your self: California Knife Laws.doc

Being that the College Handbook says only unlawful possession of drugs & weapons are prohibited, that means I can carry my knife legally, correct? Or can my college have a knife/weapons policy not expressed in the handbook? Also do you think it's a good idea to keep that sheet in my wallot or should I add more information?

I've done my best to read as much of the laws possible, but just in case I missed anything I want to post here and hopefully get some advice as well. Better to know the laws before hand, right?

 

[rmet4nzkx]

Yes the college may have rules re carring weapons.
As you well know having cited CPC 653 (k) your knives are illegal to carry on campus. Furthermore, by publicly flaunting your personal obsession with knives demonstrates your higher risk for criminal behavior, so you will no doubt find yourself being questioned and suspected at times and someday resting cold and naked on a slab. Also carring a weapon on a bus is inviting trouble, you are looking for a fight and inviting it to happen.

A simple pen or pocket knife is one thing what you are doing is obsessive. Perhaps if you got a different hobby you might have money to buy a car or has your license been suspended for some reason?

 

[LittleNapolean]

Yes the college may have rules re carring weapons.
As you well know having cited CPC 653 (k) your knives are illegal to carry on campus. Furthermore, by publicly flaunting your personal obsession with knives demonstrates your higher risk for criminal behavior, so you will no doubt find yourself being questioned and suspected at times and someday resting cold and naked on a slab. Also carring a weapon on a bus is inviting trouble, you are looking for a fight and inviting it to happen.

A simple pen or pocket knife is one thing what you are doing is obsessive. Perhaps if you got a different hobby you might have money to buy a car or has your license been suspended for some reason?

Read 653 (k) again.

He isn't carrying a fixed blade knife.

 

[rmet4nzkx]

Read 653 (k) again.

He isn't carrying a fixed blade knife.

One of the knives he carries is a switch blade "The knife I carry is usually a Camillus Heat folding knife (see photo). It has a spring assisted opening, and the blade length is just under 4 inches. "
these are also prohibited per Penal Code 653(k)
For the purposes of this section, "switchblade knife" means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, the blade or blades of which are two or more inches in length

 

[LittleNapolean]

One of the knives he carries is a switch blade "The knife I carry is usually a Camillus Heat folding knife (see photo). It has a spring assisted opening, and the blade length is just under 4 inches. "
these are also prohibited per Penal Code 653(k)
For the purposes of this section, "switchblade knife" means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, the blade or blades of which are two or more inches in length

The knives he mentioned are not considered switch blades. The spring assisted knife he mentioned was specifically designed to meet the requirements for NOT being considered a switchblade knife.

 

[rmet4nzkx]

The knives he mentioned are not considered switch blades. The spring assisted knife he mentioned was specifically designed to meet the requirements for NOT being considered a switchblade knife.

Now nice wanna bet it is modified? You know darn well the game he is playing and what will happen when he gets caught.

 

[LittleNapolean]

Now nice wanna bet it is modified? You know darn well the game he is playing and what will happen ehwn he gets caught.

No I don't know what game he is playing. It seemed to me that he was asking a simple legal question in an attempt to determine if the language of his school's manual prohibited the carrying of a knife that was otherwise legal to carry.

 

[rmet4nzkx]

No I don't know what game he is playing. It seemed to me that he was asking a simple legal question in an attempt to determine if the language of his school's manual prohibited the caring of a knife that was otherwise legal to carry.

And made the most vague reference to "unlawful possession" and "fixed blades" when he knew he was not citing the portion of the law associated with his "spring assisted" switch blase and in his word document he had the reference, so he already knew the answer to the question.

He was looking to have someone say, well it's not a "fixed blade" therefore it's legal, fact is there are lots of places where you can't have any knives not even a small pen knife or folding embroidery sizzors. A college campus can have zero tolerance for many items.

 

[HomeGuru]

Pursuant to school policy, any knife is considered a weapon whether it is a fixed blade, pocket knife etc.

 

[LittleNapolean]

And made the most vague reference to "unlawful possession" and "fixed blades" when he knew he was not citing the portion of the law associated with his "spring assisted" switch blase and in his word document he had the reference, so he already knew the answer to the question.

He was looking to have someone say, well it's not a "fixed blade" therefore it's legal, fact is there are lots of places where you can't have any knives not even a small pen knife or folding embroidery sizzors. A college campus can have zero tolerance for many items.

He quoted the language for his school. He didn't ask about "many places".

He specifically noted that it was an assisted opening knife, he gave the specific brand name of the knife so you could refer to technical information about how that particular knife operated.

He specifically referred to a link that included the language associated with his spring assisted knife, which says "Switchblade knife" does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade". The particular spring assisted knife he mentioned opens with one hand utilizing thumb pressure applied solely to a thumb stud attached to the blade.

 

[CdwJava]

Okay ... I'd arrest him. It's an unlawful knife, AND if he carried it on campus he'd be violating yet another law!

Any knife that opens by way of gravity or is spring assisted will qualify as an unlawful weapon under either PC 12020 (a felony) or PC 653k (a misdemeanor).

Unless the blade has to be pulled open, it is illegal.

EDIT: And the unincluded portion of PC 626.10 that is governing in this case:

"... who brings or possesses any dirk, dagger, ice pick,
knife having a blade longer than 21/2 inches, folding knife with a
blade that locks into place, ..."

Oops! A wobbler! It can be charged as either a felony OR a misdemeanor. We would arrest for the felony and let the DA drop it.
Carl

 

[rmet4nzkx]

Okay ... I'd arrest him. It's an unlawful knife, AND if he carried it on campus he'd be violating yet another law!

Any knife that opens by way of gravity or is spring assisted will qualify as an unlawful weapon under either PC 12020 (a felony) or PC 653k (a misdemeanor).

Unless the blade has to be pulled open, it is illegal.

Carl

Thank You Carl!!!!
How come I get the feeling that someday we will read about this guy in the news? I'll bet his fellow bus riders just love him too!

 

[LittleNapolean]

Okay ... I'd arrest him. It's an unlawful knife, AND if he carried it on campus he'd be violating yet another law!

Any knife that opens by way of gravity or is spring assisted will qualify as an unlawful weapon under either PC 12020 (a felony) or PC 653k (a misdemeanor).

Unless the blade has to be pulled open, it is illegal.

EDIT: And the unincluded portion of PC 626.10 that is governing in this case:

"... who brings or possesses any dirk, dagger, ice pick,
knife having a blade longer than 21/2 inches, folding knife with a
blade that locks into place, ..."

Oops! A wobbler! It can be charged as either a felony OR a misdemeanor. We would arrest for the felony and let the DA drop it.
Carl

I appreciate your response Carl but ...

The section of code you quoted referring to folding knives with blades that lock in place is from 626.10 (a) which pertains to schools K-12. That section doesn't apply to the poster's question. He has referred to a college campus (he didn't mention which one) so you need to look at 626.10 (b) which omits any reference to folding knives with blades that lock.

Secondly, "Any knife that opens by way of gravity or is spring assisted will qualify as an unlawful weapon under either PC 12020 (a felony) or PC 653k (a misdemeanor)." seems to be half law and half your interpretation.

I assume you are considering poster's weapons to be "switchblade" knives (which include gravity knives) which are prohibited with blade lengths such as the poster mentioned. However, PC 653K specifically states ""Switchblade knife" does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position. "

The specific knives mentioned by the poster are knives that open with one hand utilizing thumb pressure applied solely to a thumb stud attached to the blade and they have detents or other mechanisms that provide resistance that must be overcome in opening the blade.

I'd appreciate any comments you might have.

 

[CdwJava]

The OP stated that the knife he carries is thus:

"The knife I carry is usually a Camillus Heat folding knife (see photo). It has a spring assisted opening, and the blade length is just under 4 inches."

Spring assisted opening implies that a spring helps to propel the blade open - a far cry from a thumb stud which would have no reason to have a spring ... under CA law, this makes it a "switchblade" per PC 653k. If it were just a thumb stud, I would agree - but per the OP's description, it's not just a thumb stud but a "spring assisted opening". Unless the OP's description is incorrect.

If the knife has a spring-assisted method of pushing/pulling the knife to an open position, than it is a switchblade under CA law.

And you are correct about the PC 626 section ... subsection (b) applies to colleges and universities and does not mention folding knives.

However, carrying the knife described above would be unlawful anyway per PC 653k, and the carrier faces arrest if he carries it on to campus.

Carl

 

[rmet4nzkx]

However, carrying the knife described above would be unlawful anyway per PC 653k, and the carrier faces arrest if he carries it on to campus.

Carl

Which is what I pointed out and OP had the reference to 653(k) references, he knew it was against the law when he aksed the question.

Now if OP showed up on campus with a 3.5 inch Skean Dhu he would argue that it didn't count because the law only cites a Dirk.