In the United States of America our system of justice is one of the most direct links between citizens and government. If you've ever been stopped for a traffic infraction, been arrested, been a victim of crime, served on a jury or been sued civilly you have been involved in our judicial system. Everyday on the news we see stories involving crime or civil disputes. In a nation of laws, our legal system affects everybody either directly or indirectly.
So what's the point of this blog? Well in short, its to point out crazy, inconsistent, or otherwise irrational laws that currently exist. My hope is that by pointing out these legal conundrums we as citizens of this great nation will become more aware of and perhaps more involved in directing our justice system toward rationality.
Why Buggy Whips? Historically a Buggy Whip law is defined as any law that has outlasted its usefulness or has become redundant. With the advent of the automobile in the early 20th Century the statutes regarding the length and type of buggy whips to be used on horse drawn transport became unnecessary. However for a number of years after the demise of the horse and buggy these laws remained on the books. They became useless and unneeded, just like some modern laws still on the books. Why BS?.... well thats pretty obvious. A lot of laws are just BS, politically expedient knee jerk reactions to current events passed by politicians on both sides of the fence to make it look like they are "doing something" about crime or injustice. A lot of these laws are poorly written, redundant or unenforceable, hence...BS!
Who am I to say what laws are BS? Well I've been a cop for 23 years in a large Southern California city. During that time I've seen and been involved in the justice system all the way from beginning to end. I've talked to many legal experts and studied the law as part of my profession and believe that both my experience and education give me a unique perspective on how our legal system works, or doesn't. You may not agree with all of what I have to say. Thats OK, I expect it and encourage you to comment on my posts. More importantly I would like to see my readers engage their law makers and encourage them to make changes to our system that will make our laws, fairer, more just and most importantly more rational.
So lets get started, with one of my personal favorites. Section 12021 of the California Penal Code (PC) makes it a felony to be in possession of Nunchaku. A Nunchaku is a martial arts weapon consisting of a pair of sticks connected by a rope or chain. The origin of this weapon has its roots as a agricultural tool used by farmers in Japan. It was originally used to thresh rice but was converted to a weapon when feudal Samurai made it illegal for peasants to possess swords. Nunchaku are dangerous for sure, but without expert instruction they are as deadly to the user as they are to opponent. I have used Nunchaku as part of martial art training and smacked myself on the legs, arms and head more times than I can remember. Possession of Nunchaku is a felony. That means you can go to state prison for having a pair outside of a martial arts school (Up to one year of prison time if convicted)
Section 12025 PC makes it a misdemeanor to carry a concealed firearm without a permit in California. If convicted you can get between three and six months in county jail for carrying a concealed firearm.
This makes no sense. The punishment for carrying a rice threshing tool is greater than for walking around with a hidden handgun? How is this rational or prudent in a civilized society? In my opinion the punishments for these crimes should be reversed. It should be a felony to carry a concealed firearm without a permit and a misdemeanor to carry Nunchaku.
This is but the first in a long line of irrational or redundant laws currently in existence. Looks like I'll have a lot to write about in the future.
Hope you enjoy my blog.
