Legal Question in Criminal Law in California
Is it illegal to carry a 10" chain with a bike lock on it. hooked to my belt loop and in my front pocket.
is it used to lock up my front brake rotor to my rim on my harvey davidson bager?
i did have key to lock on me.
4 Answers from Attorneys
Um, yeah, it is a Harley Davidson. And a bager? What is that?
California Penal Code �12020 makes it illegal to possess a slungshot, which is a weight on the end of a rope, chain, or other flexible material that can be used to whack somebody on the head.
Bike locks and chains are commonly used to make slungshots. Even if you had a legitimate use for the lock and chain, it could be a slungshot if you carried it with the intent to use it as a weapon, even in self defense.
You may have a hard time explaining why you had the lock and chain without the bike or key.
Violation of Penal Code �12020 is a "wobbler" that can be charged as a felony or misdemeanor.
I assume that you are riding your bike when you have the chain and lock hooked to your belt and front pocket. Otherwise, the chain and lock should be locking up your front brake rotor as you stated as their purpose. If you are walking around with them no one is going to believe your explanation because they should be locking up your bike and not hanging from your belt and pocket, especially the police. In addition, I am sure your Harley has ample storage space so you do not have to wear your chain and lock as fashion accessory.
You'll get the answer to that at the conclusion of the legal charges and proceedings. It will come as a result of all your facts, evidence, law, etc. being used in your defense in appropriate motions, plea bargaining, or trial. If serious about getting counsel to do so, feel free to contact me. Unlike some others here, I do know what a bagger is, although I ride a crotch rocket.
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