Gerardo

Defendant Roman Alberto Gerardo was charged in a misdemeanor complaint with a violation of section 9.16.053 of the City of Page Supp. 4 Commerce Municipal Code (hereafter section 9.16.053), which prohibits the carrying of knives or dirks in plain view. [1] Specifically, Los Angeles County Sheriff Department complaint report, No. 184-07639-0242-152, alleges that two sheriff's deputies were patrolling Whittier Boulevard on a crowded and dangerous "cruise night" on May 28, 1984, at 1:10 a.m. The deputies saw defendant, a member of the El Sereno gang, wearing a hunting knife with a six-inch blade on his belt.

On July 19, 1984, defendant filed a written demurrer to the complaint on the ground that the latter failed to allege a public offense. (Pen. Code, § 1004, subd. 4.) Defendant took the position that section 9.16.053 is invalid for the dual reasons that its proscription against carrying knives or dirks in plain view is in direct conflict with state law and that the state has impliedly preempted the field of knife, dirk, and dagger regulation.

With regard to his first reason, defendant pointed out that in enacting Penal Code section 12020, which proscribes…