CA Knife Laws 101: A Primer
Knife carry laws in California are much more complicated than most people realize and have some very confusing gray areas. The good news is that, unlike some knife laws in other states where any knife considered illegal is prohibited no matter what the circumstances, California knife laws do include exceptions. And the California courts tend to be fairly lenient when the context of the carry situation is taken into account.
Ordinary carrying knives such as pocket knives with blades under 2 inches and non-locking blades under 3 inches are completely legal to carry. The only exception is if they are defined as deadly weapons by an individual locality ordinance restricting them (e.g., the local ordinance prohibiting daggers, dirks and knives with blades more than 4 inches in Alameda County).
However, when it comes to knives that can be categorized as daggers, dirks, knives with blades longer than 5.5 inches or knives with a fixed blade (sheath knives), carrying these is illegal either openly or concealed. The only way to legally carry them is if you meet the criteria for an exception under Penal Code Section 21310 (illegal knife carry) . There are also a number of exceptions in the law for a variety of specific occupations and interests, such as law enforcement, military service, and film-making interests.
In addition to those described above, a few more blades are included in the list of knives that must be kept out of sight unless you have an exception under Penal Code Section 21310 (illegal knife carry):
While ordinary pocket knives are legal to carry, remember that there are some restrictions on how you can display or use them. Using a pocket knife in a threatening way, such as brandishing it, is illegal, as would carrying it in an area considered a sensitive place under California law. Although it was not established in the record of the case, common knowledge about the events leading up to the 2018 decision of Anderson vs. County of Shasta, 2018 Cal.App.LEXIS 8459, suggests that the knife in the officer in this case was being carried in an unusual way. The Sheath Knife Case also demonstrates how using a knife that is otherwise legal to carry in a threatening manner can lead to charges of illegal knife carry.
Different Types of Knives and Their Legal Classifications
There are many different types of knives that have varying legal status in California. Switchblades, also known as automatic knives, are always illegal in California. It is illegal to sell them (PC 21510), own them (PC 21510) or carry them (PC 21500) in California. There is one curiously narrow exception to the law, where ownership is permissible if the knife existed with a blade of 2 inches or less in 1958, i.e. it was "grandfathered" into legality. However, you still cannot carry it. Folding knives, also known as a folding blade, folding blade, folding sheath knife, or pocket knife, are legal to both own and carry in California. Note however that under PC 17731 careful attention must be paid to the length of the blade, i.e. no more than four inches in length and no concealed carry generally. Fixed blade knives are also legal to both own and carry in California as long as the blade does not reach a defined "dagger" status. Dagger status is in the eye of the beholder, and is generally understood as having two sharp edges, and the ability to straight punch into another’s body. Practical experience has indicated to our office as a rule of thumb that if the fixed blade knife is over five inches in length, it will be interpreted as a dagger and subject to penalties under PC 21310 for concealable knives.
Open Carry or Concealed Carry?
With most weapons there is a general legal distinction between "open carry" and "concealed carry". This distinction is important when it comes to knife laws because they can be morphed into crimes carrying stiff penalties if one carries them inappropriately. Penal Code section 12050 (the Concealed Carry Statute) defines a concealed knife as being "carried upon the person (or on the immediate physical control of a person) in such a manner that the knife is not observable by ordinary observation." An open knife is the opposite. The new California Knife Law requires that all knives that have a blade longer than 2 inches be carried in an open state once removed from its case or sheath. If the blades length doesn’t extend two inches, then the knife is considered a "dirk or dagger" and the individual cannot carry it on his or her person unless he is designated as a fixed-blade job like a butcher or chef. Other than those limited exceptions outlined by the statute, an individual is not permitted to carry any fixed blade knife.
If an individual carries, gives, exhibits, or sells any dirk, dagger, or concealed knife that exceeds 2 inches, that individual faces a misdemeanor charge and up to six months in county jail. If, however, a person carries a large knife (one with a blade in excess of 4 inches) in a concealed manner, he or she is looking at a 3 year felony charge. As to whether a knife is concealed or not, California Courts have ruled that it is up to the police officer’s discretion as to whether the knife was concealed or not. In other words, if the officer could have seen it, then it wasn’t concealed. And, as a result, the witness/police officer would be allowed to appear before the court to testify that the knife which was allegedly concealed was, in fact, not concealed as a factual matter. The Courts have stated though that the officers are to take into account "all of the circumstances of the case." Hence, in one California case, a knife was found in a girl’s bra, and due to the nature of the whole situation, the Court found that even though technically the blade would have been visible, the officer should have known it was not in fact visible. Hence an objective standard and not a legal standard should be used to determine if a weapon is in fact concealed. As an aside, for weapons laws, "dagger and dirk" include anything that could cause a substantial amount of bodily harm (i.e., swords, stilettos, push daggers, etc.) A dirk is essentially a knife with a blade greater than 3 inches and can be classified as a weapon for the purposes of Weapons Laws in California. So the fine line is that you can’t carry a dirk/dagger or any weapon over 4 inches on your person unless you are doing it for a living and it is an essential element of your job.
Carrying Knives: Age Requirements
California law imposes certain restrictions on younger adults and minors in connection with carriage of knives. Pen. Code 653.10, 12020, 12025, 12026.5, 17700. To begin with, there is a legal prohibition on minors possessing dirks or daggers, and on minors carrying dirks or daggers concealed. Minors are also prohibited from possessing or carrying switchblades that are 2" or longer. Pen. Code 17310, 12020(a)(4). If they do, they will be subject to detention in a juvenile facility for up to one year, or if over age 16, they may be sentenced to imprisonment in the county jail for up to thirty days. Pen. Code 17510. There is also a restriction on minors possessing "ballistic knives." Ballistic knives are defined as knives having a blade that may be launched by a spring-operated mechanism. Possessing such a knife is a misdemeanor. Of course, even if a minor is not possessing such knife, there is a prohibition on them carrying it concealed. Pen. Code 17310, 12025(c). Dirks are defined as a "dagger with a rigid blade that is usually pointed and stiff and is commonly used for stabbing." Daggers are defined as "a dagger-sharp pointed knife designed or capable of being used for stabbing and which may have had or may now have a rigid protective hilt or guard that limits slippage of the user’s hand." The width of the blade of a dirk and daggers is not to exceed 5 inches at the base, and the length of the blade is not to exceed 12 inches in length. Pen. Code 17235. There are also restrictions on what certain types of knives a minor may carry. It is illegal for any person under age eighteen to carry concealed "large knives." A "large knife" is defined as one having a blade length of 4 inches or more, with the blade being measured from tip to the hilt, which is defined as "the strap or binding, if any, used to secure the handle to the blade." Pen. Code 653.10, 653.2. Thus, it is legal for a person under age eighteen to carry concealed knives with blades measuring 3 ¾" long or shorter. In addition to the restriction on minors carrying concealed large knives, there is also a prohibition on minors openly carrying large knives on a public street. Pen Code. 20200; Cal. Admin. Code 52.4.01.
Carrying Knives in Schools, Government Buildings
California knife laws prohibit knife carry in certain sensitive areas. The relevant statutes are enacted in Penal Code sections 626.10 and 171b PC. There are slightly different rules depending upon the location.
Under Penal Code 626.10 PC knife carry on school grounds is prohibited with certain exceptions (e.g. butcher knives and butcher-style knives above 4 inches are prohibited on school property). For example, carrying dirk knives or daggers on school grounds is illegal.
Violating the above laws is a misdemeanor . Mere possession of these restricted knives when unaided by other circumstances to affect the peace may not constitute disorderly conduct.
Section 171b PC prohibits dirk knives and daggers in public or private buildings. "Public buildings" include places such as airports, courthouses and other government facilities. There are some exceptions. For example, machetes and swords can be carried in certain places.
Penal Code 171b PC is a wobbler which means it can be a misdemeanor or felony charge. Carrying a machete or sword into a public building is a felony.
Knives: Permits to Carry, Exceptions
As mentioned above, all knives have different reasons and circumstances for carrying. In California, there are special exceptions established for a few of those reasons. In order to be brought to the attention of those exceptions, they must be addressed.
To those exceptions:
First things first though. According to California Penal Code 21310, section C: "Section 21310, 21310, 21310 does not apply to knives, dirks, daggers, and stiletto knives that are carried upon a person in a locked sheath, secured in a locked container." In other words, while you can’t purchase even folding knives (with the exception of inertia and gravity tired knives) without being at least 18 years old, having, possessing, or using knives that are stored in a locked container or sheath is legal. But don’t think this makes it okay to store them in your car, because, as mentioned in the article on car carry laws, the container must be locked inside your car for it to be lawfully stored.
However, those who are exempt from this law are jobs or professions that require you to handle knives that would be illegal for typical civilians under California law. Such jobs include but are not limited to: Electricians, landscapers, carpenters, butcher, chefs, etc.
Not only are jobs allowed to use revovling and undetectable knives, but employees of government agents can also use knives in their line of work. For instance, corrections officers, medical staff working in prisons, and catchers of sea lions are all employees who can handle prohibited knives in California.
Violating Knife Laws: Consequences
All criminal violations of knife laws in California are misdemeanors punishable by a fine of up to $1,000 or up to one year in the county jail, or both. Of course, a criminal violation generally does not lead to a fine or jail sentence. Therefore, knife violations would generally result in a misdemeanor record. Other legal consequences include those for violation of conditions of probation, which may include loss of an expungement motion. (See below for more on expungements and their potential loss due to violation of probation.) The unlisted felony exceptions carry a possible strike, where the violation is a felony and not a wobbler. Essentially, violation of the knife laws may be a conviction or charge, or if on probation for another offense a violation of the conditions of probation, which can include a potential return to prison. Even a charge, not leading to conviction, can have the effect of a strike. Frequent violations can trigger being "dealt with" per Penal Code section 1203.4(g). Conviction of multiple misdemeanors could lead to a felony conviction under Penal Code section 666, making you a "three striker," even though the crimes were all misdemeanors.
Knife Laws – Changes and Recent Developments in California
California law has undergone significant changes since the First District Court of Appeals found the longstanding section 12020(a)(4) of the Penal Code, which banned switchblade knives, to be unconstitutional on September 3, 2014. In that case, the Court ruled that the law was unconstitutionally vague, and so broad as to ban knives as ordinary as the common pocketknife. The Court ordered the Legislature to pass a valid statute preventing unrestricted carry of automatic knives, or else the ban would be withdrawn and possession would be permitted in public. In response, the Legislature added section 21510 to the Penal Code on June 6, 2016, which bans switchblades and automatics with blades over two inches in length.
On July 1, 2016, a new section 17235 was also added to the Penal Code, which defines "dirk" to mean "any knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death." This new section is an effort to provide a clearer definition of dirk in light of the recent appellate court decision of Peihino v. City of Monterey Park, which found that section 12020(f) was unconstitutionally vague to the extent it referenced "commonly known as a ‘dirk’ or ‘dagger’" without further definition. In response, the Legislature not only defined the term "dirk," but specified in section 17300 that it was not intended to be a gun ban or otherwise limit any previous congressional action.
When a knife is found in a state building or in a Westfield mall (San Francisco/ San Jose area) , it will be seized pursuant to Government Code 7114 and Government Code 3201 respectively. These knives are typically sent to the representative handling the law violation. These agencies are not set up to receive any knives found at the venue in violation of the state law. This year So, all knives are being received by the California Highway Patrol. If they are not accepted by the local law enforcement agency but instead are sent to the California Highway Patrol, you can request the return of your knife by sending a letter to the CHP with the particulars listed below:
- Date seized and place seized
- Description of the knife, including any serial number
- Full name and address of the owner
- Photo of the knife
The requester will usually receive a reply letter with two options:
– You can appear personally at the post office box listed in the letter and plead your case, noting that the engineer of knife checks knives are legal under federal law. Presenting this argument usually results in release of the knife.
– The second option is if you are too busy, you can send in the letter and request the return of your knife. This may involve a hearing before a judge to determine the disposition of the knife.
There is no guarantee if you choose the second option that you will get a court hearing. Our office has heard of instances where the local law enforcement agency sometime writes a letter stating the knife may be returned to its owner rather than send it to the California Highway Patrol to establish a hearing.
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