Commuting - The Law and Us

Fun fact! The state of CA considers screwdrivers a "Dagger or Dirk" don't carry them "on your person."

(CA DOJ quote, truncated for your enjoyment)
"12020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:...(4) Carries concealed upon his or her person any dirk or dagger. ...24) As used in this section, a "dirk" or "dagger" means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position."

Usually bicyclists aren't hassled by police, but don't make one mad with a screwdriver in your bag. I'm sure the court would vindicate you but life would be miserable until then. I'm sure for arrest purposes, they could claim the bike is "on your person."

This thought came from a late night encounter I had years ago. Working the swing shift (2pm-12am) I was riding home. Murphy rode along and my battries died with no replacements handy. The streets were well lit and I made it within 1 block of my home and I broke a rule. I crossed to the wrong way of a road with no traffic around. From his speed trap appears the police car. "Off the Bike... Sit on the Curb..." (Nothing wrong with officer safety but them lights are bright!) Cop A asked me if I knew why they pulled me over ("My headlight, right, officer?") Officer B wanted me to empty my backpack to make sure I wasn't transporting guns, drugs etc. Explaining that I live a block away, that I just got off work I was almost home free till my screwdrivers fell out. Officer B apperently thought that it showed I was a criminal and all of the sudden I'm doing a field sobriety test. Passing ok and explaining about bike tools they let me go with a fixit ticket a traffic warning and the screwdriver warning. Now that I've found a place to pass it along I thought I would.

Morals of the story:
Have a light and some battries,
Ride super legal at night. Just because there's no traffic doesn't mean there's no cars.
Don't mouth off to cops
Know your liablities, don't surprise cops.
Even simple things can ruin your day.

This is not legal advice, I am not a lawyer, just trying to stay out of trouble

RGB "If you have nothing to hide you have nothing to fear,":rolleyes:

In the UK we have pretty strict rules about carrying tools as weapons. I put all my bike tools into a small bag or wrap inside my pannier or backpack.
If I want to use something as a defensive weapon, the shackle lock on top of my luggage rack is as good as anything for biffing attackers.

A strong headlight that you can flick into drivers eyes as a warning could be taken as a weapon.

I wonder if a multitool would be considered a "weapon"?

I wonder if a multitool would be considered a "weapon"?


BEWARE, I can defend myself in 21 different ways...


All in a neat little package.

-D

Just unde 4 ounces

In Ontario, Canada tools such as screwdrivers can be considered a weapon, especially if they are being used as one, or being concealed for use as one.

I once entered a courtroom with a Swiss Army knife in my pocket. It set off the alarm and was confiscated for the period of time I was in the courtroom.

Although pepeer spray (sold as dog or bear repellent) is not strictly speaking a weapon unless it is concealed. If you use it against a person it is a separate criminal charge of 'administering a noxious thing'.

In Ontario if you are charged while riding a bike with a Highway Traffic Act offence and convicted the demerit points can be taken off your drivers licence (if you have one).

All reasons to run legal and not giver cops a reason to stop you.

An enraged motorist once jumped out of his van and came at me wielding two long flathead screwdrivers, one in each hand, cussing and spitting, because I was taking up the lane at a stoplight. Pretty scary stuff. I guess it was the only weapon he could find in a pinch. I guess I should be flattered he thought he needed a weapon since he outsized me by 50 lbs and 4 inches.

An enraged motorist once jumped out of his van and came at me wielding two long flathead screwdrivers, one in each hand, cussing and spitting, because I was taking up the lane at a stoplight. Pretty scary stuff. I guess it was the only weapon he could find in a pinch. I guess I should be flattered he thought he needed a weapon since he outsized me by 50 lbs and 4 inches.

You're not going to tell us what happened?!?

An old aluminum kickstand is a lethal weapon that doesn't look out of place carried on a bike.

I have been told the big chainring (with the chain on the middle ring) is a scary weapon when held up at face level.

I wonder if a multitool would be considered a "weapon"?

If it has a knife blade,yep. Can't bring them into alot of buildings around here. Also,I think there's a couple countries in Europe where the Leatherman Wave is illegal because it has one-hand-opening blades.

Carrying a Leatherman or Swiss Army knife in the US nowadays means you're up to something. Proper citizens just carry their cellphone and call someone to come help them with everything. :rolleyes:

An enraged motorist once jumped out of his van and came at me wielding two long flathead screwdrivers, one in each hand, cussing and spitting, because I was taking up the lane at a stoplight. Pretty scary stuff. I guess it was the only weapon he could find in a pinch. I guess I should be flattered he thought he needed a weapon since he outsized me by 50 lbs and 4 inches.

I once passed on old K-car on a residential street. I guess the driver was offended by my action. (I passed him on the left.) He tore passed me and turned his car as to block the street and got out screaming like a madman "I've got got a baby in the car!"

He was so scarey, with his eyes bulging like a madman, I thought I needed a weapon to defend myself. I aways carry my U-bolt on my back rack, so I whipped it out and threatened him with a free road side lobotomy. He quickly declined my offer and left (with his baby).

I guess a U-bolt is a weapon.

I am polite.

I am respectful.

I have a plan to kill everyone I meet.

When asked for ID by law enforcement I show both my Driver's License and CHL. It's not just a good idea, it's the law.

I think I have a screwdriver in my tool kit.:D

Sounds like a clawhammer is legit though...

I think anything can be considered anything, basically. If an officer decides that you need to be searched or given a sobriety test or whatever, there's always going to be something they can point to as the probable cause. If every law on the books were actually enforced to the utmost technical accuracy at all time, everybody would be in jail.

Sounds like a clawhammer is legit though...

Just great. Now I have Diet Pepsi in my nose, all over my screen, keyboard...:roflmao: