This Halloween, part of my costume contains two replica swords from the movie 300. These swords are made of metal but will of course be unsharpened, and will remain non-concealed, in their Scabbards on my back. I've done a few google searches and got mixed answers regarding the legality of carrying these props. Did a search for the word "sword" in the donut shop and found virtually nothing.
Besides not doing the obvious dumb shit like brandishing it in a threatening matter, etc, are there any precautions I need to follow in case I bump in to a LEO? In other words, will I get fined, or have them confiscated if I just leave them on my back? What about transporting them in my car? I'm in California in various parts of the Bay Area, like San Francisco.
Thanks in advanced.
____________________________________ The crime isn't doing it, the crime is getting caught.
This Halloween, part of my costume contains two replica swords from the movie 300. These swords are made of metal but will of course be unsharpened, and will remain non-concealed, in their Scabbards on my back. I've done a few google searches and got mixed answers regarding the legality of carrying these props. Did a search for the word "sword" in the donut shop and found virtually nothing.
Besides not doing the obvious dumb shit like brandishing it in a threatening matter, etc, are there any precautions I need to follow in case I bump in to a LEO? In other words, will I get fined, or have them confiscated if I just leave them on my back? What about transporting them in my car? I'm in California in various parts of the Bay Area, like San Francisco.
Thanks in advanced.
Simple answer is to fix them to the scabbards so they cant be removed.
____________________________________
Quote:
Originally Posted by Albert Einstein
The world is a dangerous place to live, not because of the people who are evil, but because of the people who don't do anything about it.
The thought of wearing that kind of costume in the bay area - you may need them to protect yourself from the guys.....I'm pretty sure there isn't a "halloween exception" to weapons possession
Yah yah, the SF jokes abound. I know there's no "halloween exception" to weapons possession, but that's exactly my question. Is it illegal to carry a sword on you in public?
Facts that should be considered (which creates more questions):
1. Not sharpened (so technically is it even a "weapon" just flatten metal rods? I guess anything can be a "weapon", even a wooden sword as you can still beat someone silly with them like a wood bat).
2. If it still is a "weapon", they are not concealed, clearly visible on my back... Legal?
3. They will not be unsheathed in public as to not create a public disturbance.
Honestly, I'll be attending a couple costume parties on private property most of the day and night. It's just the bits in between that I was wondering about. Like if we went to get some starbucks while in costumes. Am I illegal? What about driving in the car, do I have to take them off my back?
Yah yah, the SF jokes abound. I know there's no "halloween exception" to weapons possession, but that's exactly my question. Is it illegal to carry a sword on you in public?
Facts that should be considered (which creates more questions):
1. Not sharpened (so technically is it even a "weapon" just flatten metal rods? I guess anything can be a "weapon", even a wooden sword as you can still beat someone silly with them like a wood bat).
2. If it still is a "weapon", they are not concealed, clearly visible on my back... Legal?
3. They will not be unsheathed in public as to not create a public disturbance.
Honestly, I'll be attending a couple costume parties on private property most of the day and night. It's just the bits in between that I was wondering about. Like if we went to get some starbucks while in costumes. Am I illegal? What about driving in the car, do I have to take them off my back?
And yes, fixing them to the scabbards sounds like a good idea - I would like to not destroy them and keep them wall decorations after Halloween.
don't worry your self about it too much its halloween ppl everywhere are going to have some kind of costume on and some are going to have some type of fake weapon on them.. just try not to wave around the sword like your going to kill someone and you should be fine for the whole night..
don't worry your self about it too much its halloween ppl everywhere are going to have some kind of costume on and some are going to have some type of fake weapon on them.. just try not to wave around the sword like your going to kill someone and you should be fine for the whole night..
And your advice comes from being a LEO or prosecutor in California?
Back in the seventies I did Halloween as a terrorist, Palastinean head scrarf, eyehole ski mask, the works. And I carried a real HK91A3 as my weapon of choice. Plus a bunch of grenades. The bolt was removed from the rifle but that was the only change to make it legal. Only got asked once to see the rifle (by an officer) and as soon as he saw that it had no bolt he was fine. But this was pre Taliban. I imagine today that SWAT would be called out.
I would not suggest carrying two metal swords, I don't care if they are sharp or not! Here in Texas, that will land you in jail. It would be best to have them made of plastic. I think you can make your point just as you would having them be made of metal, without the fear of being arrested.
Wow - I honestly thought the law would be more clear about it if it's so cut and dry, 'you'd be arrest on the spot'.
I guess in that case I'll go find some wooden swords to put in to the scabbards on amazon. Seems as though they can be had for under 10 bucks. Or is that illegal too, 'wood swords'.
Even better would be to just remove the blade and super glue the pommel/handle to the scabbard.
Even better, if not the best, would be moving to a place without sissy weapons laws and mandatory public disarmament policies.
Not just for Halloween, but many other reasons.
Swords? In Arizona I can walk around legally with a loaded unconcealed 'assault rifle' on my back, even when it isn't Halloween.
Really puts into perspective how paranoid and delusional your politicians are in those places where having a piece of plastic with 11 holes in it instead of 10 gets you more time than a child molester.
Even better, if not the best, would be moving to a place without sissy weapons laws and mandatory public disarmament policies.
Not just for Halloween, but many other reasons.
Swords? In Arizona I can walk around legally with a loaded unconcealed 'assault rifle' on my back, even when it isn't Halloween.
Really puts into perspective how paranoid and delusional your politicians are in those places where having a piece of plastic with 11 holes in it instead of 10 gets you more time than a child molester.
.
If you do that in downtown Austin, Dallas, or Houston on Halloween as part of a costume the police will ask you to leave. While walking around with a rifle in Texas unconcealed in most circumstances is completely legal the rest of the year, doing so while surrounded by a large group of drunk people is probably not prudent, and I can see why restrictions are in place.
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by being thrown;
(C) dagger, including but not limited to a dirk, stiletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
Falls under the Unlawfully Carrying Weapons Sec. 46.02
Thanks Iceman. I see they didn't mention a battle axe in there! j/k
I've decided not to carry the swords (bummer I can't return them without eating a restocking fee). I went ahead and found some "practice" swords for about 7 dollars each. Black painted wood, I think they look pretty good actually.
I know some of you think it's silly and unnecessary. But so are alot of things that we find "cool". Take for example, what this website is all about! Do you really need 500whp vehicle that can accelerate to 60 in well under 5 seconds? It's not like you can ever open her up on public roads as that would be breaking the law (very fast acceleration = exhibition of speed). Right, we just like the idea of it. And come on, who are we fooling, we do open her up every once in a while while 'not on the track'. And last time I checked, a vehicle can do a hell of a lot more damage by accident than some cool swords.
Anyways, my friends are a bit "over the top" with their costumes and sometimes we have to one up each other (last year a buddy mine some how got a hold of a real LEO uniform!) The authentic looking swords woulda just been that much sweeter, oh well. Knowing my luck as of lately, I'm not going to chance it. So unless there's an issue with wooden swords, I guess that's my compromise. Thanks everyone and have fun Halloween!
The swords would have been legal in Cali btw, as long as they are in a sheath. An "Illegal Knife" (653k PC) pertains to a switchblade 2" or more. Just make sure you don't:
- have it at a state or local public building (171(b) PC)
- draw it out in a rude, angry or threatening manner (417(a)(1) PC) * except in self-defense
Halloween Costume - swords in public
j/k 
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