The Hits Keep Coming for the FPD

The Orange County District Attorney announced this afternoon that it will pursue criminal charges against another Fullerton Police Officer.  This time, Officer Hugo Garcia, 32, is accused of theft and embezzlement, both felonies, related to the fraudulent sale of a vehicle.

According to the DA, Garcia borrowed $12,000 from a private lender in October of 2012, using his Chevy Tahoe as collateral.  The very next month, he sold the vehicle to an auto wholesaler for $12,000 cash, despite the fact that the lender still held a security interest in the car.

When Garcia stopped making payments on the loan, the lender repossessed the vehicle from a third party, who had purchased the car some time after it was sold by the wholesaler.  The wholesaler then compensated the third-party buyer for the purchase price of the Tahoe, resulting in a loss for the wholesaler.

That's Fullerton's finest.

Garcia is scheduled to be arraigned on March 14, 2014 at the North Justice Center in Fullerton.

What Kinds of Weapons Can I Legally Possess in California?

Updated 8/10/23:  Earlier this week, the 9th Circuit Court of Appeals ruled that butterfly knives are protected by the Second Amendment and that law-abiding adults have the right to carry them in public for self-defense.  Read my post about it here. 

Ever since the Supreme Court delivered its historic ruling in Bruen earlier this year, laws regarding weapons have been changing quickly.  Check back often for updates as they become available.  

The laws regarding weapons in California are (like most of our laws), complicated, nuanced, counter-intuitive and not entirely rational.  We have specific rules to govern all sorts of weapons, including some you've probably never even heard of (I had to look it up, but a "sandclub" is exactly what it sounds like).

Today, I want to talk specifically about knives, striking weapons (like clubs and batons), martial arts weapons, and a few other favorites.  I'll reserve firearms for another day because guns probably deserve their own post. 

For the sake of easily understanding how all the laws on this subject work together, I've created my own handy 4-tier classification system.  This is an over-simplified glance at a few common weapons and the restrictions regarding their possession and use.  Since I invented this chart, you won't find it in any law book.  Don't cite to this chart in court or when you're dealing with police.  Nobody will know what you're talking about if you argue that your folding knife is a "Class-4 pocket knife" and not a "Class-2 switchblade".  The chart is just a simple way to wrap your head around a complicated and poorly-organized series of laws.

My 4 tiers are as follows:

-Class 1:  Weapons that are illegal to own, possess, manufacture, import, sell, loan, give away, offer for sale, etc.  Put simply, these weapons are ILLEGAL in California for any purpose.  You could be arrested just for having them in your own home for self-defense (with a few exceptions).  

• Any weapon that is disguised or not immediately recognizable as a weapon (any type of knife that is designed to look like an air gauge, lipstick case, writing pen, walking cane, belt buckle, hair brush, etc.)
• Any type of hardened knuckles (wooden, metal or composite / plastic)
• Any type of billy club, blackjack, sap, sandbag, sandclub, sap or slungshot (this is not a typo.  A "slungshot", also called a "monkey fist", is a weighted ball on a rope).  Courts have determined that "billy club" includes any type of bat, stick, club or baton if it's intended use is a weapon, even for home defense.  Wait, that can't be right.  But it is.  Keeping a baseball bat under your bed as a weapon for home defense is arguably illegal in California.  That's right, a loaded shotgun under the bed = legal.  Baseball bat under the bed = illegal.  Of course, it would be virtually impossible for police to enforce this absurd law unless the bat were used to commit some sort of crime.  In the absence of some other criminal activity, I would argue that the 2nd Amendment's Right to Keep & Bear Arms trumps California's nonsensical rule against club-type weapons in the home for self-defense.  I've never heard of a law-abiding person being prosecuted for possession of a baseball bat in his own home. 
• Class 1 also includes "nunchaku" (nunchucks), throwing stars and other "martial arts-type" weapons, with exceptions for martial arts schools and instructors.  

-Class 2:  Weapons that may be owned or possessed at home, but may not be carried in public or within the passenger area of any vehicle.  Class 2 weapons may be manufactured and / or imported into the state, but may not be sold, loaned, transferred or given away in California.

• Switchblades and butterfly knives with blades longer than 2 inches fall within this class -- they may be owned and possessed at home, but not in public or in the passenger area of your car.  You may not sell them, loan them to a friend, give them away, or transfer them to any other person.  Note: This is all up in the air since the 9th Circuit Court of Appeals ruled in Teter v. Lopez.  In that case, the court invalidated a Hawaii law that prohibited the possession of butterfly knives.  

-Class 3:  Weapons that may be carried openly upon the person or within the passenger area of a vehicle, but may not be concealed upon the person.  

• Any dirk or dagger.  "Dirk" and "dagger" are both synonymous terms for stabbing weapons. This includes anything with a fixed blade, capable of being used to inflict death or serious injury by stabbing.  Folding knifes don't count, no matter how big they are, as long as the blade is not extended and locked into place while concealed.  Section 20200 of the California Penal Code reads, "A knife carried in a sheath that is worn openly suspended from the waist of the wearer is not concealed within the meaning of [this code]".  
• When it comes to knives, size really doesn't matter in California.  A few local codes prohibit concealed knives of various lengths, but the state Penal Code makes no distinction between giant knives and tiny ones.  If the knife folds, it may be carried concealed, even if the blade is a foot long.  If the blade is fixed, it may NOT be worn concealed, even if the blade is only 3 inches.  And there is no maximum length for blades that are worn openly.  That means swords are legal, but small neck knives are not.  I didn't make up these rules.  

-Class 4:  Weapons that may be carried and concealed upon the person, subject to some restrictions.  Generally, law-abiding adults may possess weapons in this category for self-defense.  Felons, addicts, minors, people on probation, and people with certain misdemeanor convictions may be prohibited from carrying even class-4 weapons.  Class-4 weapons include:

• Tear gas / pepper spray
• Stun guns
• Folding knifes, as long as the blade is not open and locked into place while concealed.

There are many possible defenses to weapons charges in California.  Often, illegal weapons are discovered by police during illegal searches of your property.  If a search is performed without your permission, without probable cause and without a warrant, there may be grounds to suppress anything discovered as a result of that search.  Only a qualified criminal defense attorney can tell you whether or not you might have a defense based on an illegal search or a violation of your right to privacy.  

Even if you are found to be in possession of an item that fits the legal description of a prohibited weapon, you might have a compelling argument that the item itself is not actually a "weapon".  If it's an antique, an heirloom, a movie prop, a piece of art, or if the possessor has some innocent explanation for the item (i.e. grandpa brought it home from the war, etc.), then the item might not be a "weapon" within the meaning of the law.  For example, a baseball bat could be used to play baseball or it could be used to break the knees of a rival bookie.  If a person is found in possession of a baseball bat, a baseball glove, a bucket of baseballs and a pair of baseball cleats, then the bat itself is clearly a piece of sporting equipment and not a weapon.  Of course, baseball bats may be used to legally play baseball in California.  On the other hand, if a person is found with a baseball bat behind the seat of his car, with no other sporting goods in the vehicle, he's going to be arrested on suspicion of carrying an illegal baton.  Keep in mind also that "self defense" is not considered to be an "innocent explanation", and it is not a defense if you are charged with possessing an illegal weapon. 

If you or a loved one is accused of possessing an illegal weapon in California, call our office for a free attorney consultation.  (714) 449-3335.  Ask for John. 

For more information visit our website.  Orange County Weapons Attorney.

Thanks for reading.