“.. just goes to show ya how arbitrary some of these laws are.. in California, it's a misdemeanor to get caught with a hidden gun -- a felony if you get caught with a knife.”
I agree that the codes are unbelievably arbitrary, but the knife/felony gun/misdemeanor is only “sort of“ right.
In Cali it IS a felony to carry a concealed, fixed blade knife, but it is NOT illegal to carry a fixed blade knife (of ANY LENGTH!) un-concealed, nor is it illegal to carry a folded, folding-blade knife (of ANY LENGTH!) concealed or openly. See California Penal Code section 12020 (knives) and 10205 (handguns) at
http://caselaw.lp.findlaw.com/cacodes/pen/12020-12040.html
The moral of the story is get a folding Katana and you’re cool in Cali. Though I can't vouch for municipal ordinances prohibiting folding katanas.
On the other hand, possession of a concealed _firearm_ is a “wobbler” – it can be charged as either a misdemeanor or felony. But basically if it’s a defendant’s first offense, it will be charged as a misdemeanor, unless the defendant fits into certain categories including being a member of a street gang or not being the registered owner of the handgun.*
You’ll see that there is a defense to carrying a concealed firearm in section 12025.5 when “a person who possesses a firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety.”
Semper fi,
Bruegger out.
*here’s the details if you’re interested:
12025. (a) A person is guilty of carrying a concealed firearm when he or she does any of the following:
(1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.
(b) Carrying a concealed firearm in violation of this section is punishable, as follows:
(1) Where the person previously has been convicted of any felony, or of any crime made punishable by this chapter, as a felony.
(2) Where the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony.
(3) Where the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony.
(4) Where the person is not in lawful possession of the firearm, as defined in this section, or the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony.
(5) Where the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.
(6) By imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment if both of the following conditions are met:
(A) Both the pistol, revolver, or other firearm capable of being concealed upon the person and the unexpended ammunition capable of being discharged from that firearm are either in the immediate possession of the person or readily accessible to that person, or the pistol, revolver, or other firearm capable of being concealed upon the person is loaded as defined in subdivision (g) of Section 12031.
(B) The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106, as the registered owner of that pistol, revolver, or other firearm capable of being concealed upon the person.
(7) In all cases other than those specified in paragraphs (1) to (6), inclusive, by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.
