How Are Knives Classified?
There are several forms of knives recognized under California law. Each of these types have their own legal definitions. These forms are: switchblade, dirk, dagger, concealed dirk or dagger, dangerous knife, and folding knife.
Switchblade: A switchblade is any knife or other blade that: (1) has the appearance of a pocket knife; (2) opens automatically by pressure on a button or other device in the handle; (3) is capable of being locked in the open position; and (4) is equipped with a blade over two inches in length.
Dirk: A dirk is a straight, stabbing knife with a blade over 5 ½ inches and often has a hilt or guard. The term "dirk" includes various forms of knives evolved from the "dag" dirk including the "dagger". In California, a knife classified as a "dirk" or "dagger" does not require concealed carry permits. This knife must be carried in sheaths or holsters.
Dagger: A dagger is a double-edged stabbing knife with a blade greater than 5 ½ inches. The term "dagger" includes various forms of knives evolved from the "dag" dirk including the dirk. In California, a knife classified as a "dagger" or "dirk" does not require concealed carry permits. At present , daggers and dirk are usually treated as one classification despite the definition of a "dirk" requiring that it has a hilt or guard.
Concealed Dirk or Dagger: A concealed dirk or dagger is any dirk or dagger with a blade greater than 5 ½ inches that is carried concealed upon the person. Carrying a concealed dirk or dagger is a misdemeanor as long as the weapon is not carried for unlawful purposes. Concealed dirk or dagger should not be confused with a dirk or dagger which are not carried concealed upon the person.
Dangerous Knife: A dangerous knife is any dirk or dagger with a blade greater than 2 ½ inches or a folding knife with a blade greater than 4 inches. A knife is considered dangerous if it is either (1) an instrument which is capable of ready use as a stabbing weapon that may inflict great bodily injury or death or (2) any dirk or dagger. An "instrument which is capable of ready use as a stabbing weapon that may inflict great bodily injury or death" is defined as any knife which may be used as a stabbing weapon capable of causing great bodily injury or death that may inflict great bodily injury or death unless the knife is folded into a closed position. However, a directory charging violation of these elements usually includes both standards in conjunctive so a knife that meet one standard may only be illegal to carry if carried for a unlawful purpose.
Which Knives You Can Legally Carry in California
In California, it is generally unlawful to carry any dirk or dagger, which are defined as "any stabbing instrument, such as a dirk or dagger and includes any knife that may be used as a stabbing weapon, i.e., a knife with a point that may be used for stabbing." Government Code § 417.10. However, unlike many other states, there are specific knives that can lawfully be carried in California, if they meet size restrictions or other limitations.
Generally, it is lawful to carry a knife that is not a dagger, dirk, "stabbing weapon" or forbidden "switchblade knife" (see below). For example, it is lawful to carry a hidden folding knife (footnote 2) that does not lock open, if the blade length is no more than 2.5 inches. Penal Code § 17235. In addition, California courts have concluded that folding knives that lock are legal to carry concealed as long as the blade length is no more than 4 inches. People v. Moore, 151 Cal.App.3d 509 (1984) (4" folding knife not prohibited weapon); People v. Kelly, 172 Cal.App.3d 1212 (1985) (4" folding knife not concealed dirk/dagger); People v. Flick, 18 Cal.App.3d 1017, 1019 (1971) (4-3/8" folding knife was folding knife that did not fall within the category of a dirk or dagger; felon did not have possession of a knife listed in Penal Code § 12020(a) because knife fell within exceptions of Penal Code § 12020(b)); People v. Danielson, 16 Cal.App.4th 894 (1993) (8" folding knife was not a dirk).
Some "ordinary pocket knives" may be legal to carry concealed under certain circumstances, but if they are legal at all, they must not be daggers, dirks, stabbing weapons, or switchblades. Under California law, folding knives 2 ½ inches or less are legal to carry openly; however, folding knives over that length that do not lock can be concealed. Folding knives are illegal to carry in public places (i.e., any place outside the home or business) unless they are clearly visible. Therefore, folding knives with a blade of no more than 2.5 inches can be carried concealed or openly without a license. A knife with a blade longer than 2.5 inches can only be carried openly (i.e. in plain view of anyone else) without a license.
The above requirements for folding knives do not apply to "dirks or daggers," which are stiletto or "switchblade knives," as they are defined in Penal Code §§ 17300 and 17235. A prohibited "dagger" or "dirk" is one that is over which the blade "is fixed in position by a set, screw, spring or other device and includes any similar instrument by whatever name known that meets any of the following criteria: a.) a blade that is fixed in position by a set, screw, spring, or other devise applying tension along two or more separate lines, b.) a blade that is immediately retractable by pressure on the handle, c.) a blade that folds, slides or shuts into the handle by ejection under spring pressure, d.) a knife with a blade that is folded, slid or shut into the handle by gravity while no pressure is being applied to the handle."
Also, it is important to remember that local ordinances can further restrict or prohibit the carry of knives.
Banned & Restricted Knives
Certain knives and blades are illegal to even carry in California, whether open or concealed. These knives must be left at home where they belong. If you have any of the following types of knives, do not carry them in any type of fashion while in California:
• Switchblade knives with a blade longer than 2 inches: A violation of Penal Code Section 21510, which relates to switchblades, is a misdemeanor carrying a maximum sentence of 6 months in county jail and/or fine of up to $1,000. However, if you are convicted a second time of possessing an illegal switchblade and are arrested for possession of a knife or any other dangerous weapon at the same time, then it is considered a felony violation of Penal Code Section 12301 PC and the potential penalties are up to one year in jail and/or a $1,000 fine.
• Ballistic knives: A violation of Penal Code Section 21100 PC carries a potential penalty of 6 months in county jail and/or a $1,000 fine.
• Knives with a blade longer than 5 ½ inches: Violations of Penal Code Section 21110 PC are misdemeanors that can land you in county jail for 6 months and/or a fine of $1,000.
• "Dirks" and daggers: The law defines these knives as "a 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 is a misdemeanor carrying the same penalties as above.
• Blade tipped darts: If you have these hidden in your hair, they are illegal and punishable by 6 months in county jail and/or a $1,000 fine.
Some sword canes can be illegal, depending on how they are made. A wooden sword with a blade that is easily removed is legal. In fact, a sword cane itself can be legal if the blade happens to be retractable and only comes out when properly activated.
Open Carry & Concealed Carry
**Open Carry Versus Concealed Carry of Knives in California**
From a legal standpoint, the primary concern with carrying a knife is whether it is concealed or not. That applies equally to both knives that are a straight edge and serrated knives that may be used for sawing. For the purpose of this article we are referring to pocket or folding knives that have one blade, a clip or punch knife, or some other type of blade that’s housed in a closed position or holder until you need it for something like a sawing motion. When you look at those two different situations, where does the law draw the line? For this discussion, we’ll put aside switchblade knives and dirks and daggers, as those are a class of knives unto themselves that require a special permit to carry without fear of criminal repercussions. If you are carrying a dirk, dagger, or switchblade knife then you probably already know that you are doing so illegally and are looking for a defense. If you are carrying a folding knife or pocket knife that isn’t a dirk or dagger, the law may be different for you depending upon whether you hold it in an open or closed position. The critical difference is whether your knife is concealed or visible. Open carry requires a small amount of paperwork and self-training. You will need to fill out the correct form to get a permit to carry and you will need to attend an approved course on how to carry your knife. There is very limited transportation of knives, even in the open carry position, without the correct permit. The key is that transportation means traveling from one place to another while carrying the knife. Think of the old George Carlin advertising slogan for Miller Beer – "the less u drink the more you drive" – and the fact that the law treats open carry in the same way you would a loaded firearm. Just because the beer is in the cooler in the back seat doesn’t mean that you aren’t committing an infraction by registering .08 on the breathalyzer. If you’re winding up using your knife, then you’re going to have to look at the possibility of bringing a defense attorney into the situation to limit the damage. Forget about getting a great result and coming away with no punishment. Until the Ninth Circuit Court of Appeals issues a new decision on the Second Amendment, the only way that you can get a good deal in the California courts is to hire counsel who can keep you from having a felony on your record. On the other hand, transporting a knife that is in the closed position does not seem to trigger the same sort of overreaction from law enforcement. There’s a convoluted explanation for it regarding the definition of concealed but the bottom line is that if you’re carrying a knife in the closed position in full view of whoever may pass you by at any time, then there is very little chance that you’ll be stopped or arrested for a violation of the laws regarding carrying a knife.
Knife Carry Laws by Jurisdiction
Laws pertaining to knife carrying differ when it comes to specific locales. For example, in California, you are not permitted to carry knives as you walk through a school zone, or even near one. This means no curved knives, dragon knives or certain knives whose blades are concealed within a metal sheath, among others. School zones are everywhere – including shopping malls and parking lots. So, if you have any reason to believe that you will be in an area where a school can be found, you are best protected if you don’t carry knives .
California also prohibits knife carrying into government buildings, courts and public transportation. There are exceptions to each of these laws, but you should be very careful when spending time in these particular places. The basic rule is that if you cannot legally bring a knife into an airport, church or daycare center, you may not bring the knife into a state or federal government office, arena or courthouse.
Penalties & Consequences
Violating California knife laws can result in a range of legal consequences and penalties. The severity of the punishment largely depends on the type of knife involved, the individual’s intentions, and the specific circumstances of the case.
For example, if a person is caught illegally carrying a prohibited knife or a switchblade, they could face misdemeanor charges. A conviction for a misdemeanor knife possession charge can lead to either a fine of up to $1,000, up to six months of jail time, or both. On the other hand, those who carry larger knives or switchblades in certain locations, such as schools, may face felony charges. Felony convictions can lead to up to three years in state prison, not to mention substantial fines.
Additionally, there may be further legal consequences for those charged with weapons offenses, particularly if they are involved in other criminal activities. For instance, individuals charged with gang-related crimes or violent offenses may face aggravated charges, which can lead to longer prison sentences and larger fines.
Given the potential legal consequences for knife-related offenses, it is important to be informed of and comply with California’s knife carry laws. Failure to do so can lead to significant legal issues, including increased penalties and longer sentences for any associated charges. As such, those who carry knives in California should take care to follow the laws closely and avoid taking any actions that might result in criminal charges.
How to Stay Up-to-Date on Knife Laws
It is critical to stay up to date on these new changes regularly and as new laws are passed. Moreover, relying on an opinion from one forum post or lawyer may be misleading: it is best to consult with multiple legal sources and law enforcement agencies. When faced with a case, hire a good lawyer with a practice focus on criminal law and self-defense . Many times a defense attorney will know the most current rulings.
There are several online resources to stay up to date in these matters which include the following: KnifeRights, The Knife Junkie, ssstactical.com. The state and local governments and knife groups will also provide legal information as needed.