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Question on California Law

sandsnow
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sandsnow Rookie

sandsnow

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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.

 

th_P3070042.jpg

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intosight Explorer

intosight

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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

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sandsnow Rookie

sandsnow

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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.

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Surfson Grand Master

Surfson

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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.

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Brian

Brian

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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

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intosight Explorer

intosight

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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

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bmlusk1911 Collaborator

bmlusk1911

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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! :freak:

 

"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.

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sandsnow Rookie

sandsnow

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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

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Grey Doffin Grand Master

Grey Doffin

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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

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xxlotus8xx Collaborator

xxlotus8xx

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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.

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sanjuro Veteran

sanjuro

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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 :glee:

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