In Re Rosalio S.

In this case, we are asked to interpret the word "blade" as used in Penal Code [1] section 626.10, subdivision (a), which outlaws the possession of various knives and other weapons on school campuses. Specifically, for purposes of this case, the statute outlaws possession on a school campus of a "knife having a blade longer than 2 1/2 inches." (§ 626.10, subd. (a).)

On April 18, 1994, Rosalio was a student at Poway High School. A friend of his threatened another student with a knife, which was part of a leatherman's tool. Rosalio's friend gave him the leatherman's tool. The assistant principal of the school called Rosalio to the office after he learned that Rosalio had the leatherman's tool. Rosalio took the leatherman's tool from his backpack and handed it to the assistant principal. Rosalio was arrested for violation of section 626.10, subdivision (a).

On May 25, 1994, the district attorney's office filed a petition in juvenile court alleging Rosalio came within the provisions of Welfare and Institutions Code section 602 by virtue of his unlawful possession of a butterfly knife on a public school campus in violation of section 626.10, subdivision (a). The…

*777 Opinion

In this case, we are asked to interpret the word “blade” as used in Penal Code 1 section 626.10, subdivision (a), which outlaws the possession of various knives and other weapons on school campuses. Specifically, for purposes of this case, the statute outlaws possession on a school campus of a “knife having a blade longer than 2 1/2 inches.” (§ 626.10, subd. (a).)

Factual and Procedural Background

On April 18,1994, Rosalio was a student at Poway High School. A friend of his threatened another student with a knife, which was part of a leather-man’s tool. Rosalie’s friend gave him the leatherman’s tool. The assistant principal of the school called Rosalio to the office after he learned that Rosalio had the leatherman’s tool. Rosalio took the leatherman’s tool from his backpack and handed it to the assistant principal. Rosalio was arrested for violation of section 626.10, subdivision (a).

On May 25, 1994, the district attorney’s office filed a petition in juvenile court alleging Rosalio came within the provisions of Welfare and Institutions Code section 602 by virtue of his unlawful possession of a butterfly knife on a public school campus in violation of section…

The majority has accomplished able research into the question of what the Legislature meant when it included in its definition of instruments prohibited from possession on school grounds a “knife having a blade longer than two and one-half inches.” It has, in fact, plumbed the depth of authority on this somewhat narrow issue, having exhaustively researched both dictionary definitions (which have not resolved the matter) and legislative history (which did not help either). Having nowhere else to turn, the majority reaches its conclusion by its own perceptive reading of the statute.

I have no grounds for a conclusion on this issue other than those recited in the majority’s opinion. When required to resort simply to a commonsense *782 approach, as indeed I construe to be the attempt of the majority, I come, however, to a contrary result.

It seems reasonable to me to think that when the Legislature was defining and describing the various weapons it did not want on school grounds its purpose was to preclude instruments which were capable of inflicting a certain degree of injury. Since knives with blades of less than two and one-half inches were excluded from preclusion, the…