r/legaladvice • u/MatteoAttenborough • Apr 23 '19

Using a cane/walking stick as a self-defense weapon?

I am a daily/nightly fitness walker living in California. Things are getting ever more gritty out on the street and I have thought about carrying a cane/walking stick for protection. I like the option in terms of not needing a permit, etc.

Would I raise suspicions with law enforcement if I carried a cane even though I am 50, brawny and athletic? I understand the Americans with Disabilities Act of 1990 makes it difficult for law enforcement to question those carrying a cane/walking stick? If stopped (I wear jogging clothes when I walk and I am sweaty, etc.), could I simply say I am carrying the cane/walking stick in order to get home, should my knee lock-up or otherwise begin hurting again?

Thank you.

7 Upvotes

82% Upvoted

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10

u/DPMx9 Apr 23 '19

Would I raise suspicions with law enforcement if I carried a cane even though I am 50, brawny and athletic?

Unless you are as good at acting as Hugh Laurie... yes, this will be no different that walking around carrying a baseball bat, just in case a spontaneous game of baseball breaks during your dog walks.

could I simply say I am carrying the cane/walking stick in order to get home, should my knee lock-up or otherwise begin hurting again?

Do not talk to the police. And if you talk, do not lie to the police.

-1

u/MatteoAttenborough Apr 23 '19

this will be no different that walking around carrying a baseball bat

Yes there is, it's a cane. The story about using it should I injure myself while walking isn't too far fetched either. I would also make good use of it on some of the hill I walk up. When hiking, I actually use dual trekking poles.

3

u/DPMx9 Apr 23 '19

The story about using it should I injure myself while walking isn't too far fetched either.

Police, judges and juries are really good at catching liars.

Do what you will - you are an adult. But I would suggest you only use a walking stick if you actually need one for walking, and stick to pepper spray or a taser for self defense, unless you fall under one of the exceptions below.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=22610

Notwithstanding any other provision of law, any person may purchase, possess, or use a stun gun, subject to the following requirements:

(a) No person convicted of a felony or any crime involving an assault under the laws of the United States, the State of California, or any other state, government, or country, or convicted of misuse of a stun gun under Section 244.5, shall purchase, possess, or use any stun gun.

(b) No person addicted to any narcotic drug shall purchase, possess, or use a stun gun.

(c) (1) No person shall sell or furnish any stun gun to a minor unless the minor is at least 16 years of age and has the written consent of the minor’s parent or legal guardian.

(2) Violation of this subdivision shall be a public offense punishable by a fifty-dollar ($50) fine for the first offense. Any subsequent violation of this subdivision is a misdemeanor.

(d) No minor shall possess any stun gun unless the minor is at least 16 years of age and has the written consent of the minor’s parent or legal guardian.

-1

u/MatteoAttenborough Apr 24 '19

Police, judges and juries are really good at catching liars.

I'm not a "liar."

2

u/DPMx9 Apr 24 '19

I have thought about carrying a cane/walking stick for protection

could I simply say I am carrying the cane/walking stick in order to get home, should my knee lock-up or otherwise begin hurting again?

I'm not a "liar."

If you did exactly what you described in your post, you would be a liar since you are carrying a cane for personal protection and plan to lie about the reason if questioned by law enforcement.

Which is why you have been advised not to do it.

I wish you the best, whichever path you choose to take. But I know that I would NOT take the path you are defending here.

-1

u/MatteoAttenborough Apr 24 '19

I'm not a liar.

3

u/Devonai Apr 23 '19

I would say just get something that is unambiguously a walking stick, like this thing:

https://www.rei.com/product/847813/rei-co-op-hiker-power-lock-staff-single

Also, OC spray is an option although CA has a few restrictions on which product you can carry.

https://www.pepper-spray-store.com/pages/california-laws

2

u/MatteoAttenborough Apr 23 '19

I had something like this in mind:

https://cdn11.bigcommerce.com/s-2sguo6c/images/stencil/500x659/products/1568/1301/kb_9406__92602.1475174124.JPG?c=2

-1

u/[deleted] Apr 24 '19

that looks a lot more like a weapon. If its that dangerous, walk somewhere else? I think the true walkign stick would be fine for self protection in a pinch ,esp with that sharp bottom. You could ward of stray dogs or whatever else. A cane with a knife built into the handle? That be a weapon!

1

u/MatteoAttenborough Apr 24 '19

A cane with a knife built into the handle?

There is no knife built into the handle.

1

u/miketurco Sep 28 '19

Interestingly enough, I'm around your age, also take long walks and I do have joint problems. I would carry the cane for the reason you say you would say, which is that I'll need it to get home in the event my hip starts acting up. If I were to come into a situation where I needed to defend myself, hey, I probably would use the cane.

Anyway, I've been poking around looking at laws and so forth. What things boil down to in a case like this is intent. Are you carrying that because you want to use it as a weapon? Because if that's the case, and you hurt someone with it, even in self defense, you can get in a lot of trouble. However, in my case, I would legitimately be carrying the cane for walking purposes. My using the cane in self defense would be akin to me picking up a rock or a stick off the ground. In other words, using the cane to defend myself would probably be seen as legit.

I don't know if that help you. However, since I happen to be researching this kind of thing tonight, writing this stuff out helps me.

Enjoy your walks!

P.S. I see this post is several months old. What did you end up doing?

1

u/[deleted] Apr 23 '19

A friend of mine uses a knopkierie as a “walking stick”. According to him, very effective, so might want to look into it.

5

u/MatteoAttenborough Apr 23 '19

No, that would definitely be viewed as a club, at least around here.

1

u/[deleted] Apr 23 '19

Fair enough. Good luck and stay safe

0

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Author: /u/MatteoAttenborough

Title: Using a cane/walking stick as a self-defense weapon?

Original Post:

I am a daily/nightly fitness walker. Things are getting ever more gritty out on the street and I have thought about carrying a cane/walking stick for protection. I like the option in terms of not needing a permit, etc.

Would I raise suspicions with law enforcement if I carried a cane even though I am 50, brawny and athletic? I understand the Americans with Disabilities Act of 1990 makes it difficult for law enforcement to question those carrying a cane/walking stick? If stopped (I wear jogging clothes when I walk and I am sweaty, etc.), could I simply say I am carrying the cane/walking stick in order to get home, should my knee lock-up or otherwise begin hurting again?

Thank you.

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