[Fwd: Stupid law correction (was Re: Anal talk of freedoms)]

From: Michael M. Butler (butler@comp-lib.org)
Date: Thu Jan 27 2000 - 10:34:16 MST


attached mail follows:

Sorry, the toolbox was a bad example, as an affirmative defense might be
raised successfully that the box renders the instrument not capable of
"ready use" since an operation (opening the box) must be performed.
Strike "put it in a toolbox" and substitute "obscure it from view".

"Michael M. Butler" wrote:
> In CA, you can be jailed for carrying _concealed_ anything "capable of
> ready use" as a stabbing instrument which can cause grave injury or
> death. It's a "wobbler", meaning they can charge you with either a
> misdemeanor or a felony, depending on how the cop(s)/DA(s) are feeling.
> So carry on a tool belt is probably OK, as long as other clothes don't
> cover it. But put it in a toolbox, and *bang*--under the law, it's a
> crime to carry. As with many stupid laws, it's likely to only be an
> add-on charge *after* you do something bad--*unless* someone decides to
> "selectively enforce" your ass just 'cause they feel like it. Which, as
> we know, *never* happens in LA or anywhere else in the Land of the Free.
> Carry in your hand, in what someone decides to construe as a menacing
> manner, and you've got a heap of other laws to run afoul of.
> Timothy Bates wrote:
> >
> > on 3/17/39 9:45 AM, Lee Daniel Crocker wrote:
> > >>> Or if you are carrying a pair of kitchen scissors in New South Wales
> > >>> you can go to jail for 14 years.
> > >> Surely that's only if you're caught running with them?
> > > In Los Angeles, you can be jailed for carrying a screwdriver.
> >
> > Is it a crime by definition, or a crime if it is deemed an offensive weapon?
> > In many countries carrying an offensive weapon is a crime, and this can be
> > anything including a piece of rope if you are a tuggie.
> >
> > In NSW, it is a crime per-se
> >
> > cheers,
> > tim

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