California'south knife laws can exist disruptive and sometimes inconsistent. If y'all programme to ain or deport certain types of knives, a amend agreement of the laws can assistance you to avoid the aggravation and cost of a weapons charge.

Y'all should keep in listen, notwithstanding, that carrying a knife or weapon of any kind increases your likelihood of unpleasant encounters with police force enforcement. Information technology is not uncommon for constabulary enforcement officers to incorrectly make weapons-related arrests when a police force hasn't been cleaved; and even if you lot are able to avoid a confidence, y'all are all the same field of study to the hassle of missing piece of work and paying any related fees.

If you lot have been charged with a pocketknife-related crime, a competent attorney who understands the ins and outs of California's pocketknife laws tin can assess your example and discover the best defense strategy for yous.

What types of knives are legal to carry in California?

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At that place are two of import factors when information technology comes to possessing and conveying knives in California: (1) whether the blazon of knife is legal or restricted and (2) the open up carry law. In California, it is legal to purchase, own, ship, and conduct any knife that is not restricted.

The three nearly mutual types of knives — switchblades, folding knives, and fixed blade knives (also known as dirks and daggers) — take certain rules surrounding them and are explained in more than detail beneath. The open carry law states that the hilt or handle of a knife cannot exist hidden (or curtained), even by clothing or the pocketknife's sheath. This law exists as a style to ensure that anyone effectually the person carrying the knife can clearly see information technology in order to prevent surprise attacks.

Switchblades

A switchblade (which may be known by many other names including a "pushbutton knife" or "ejector knife") has a blade which is contained inside the handle and is opened automatically by a spring by pushing a button or switch on the handle. Switchblades with blades longer than 2" are illegal to comport in California .

Folding knives

Folding knives are knives that are opened by applying pressure to the blade(s) of the pocketknife and have a machinery that provides resistance in opening the blade. This includes a "knife" or "Swiss army knife," box cutter, or "utility pocketknife." According to California Penal Code Department 17235, all folding knives are legal in the country and may be concealed every bit long as they are in the folded position. In that location is likewise no brake on the blade length of a folding pocketknife .

Fixed bract knives (dirks and daggers)

A stock-still blade knife is 1 without a folding mechanism. A kitchen knife is a common example. Ice picks and other objects may as well exist included in this category. In terms of California law, the words "dirk" and "dagger" hateful the aforementioned thing: a knife that tin be readily used as a stabbing weapon. In California, Dirks and daggers and other sheath knives must be carried openly and cannot be curtained .

What types of knives are illegal to carry in California?

In California, certain knives are illegal to carry, particularly if they are misleading or undetectable. In general, knives that are illegal are those which are nigh commonly used to commit crimes and do non have an obvious employ as a tool or wait like knives.

Knives that are illegal to possess in California include:

  • Cane knives
  • Air gauge knives
  • Lipstick knives
  • Bet buckle knives
  • Writing pen knives
  • Switchblades with a blade longer than ii"
  • Ballistic knives

It is not illegal to behave dirks and daggers as long as they are carried openly. Although they may not exist carried in a briefcase, purse, or other container, they may exist carried openly in a sheath worn on the waist.

Specific codes and restrictions

In addition to laws pertaining to certain kinds of knives, at that place are also specific restrictions on carrying knives into public buildings, properties owned past the Us government, and schools.

Knives in public buildings – penal lawmaking 171b PC

According to Penal Code 171b, certain knives are illegal to take in your possession when y'all are in a country or local public building. These illegal knives are:

  • Switchblades
  • A fixed blade knife with a blade longer than four"
  • Any knife restricted in the state of California (listed above)

Restrictions on knives in California schools

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Nether Penal Lawmaking 626.10(a)(ane) and (2), it is illegal to have certain knives in your possession on the post-obit California schoolhouse premises:

  • California State Academy
  • University of California
  • Any private university
  • California Community Colleges
  • Any schoolhouse that instructs grades K-12

Knives that are prohibited on these premises are:

  • Dirks and daggers
  • Knives with blades longer than 2 ½"
  • Folding knives with locking blades
  • Ice picks
  • Razors with unguarded blades
  • Razor blades or box cutters

Possession of any of these restricted knives on the above listed schoolhouse grounds may result in a misdemeanor or felony accuse and 1-3 years in a county jail. Charges and penalties for pocketknife-related crimes are discussed in more than detail below.

Switchblades on federal property

Whereas most of the crimes committed in the state of California are punished nether California constabulary, crimes committed on federal properties are punished under federal constabulary. The federal switchblade constabulary—fifteen USC 1241-44—makes it illegal to possess a switchblade on federal lands or properties or to send a switchblade in interstate commerce. Exceptions to this police force are made for agile duty members of the armed forces or persons with only one arm carrying a switchblade with a blade that is 3 inches or shorter in length.

California knife laws, offenses, and penalties

Violation of California's pocketknife conveying laws may result in misdemeanor or felony charges and, if convicted, may upshot in 1-3 years in a county jail or state prison. If you use a knife equally a weapon, you may exist sentenced to more jail fourth dimension in addition to the time served for illegally carrying a pocketknife. Laws and penalties vary depending on the blazon of knife, whether or not it is restricted, and whether or not it is legal to muffle it.

Curtained dirk and dagger laws

Penal Code 21310 makes information technology illegal to carry a curtained dirk or dagger, including knives concealed by clothing (eastward.m. tucked into a waistband). In California, carrying a curtained dirk or dagger is a "wobbler" offense. A wobbler offense is one that the prosecutor tin determine to charge every bit either a misdemeanor or a felony.

Potential penalties for carrying a concealed dirk of dagger include:

  • Up to 1 twelvemonth in county jail and/or up to a $ane,000 fine for a misdemeanor
  • xvi months to 3 years in county jail and/or upward to a $10,000 fine for a felony

Restricted knife laws

Under California Penal Lawmaking 21510, possession of a switchblade is a misdemeanor and its penalties are upward to 6 months in county jail and/or upwards to a $one,000 fine. Penalties may vary for the possession of other restricted knives. Some other possible charges and penalties include:

  • Possession, auction, industry, or import of an undetectable knife : up to 1 year in county jail and/or a fine up to $ane,000
  • Possession, auction, manufacture, or import of another type of prohibited knife (a wobbler charge): up to 1 year in county jail and/or up to a $1,000 fine for a misdemeanor; 16 months to 3 years in county jail and/or upwards to a $10,000 fine.

Brandishing a weapon

California Penal Lawmaking 417, otherwise known as the "brandishing a weapon" law makes information technology illegal to brandish a knife in a style that is threatening, angry, or aggressive, or to brandish a knife during a fight. Brandishing a knife is an additional accuse that could be added to other pocketknife-related offenses. A charge of brandishing a weapon could add boosted penalties ranging from thirty days in county jail to iii years in California state prison.

Assail with a deadly weapon

California Penal Code 245(a)(one), otherwise known as the "assault with a deadly weapon" constabulary denotes an offense that may be added to other knife-related offenses. ADW means that an set on was committed with a deadly weapon or some other means of mortiferous force. Assail with a deadly weapon is a wobbler offense with a maximum sentence of 4 years in California state prison for a felony confidence.

Sentencing enhancement for use of a mortiferous weapon

Penal Lawmaking 12022 PC states that y'all may receive a sentencing enhancement of ane year in state prison in add-on to the penalty you are sentenced to for illegal possession of a knife. This sentencing enhancement cannot exist added to penalties for brandishing a weapon or set on with a deadly weapon.

Legal defenses for knife charges

california-knife-laws

If you are charged with a violation of California knife laws, at that place are many possible strategies that your attorney may utilise in your defense. Some of these strategies include:

  • Your knife is not in violation of concealed carry or restriction laws: If the knife that you are carrying does not meet all of the criteria in the definition of that knife, then you cannot exist convicted of violating that knife constabulary. For instance, the definition of a switchblade specifies that the blade must be at least two" long. If the bract of your knife is less than 2" long, you cannot be convicted with conveying a switchblade.
  • Unknowingly carrying a prohibited knife: In lodge to secure a conviction of a knife-related accuse, the prosecutor must bear witness that you (i) were aware that you were in possession of the knife and (2) knew that the knife was prohibited. If either of these two factors did not apply to you, you lot may non be convicted of conveying a restricted knife.
  • Open up carry: If you lot are charged with carrying a dirk or dagger merely y'all were lawfully conveying the pocketknife openly, you may not be convicted of conveying a concealed dirk or dagger.
  • Illegal search: If a police force enforcement officer discovered the knife in your possession as a upshot of illegal search.
  • Police misconduct: If you were arrested or gave a confession equally a effect of police misconduct.

If you lot accept been charged with violating California pocketknife laws, your best defense is a qualified, competent attorney. California's knife laws can be disruptive and difficult to navigate on your own. Equally a California defense attorney with over 30 years of experience, I empathize the details of California'south knife laws and tin develop the best defense strategy for your instance. Contact my firm today!

What types of knives are illegal to carry in California?

In California, certain knives are illegal to carry, particularly if they are misleading or undetectable. In general, knives that are illegal are those which are most normally used to commit crimes and practice not have an obvious use equally a tool or look similar knives.