Key Takeaways about California Knife Law
Knife laws in California are mainly found in the Penal Code Section 16590 (felony possession, sales, manufacture, or importation of a switchblade, daggers, dirks, ballistic knives, and stilettos) and Penal Code Section 17235 ["dirk or dagger"]. A penalty for not having your dirk or dagger sheathed is also found in Penal Code Section 21310. Also, being concealedly in possession of a dirk or dagger at a school or a university campus is prohibited by Penal Code Section 626.10.
Dirks are stab- or dagger-like knives having a rigid blade with the two sharp edges meeting at an angle to form a sharp point. Officials state that this form of blade makes them especially suited for penetrating the body, destroying internal organs, and piercing blood vessels. A "dirk" is defined in Penal code section 17235 as "any knife or other instrument with or without a handguard that is fixed-bladed with a blade that is two or more inches in length." A dagger is defined in Penal Code section 17235 as "any knife with a fixed blade that is capable of ready deployment at all times from sheathing or other means of containment." A "dagger" is further defined in Penal Code section 17310 as a "straight-edged knife that is pointed or sharply tapering, having the appearance of a thrusting weapon."
Penal Code 16590 broadly defines a switchblade . California Penal Code section 16250 goes on to define a switchblade: "Any knife, including but not limited to a "ballistic knife," which has the appearance of a pocket knife, except that the blade is released from the handle or hilt by a spring-loaded mechanism or other device, and when released opens to an exposed position locked by pressure on the handle, except that as used in this chapter, "ballistic knife" means a knife with an automatic blade release that propels the blade. A multi-edged blade that has a small flipper or stud which guards the handle and is placed on the blade so it cannot fold back into the handle unless the blade, held under constant pressure, is released. The front part of the arms of the launching mechanism must be connected to the blade itself. It is a crime to possess a switchblade knife on the grounds of or within an institution under the jurisdiction of or in custody of the Department of Corrections and Rehabilitation or the Division of Juvenile Facilities (DC 4502)." If you have a switchblade, it may also be considered a dagger or dirk. Many knives fall under the ban, including, but not limited to: butterfly knives, also known as balisong; stilettos, sword canes, cane swords, and push-knives. Penal Code section 16590 imposes felony charges on individuals who bring any of these types of knives into California. Blade length is important, but the method of opening the knife is also considered.
Which Knives You Can Legally Carry
The following types of knives are legal, and may be carried in California, with the exceptions noted below:
Pen Knives or Ballpoint Knives
A pen knife, or ballpoint knife, is a pocket knife that is similar in design to a ballpoint pen. It has a retractable blade and, since it looks like a pen, is often not seen as a knife when concealed in the pocket. However, concealing knives and carrying them is different from opening them and exhibiting them.
Folding Blade Knives
A standard folding knife, including Swiss Army knives, is also legal to carry in California. Again, if the folding knife is concealed in the pocket, it is legal to carry.
Dirks and Daggers
Dirks are basically knives that are worn in a sheath on the belt with the blade exposed. Daggers typically have two sharp edges, while single edge knives are known as stabbing knives. Although these knives are considered daggers or dirks, they may legally be worn in a sheath on your belt. However, if a dirk or dagger is a concealed weapon or is not in a sheath, it is illegal to carry in California.
Balisongs or Butterfly Knives
Balisong knives or butterfly knives are legal to carry in California, but cannot be concealed on a person.
Which Knives Are Illegal and What Happens If You Get Caught With One
Switchblade Knives. It is illegal to carry a switchblade knife with a blade two inches or longer if it is carried concealed on a person, or if it is carried unconcealed upon the person in a restricted area, such as a school. Penal Code section 21201(b). Punishment for possessing a switchblade knife is up to six months in jail and/or a fine of $1,000.
Ballistic Knives. It is illegal to carry a ballistic knife in California. Penal Code section 21110. Persons caught carrying a ballistic knife will be charged with a felony and face punishment of up to three years in state prison and fines up to $1,000. Defenses to these charges include lacking knowledge or knowing possession of the weapon.
Blade Length. If a person carries a knife with a blade greater than five and one-half inches in public, they will be charged with a felony and face up to three years in state prison under Penal Code section 21310, unless they are a peace officer or licensed contractor. Persons convicted of this offense will not be eligible for probation or parole and it is a "strike" offense under California’s Three Strikes Law. A "strike offense" applies to persons who have multiple felony convictions. More specifically, if someone has one strike offense under California’s Three Strikes Law, and they are subsequently convicted of any crime, their sentence will be increased to double the normal term; if they have two strike offenses, their conviction will lead to a sentence of life in prison with the possibility of parole after 25 years; if they have three strikes, they receive a life sentence without the possibility of parole.
Open Carry vs. Concealed Carry of Knives In California
California knife laws differ on concealed and open carry. California Penal Code section 12020 prohibits the concealed carry of a dirk or dagger. (PC 12020(a)(4)) It defines a hidden or concealed knife as "one that is not discernible by ordinary observation." (PC 12020(b)(4) and see People v. Mitchell, (2012) 208 Cal.App.4th 9, 14.) It is also unlawful under Penal Code section 21310 to carry concealed a switchblade knife with a blade length of two inches or longer. (PC 21310(a)) But carrying the following types of knives is generally not prohibited: A dirk or dagger is an illegal size dirk or dagger if the blade’s exposed length is more than two inches. Because a dirk or dagger is "any fixed-blade knife that may be used as a stabbing weapon" and the term "dagger" includes "any straight-edged stabbing weapon, such as a stiletto," many types of knives are considered illegal-size daggers or dirks. (PC 17290 and see People v. Rubalcaba, (2000) 23 Cal.4th 322, 329.) The key to their illegality is that they are concealed when they exceed two inches in the exposed-length measurement.
Based on the language of Penal Code section 12020, carrying a dirk or dagger concealed is prohibited. But open carry of a dirk or dagger is not expressly prohibited under any of the sections that define a dirk or dagger. Legal scholars have said this means that individuals can carry dirks or daggers openly, or concealed under their clothing out of public view. (People v. Rubalcaba, (2000) 23 Cal.4th 322, 330; People v. Mattson, (1959) 51 Cal.2d 512, 516.) Courts have ruled similarly. (See People v. Wharton, (1991) 53 Cal.3d 522, 575.) However, California attorney general opinions point out that California Penal Code does not explicitly allow for open-carry. (See 84 Ops. Cal. Atty. Gen. No. 60 at *7, Aug. 12, 2001.)
Thus, a dirk or dagger must be concealed to be illegal. Open carry of a dirk or dagger, if done lawfully, is not illegal. Despite statements from some court opinions, California attorney general opinions, and law enforcement agencies that open carry is not unlawful under the general prohibited carrying laws of California, some California appellate justices have expressed doubts about whether common law permits open carry. (See In re Karpowitz, (2006) 138 Cal.App.4th 1117, 1126 fn. 14.) California courts however have not directly decided the issue of whether common law allows open carry of a dirk or dagger.
Switchblades defined as illegal under Penal Code section 21130 also cannot be concealed. Those knives have a blade length of two or more inches and can include knives that are opened using a flick of the thumb, an automatic spring-loaded opening blade, or the Moran-style button. (PC 17235)
The following are legal to carry under California Penal Code section 12020(a)(3): The following are legal to carry under California Penal Code section 21310(a): Buying, selling, transferring, or giving away dirk or daggers, balisongs, stiletto blades, or concealed, fixed-blade knives is illegal under California Penal Code section 12020(a)(5).
Exceptions and Special Protections
California has some special rules about the carry of knives. Below are just some examples of the exceptions and special rules that can apply:
As mentioned above, for purposes of California law a regular folding knife does not include a locking blade. In other words, if a "regular" folding knife is considered a deadly weapon, a locking knife almost certainly qualifies as a switchblade knife (at least in terms of the definition of a switchblade knife).
These knives are legitimate exceptions, although the law doesn’t do a great job at making them clear. No one wants to be tagged with a switchblade conviction when they’re simply using a pitchfork or hoe on their farm , or even a fixed blade knife as a chef.
There are several exceptions to the general rules. Here is one example: If the folding knife is seized by a uniformed school security officer and held until the end of the school day and the pupil’s parent has been notified, it is not an offense under Section 626.10(a).
In other words, the folding knife is not an illegal knife. Or, better stated, it is not an offense for the pupil to possess any of the prohibited knives so long as certain legal requirements are met.
The penalties for carrying a dirk or dagger in California include:
“Intent” Under the Law
Of all the factors that go into the legality of a knife under California law, "intent" is perhaps the most slippery and difficult to define. Many oculist students of California knife laws have referred to intent as that undefinable quality that makes a knife illegal; and this has some truth to it. In other words, intent can be a deciding factor in the legality of an otherwise legal knife. For example, the PC 20110 seesaw blade is an illegal folding knife under California law. That means that if you’re caught with a seesaw blade knife, you are guilty of possessing an illegal knife. But, the RCW 9.41.250 (the Washington equivalent of our PC 20110) allows ownership of seesaw knives as long as the owner’s intent is not "to use it as a weapon." So the law does not consider the knife illegal in and of itself but rather the possession of an otherwise legal knife can be illegal if the intent was to use it as a weapon. Keep this in mind; as this is the crux of most California knife laws. In a similar vein, the PC 21110 saw blade knife is a consummate example. In California, the saw blade knife is illegal and so long as you’ve been properly charged with illegal possession, you will have no ground to stand on in an appeal. Even though the spirit of the law prohibiting illegal knives is to prevent the use of knives as weapons, the mere possession of a knife that fits the definition of an illegal knife under California law will result in a conviction of illegal possession. However, as I mentioned above, in Washington state this knife would be considered illegal only if there was intent to use it as a weapon. So in some states like Washington the knife is not illegal, but using it imparts illegal intent; and in others, possession is enough to make it illegal. And thus with more ambiguous and less common knives, such as the pushing knife, you need to know what your state’s knife laws say about the intent in order to understand the legality of carrying a pushing knife. Hopefully this helps clear up the meaning of intent in general with regard to California knife carry laws.
Recent Developments and Current Controversies
California’s knife carry laws are in constant flux. On January 1, 2015, AB 1532 amended California Penal Code Section 17230 (defining police weapons). Section 17230 previously listed "daggers" in its definition of "weapons," meaning any instrument with a sharp point or blade that can inflict great bodily injury or death by stabbing. As amended, the statute no longer contains that language, which likely caused daggers to fall out of the category of weapons under Section 17230. There is already a widespread consensus that blades over 4 inches that are not explicitly covered under Sections 17230 and 16590 may be carried. Restricted items under Penal Code Section 16590 include kerambits, dirks, and other stabbing knives with continuously sharpened edges. There is also a significant body of case law which presumes blades less than 2 inches long are ordinarily possessed for lawful purposes. Presumably, Section 17230 was amended to comport with these holdings.
However, not every dagger has been removed from the category of weapons. In People v. White, the Fourth Appellate District dealt with a so-called "push dagger." Although the court found that the blade of the dagger was not actually a stabbing knife under Section 16590 because the rivet covering the blade’s tip (allegedly) made it less lethal, the court nonetheless upheld the knife as a weapon under Section 17230. While its blade did not ‘pierce,’ as California courts had held was necessary for something to be a dagger under Section 17230, the push dagger’s bronze blade had sharp edges on either side (unlike a common folding knife, which has only one sharp edge). This holds open the possibility for less lethal daggers-that is, those that do not pierce, but do have sharp edges, to be classified as dangerous weapons.
In 2015, the Seventh Appellate District will likely decide whether this reasoning will hold. In People v. Villegas, 2014 Cal. App. LEXIS 8606, a split Third District panel agreed with the Fourth District’s reasoning in People v. White. The defendant was found guilty of carrying a "push knife" in his car’s center console, and the appellate court affirmed the conviction on the ground that the push knife fit the legislative definition of a sword cane because it had a hilt and covered blade. A companion case was recently decided by the Fifth Appellate District, which found that a cane sword was a weapon by analyzing whether the cane sword possessed the elements of a "coat," "a sword," and "a hidden or concealed feature." Fernandez v. Arrieta, 2015 Cal. App. LEXIS 515.
The upshot of these cases is that there is currently a split in the Courts of Appeal (the county appellate court immediately above the trial court) as to whether a "push knife" is a weapon under any of the different definitions of weapon in Penal Code Section 17230. What remains an ongoing area of contention is the ability of the courts to expand the definition of a dagger outside the usual meaning. If the Ninth Circuit grants review of the Villegas case, we can expect substantial commentary on how far California courts can theorize.
In an indirect development, CBP and ICE officials recently seized numerous martial arts weapons at a local warehouse. One can only speculate as to why ICE and CBP have resumed their former role—together with local law enforcement—as the minimum standard bearer of the nation’s knife and martial arts product importation laws. When a state’s laws are too vague for effective enforcement, officers have difficulty distinguishing between tool, toy, or collector item. Discretion usually involves recalling some standard in the federal law—that’s where the national law enforcement agencies come in. But with California’s knife legislation increasingly becoming a shooting target for judiciary and legislative discourse, local law enforcement may have a harder time saying "yes" or "no." The federal stance is generally "yes," unless a knife is designed to injure, maim, or kill. This means that overall, it may be better to import martial arts weapons in smaller numbers; California law enforcement certainly has a wider arsenal of reasons to confiscate.
Tips for Compliance
If you’re looking to legally carry a knife in California, here are some best practices to follow:
- Animal control officers, veterinarians, and officers investigating a crime or accident involving animals are exempt from the limitations in code sections 18720(a)(4) and (6).
- It’s illegal to sell, offer for sale, or import into California, knives, blades, or similar items that are disguised to look like other common items (see California Penal Code section 17235 and its exceptions). Common items that are nondescript and common can be used as a concealable knife (see People v. Tamez-Machado). It’s better to have a knife blade that’s distinct from other items and if you must bring in such items, use a small amount so that you’re low profile.
- The following individuals and organizations are exempt from knife carry restrictions: the armed forces of the United States; organizations engaged in training law enforcement personnel; California peace officers or military personnel when carrying knives in the course and scope of their duties; full-time employees of the Department of Fish and Wildlife, the Forestry and Fire Protection Agency of the Department of Natural Resources, and authorized public agencies engaged in enforcement of California fish and game laws, who carry knives in the course and scope of their duties .
- Use non-locking knives such as folding knives and folding knives with a blade less than 4 inches in length (California Penal Code section 16700(b)(1)). Many spring-assisted knives and flip open knives are folding, not fixed. However, any spring assisted knife with a blade over four inches in length is considered a "switchblade knife" under California Penal Code section 167(a). Even if it’s a folding knife, if it’s spring-assisted and has a blade of four inches or longer, don’t carry it.
- Be aware of any knife carry restrictions if you are on tribal land, school grounds, or a government building or facility. These locations usually limit the types of knives that can be carried as well as the manner in which they are carried.
- If you do need to carry such knives for a legitimate purpose, consider using a concealed carry card (CCW) issued by your county sheriff. Note that your local city or county might have restrictions on even these knives, so check your local and county ordinances. You should also research any rules or policies for the private property you plan to visit to see whether such knives are permitted.