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79090 Posts in 2226 Topics by 1036 Members
Latest Member: Evgeny Vasilyev
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2001  DBMA Martial Arts Forum / Martial Arts Topics / Re: Knife vs. Gun on: April 07, 2007, 11:04:29 AM
"I was in fear of my life and used what force I had to".  I don't get it. 
In CA if you didn't "see the knife out of his pocket in his hand"
and he is merely "running up to you like a madman" and you shoot him,
he may be dead, but you will go to prison with his friends for maybe 20+.
That's not self defense; that's murder.  Actually, if you don't see the drawn knife and
you draw your gun you probably have committed a crime by displaying excess force.

And if you shoot him, well as I said, you are the one doing time and his
family will collect your house and other assets.  As a side note, it is legal
to carry a folded folding knife nearly anywhere in CA; by definition therefore there is
no "perceived lethal threat"; are we to assume in this scenario that the other other guy (you)
has a CCW permit, something very difficult to obtain in CA? 

If not, let me get this straight; you are going to shoot someone with an illegal
weapon who is committing no crime other than waving his arms and making a fist
and "running up to you like a madman" who may have a folding knife that you
have not seen open?  Unless they find his body with an open knife, as I said, maybe 20+.

I think stealth is one of the advantages of the knife; it can be hidden and given the scenario and
most scenario's the gun is exposed.  In reality the average man with the gun needs to think twice
before he draws and shoots.  We are not in Iraq, nor in most instances are we law enforcement. 
Therefore, a decisions needs to be made; is lethal force justified and later will it be
justified before twelve?  Tough to do in CA.  Yes, I know, "better to judged by twelve, than..." but
prison is not a great place to spend my remaining years either. 
james
2002  DBMA Martial Arts Forum / Martial Arts Topics / Zacarias Moussaoui is guilty! on: April 28, 2006, 11:24:00 AM
I am not an attorney: still while no one can support Moussaoui and note I do support capital punishment, I question the use of capital punishment in the matter of one being an ACCESSORY to murder before (or after) the fact.  Off hand, I can't think of any examples of capital punishment being applied to an individual who was only an accessory to murder and was not present at the crime nor was he/she the instigator of the crime.  In this instance, it does seem like the sole purpose of capital punishment is to "placate the bloodthirsty."
2003  DBMA Martial Arts Forum / Martial Arts Topics / "Kali" player on trial for killing bouncer on: March 21, 2005, 12:40:01 PM
Hi Crafty,

Citations; no, not offhand (I will reseach) but the law in CA (LA City and a few other cities have different rules) only address certain issues, such as  items like switch blades, pen knives, cane/swords etc. being illegal.  And the issue of open or concealed carry; for example fixed blades MUST be carried open carry while folders may be carried concealed if in the closed position (makes sense to me; do you want an open folder in your pocket?).      

The issue of use is not addressed - only whether the knife is legal or not.  If questioned, the officer must state why your/this particular knife is illegal, i.e. switchblade, a fixed blade being concealed, etc.  For basic reading see Penal Code sections 12020, 653(k), and 626.9 for a basic summary.  

We spoke of this once before.  I gave you the example of going to the LA Superior Courthouse with a folder.  At the door I declared it of course and asked that it be check in (downtown offers that service)  The rent a cop at the door said he was going to take it away since I told him it was for self defense; even the Sheriff at check in agreed with him!  However, the Sargent on the desk upstairs pulled 653(k) and read it noting to everyone that my knife was perfectly legal and the reason I carried my knife to be irrelevant.

Recently I was on a college campus and was "arrested" by campus police for carrying my folder.  It took a while but I pointed out that CA law states that you may not carry any knife on a K-12 campus and that you may not carry a fixed blade on a college campus however by ommision my folder was perfectly legal.  The Pasadena DA's office confirmed my opinion to the "arresting" officers.

I suggest that individual's should know the law.  Often times Sheriff and Police often do not and unless you explain the law to them (politely) you may have a problem.  But you should not be afraid to carry; just use the knife responsibly and appropriately.  And what that means is for the jury to decide.

james
2004  DBMA Martial Arts Forum / Martial Arts Topics / "Kali" player on trial for killing bouncer on: March 21, 2005, 10:56:27 AM
Crafty,  while I 100% agree that the killing of "Tiny" was profoundly sad,
I would like to dispute one comment of yours.  You said, "...but if NY is anything like CA law the carrying of a knife as a weapon is illegal but it is ok to carry it as a tool.".  I think we have had this discussion before, but unlike some states, CA law does not address the issue of use.   For example I carry a folder (by the way, any length according to CA law is ok) in the closed position.  This is perfectly legal AND I may honestly tell (politely) anyone from law enforcement who might inquire that the primary purpose of this weapon is self defense.  I can honestly say, "It is not a screwdriver, can opener, or box cutter; I carry it solely for the purpose of self defense."  Now,  while he/she may not like that answer, but it is perfectly legal in CA.
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