Legal News

Cal Supremes say a footrest is a footrest is a footrest

By Richard Binder

Overturning two lower courts, the California Supreme Court ruled yesterday that state law does not prohibit people from carrying bicycle footrests, even though police say some gang members use the parts as illegal metal knuckles.

The case arose from the trial of a 14-year-old boy in Juvenile Court for possession of such a footrest, and the judge agreed with police contentions that the device was to be used as a weapon. The state high court took issue, saying that unlike metal knuckles a footrest was not worn on the hand - this in spite of what Attorney General Jerry Brown's office wrote in favor of prosecution, comparing the footrests to "clutch purses."

Justice Carol A. Corrigan wrote in the decision that even if the fashion industry considers purses to be worn, "it is unlikely that the Legislature would have considered it in connection with a weapons statute."

Full post as published by Legal Pad | LA on February 09, 2010 (boomark / email).