Monday, November 16, 2009

Transportation of martial arts weapons?

I have a pair of escrima sticks, a jo staff, a bo staff, and a pair of sais (tucked away in a carrying case - they'd take at least twenty seconds to get out of it). I was transporting them to my martial arts class where I receive training on how to use them and got pulled over. The police officer told me that carrying them in the back seat of my car was considered carrying a concealed weapon. He told me next time I'd be getting more than a warning.





Is this true, or was this police officer misinterpreting the law or overstretching his bounds? If not, what should I do to avoid a problem like this again? (other than not getting pulled over)

Transportation of martial arts weapons?
There are different laws governing different states, and enforcement will vary depending on what the local DA is willing to prosecute and at the discretion of the individual police officer.





In most states carrying anything considered a weapon whether in plain sight or not is frowned upon for fairly obvious reasons. Such things would include a baseball bat, a tire iron, and so on. In most cases however, if you're heading to or from baseball practice and have your baseball uniform with you or a couple of baseballs perhaps, they'll probably ask you to put them in your trunk where you can't readily access them and you'll be fine.





With martial arts weapons, you should only really transport them to and from classes, and whenever possible, you should transport them in your trunk and with your uniform and belt. In most reasonable cases, officers will accept that, though they may ask further questions as to where your school is, when your class is, who your instructor is etc.





If you must carry them in your car, and a 6' staff wouldn't fit in my trunk either :), it should only be the weapons that you can't fit into you trunk that you leave in there. You should also have your uniform and belt with you i.e. going to or from training. In most cases, an officer will recognize that it doesn't fit in the trunk and that the weapon is not "readily available" to you to use, because getting the darned 6' thing into the car is usually a challenge, so you certainly can't pull it out too easily.





In general they are trying to prevent people from carrying ready to use weapons. Things that are small enough or easy enough to grab quickly and use just as quickly. On the whole it's not as problematic as carrying a live bladed weapon or obviously a loaded firearm, but it does sometimes make them a little nervous. Even if they did decide to make a report, I don't think many DA's would waste time prosecuting it unless there was some other action or reason why they felt you were a danger to the community :)





So, to avoid it in the future - put everything you can into your trunk, only carry your weapons when you are going to training and have your uniform and belt with you, if you're a dan carry your dan ID card with you, and if you are stopped, tell the officers immeidately that you are a martial artists going to or coming from training and that you have some martial arts weapons in your trunk/back seat etc. Keep your hands on the steering wheel when you tell them this so that you don't make them nervous for any reason. Most officers should appreciate the information and your explanation.





If you're school works with weapons a lot, you may also want to get to know you local law enforcement personnel. My association has a very close relationship with our local officers, and we do some joint self-defense seminars and community events with them. This helps to alleviate this type of potential tension when the officers are already familiar with your school and your instructor.





Hope this helps somewhat.








Ken C


9th Dan HapMoosaKi-Do


8th Dan TaeKwon-Do


7th Dan YongChul-Do
Reply:Just throw it in the trunk next time, don't think he could argue with that. They don't make too much of a fuss at all when you have a carry permit too, so why not get one? It's cheap.
Reply:If it's exposed in plain view, how can it be concealed? And why is he causing you trouble about this in any event?





You must live in one of those little dictatorship states back east, or possibly California out west, which are infested with liberals who pervert the law.





Or sadly, it appears there are some cops who have contempt for people's rights and make their own rules on the street.





Consider the irony of what people are suggesting here. On the back seat it's not concealed, and in the trunk it is concealed. Again, common sense is defied.





Why are there laws that prevent HONEST CITIZENS from being able to have means to protect themselves?
Reply:The staffs will be tough... I personally owned 2, one for the dojo and one for home. As far as the others, put them in the trunk. When asked if you have weapons in the car, say no.





They cannot search your vehicle without just cause, so don't give them any cause.





Another option would be to contact the state police department and ask them. Or perhaps your local judge.
Reply:Tell that cop to go back to the academy and study harder, plain sight to where it dose not present a threat to the officer is fine! You are almost allowed to have any kind of weapon as long as upon being pulled over you notify the officer of it's presence and DO NOT MOTION TOWARD IT just point. I had cops tell me alot of "next time this" and "next time that", and when the next time occurred I was told "well next time..." My point being they don't want you to carry them, but if you do put them in the trunk - just to be safe. If they want to search the car then tell them they are there, but just know you are not wrong and shouldn't be treated like you are!!!!
Reply:Contact an Attorney, you might need a pickup truck. If the class is with in walking distance ask the legal expert of choice, if walking with the item in the open would be in itself illegal. This problem is the result of the entertainment industry actively misrepresenting items as, instant death manifested.


A grass roots movement needs to do the benevolent act of educating the public, then once the benevolent organization becomes incorporated, 'twill be listed as a Secret-Society. When an organization grows there becomes the need to protect members from legal retaliations. The specifics of grass-roots organizations can become, legally-complex, so that also requires an attorney.
Reply:i always heard to keep it in your backseat. you shouldnt be able to reach them while driving(i doubt its easy to do a drive by with some sais though lol) and have it in the open so you arent "hiding" anything





but thats just what i thought im not knowledgeable on the actual law
Reply:Let him know that is not what the law says. I'm not sure how it exactly applies in SC, so you should consult an attorney Ask your instructor who their attorney is. They'll already be familiar with the laws as they pertain to you because they'd be familiar with your school. If your instructor doesn't have one, why are they teaching weaponry? That's a lawsuit waiting to happen.





The officer may be talking about your sais, which is where it geats tricky. In Virginia, martial arts weaponry is not considered concealed when carried by an actively training martial artist. Its no different than carrying a knife (of course, VA has a blade length law, but sais are not considered knives). SC may consider them like knives, which would mean that an "adult" sized pair of metal sais would definitely excede blade length laws. To get around that, you could get foam/rubber sais, or store them at your school (if allowed).





Hope that helps!
Reply:The cop cannot arrest you for the staff as for the sai's put them in the trunk he needs a reason to look in there same with the sticks although they are in cases and that fact can be argued that they are not in your hands and not being used in anyway to harm anyone. He was just being a jerk talk to your instructor and ask their advice on how to handel this problem.


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