OFF THE WIRE
Concealed Knives, Dirks, and Daggers – Penal Codes § 12020, § 20200 & § 21310
In California, folded pocked knives are legal, but it is illegal for any person to concealed carry any knife legally described as a “dirk” or “dagger” — the legal terms for any fixed-blade knife or stabbing weapon. See § 12020(4). Even a locked pocket knife can count, so can a screwdriver in some cases. See § 16470. BUT carrying a “dirk” or “dagger” in an openly-worn sheath hanging on your hip is not concealment within the meaning of the statute. See § 12020(25)(d) and § 20200.
Switchblades – Penal Codes § 17235 & 21510
Switchblades and other spring-loaded knives are illegal in California if their blade is 2″ or longer. A switchblade is a knife with “the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife, or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever.” See § 17235. The statute expressly excludes pocket knives that can be opened with one hand by pushing the blade open with one’s thumb, as long as the knife “has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position.” See § 17235. Basically, your regular pocket knife is legal, and switchblades are legal if they’re under 2″.
The law is zero tolerance on these, and they’ll bang you with a misdemeanor charge if you: (a) possess the knife in the passenger’s or driver’s area of any motor vehicle in any public place or place open to the public; (b) carry the knife upon the person; (c) sell, offer for sale, expose for sale, loan, transfer, or gives the knife to any other person. See § 21510. The Court of Appeals held that possession of a switchblade in a person’s pocket, boot, etc., is unlawful, even if even if in one’s own home. See People v. S.C. (2009). Modifying a pocket knife into a switchblade-like knife makes it a switchblade. See People v. Angel R. (2008).
Cane Swords and other Disguised Blades – Penal Codes § 16590
Generally, any knife or blade that is disguised so as to not look like a weapon is also illegal in California. See § 16590. This includes, cane swords (§ 16340), belt-buckle knives (§ 16260), lipstick case knives (§ 16830), air gauge knives (§ 16140), writing pen knives (§ 17359), so-called ballistic knives (§ 16220), a staff or crutch (§ 17260), etc. Blades that are undetectable to metal detectors (e.g., ceramic blades) are also illegal. See § 20810 and § 17290. Remember, just because your blade isn’t explicitly described under the law, doesn’t mean the cops can’t find some way to write you up under the closest description. I once had a client wearing rings the police magically made into “metal knuckles” under PC § 21810 because he was wearing a cut. They also used the cut to add a gang enhancement to the “weapon” of rings, sorry, “metal knuckles.”
Possession of Knives on School Grounds – Penal Code § 626.10
It is illegal for any person to bring or possess “any dirk, dagger, ice pick, knife having a blade longer than 2 1/2 inches, folding knife with a blade that locks into place, [or] razor with an unguarded blade . . . upon the grounds of, or within, any public or private school providing instruction in kindergarten or any of grades 1 to 12 . . .” See § 626.10(a)(1). Subsection (b) of the statute provides that it is illegal for any person to possess “any dirk, dagger, ice pick, or knife having a fixed blade longer than 2 1/2 inches upon the grounds of, or within, any [college or university].”
Possessing a Knife in a Government Building – Penal Code § 171b
Legal blades 4″ or longer that are fixed or capable of being fixed are illegal within any state or local public building or at any meeting required to be open to the public. See § 171b(A)(3). Here, a “state or local public building” is a building that is owned or leased by the state or local government, with state or local public employees working on a regular basis. See § 171b(C)(1).
Brandishing Knives – Penal Code § 417
In California, it is illegal to brandish any deadly weapon, knives included. See § 20200-21590 broadly. The law states that it is unlawful for any person to “draw or exhibit any deadly weapon . . . in a rude, angry, or threatening manner, or . . . to unlawfully use a deadly weapon.” See § 417(A)(1). This does not include use of such a weapon in self defense. See § 417(A)(2). Watch out, there is a mandatory minimum on this one of thirty days, in addition to anything else they nail you for. See § 417(A)(1).
So that’s where we stand! Tune in next time to learn about knife laws in Alameda County.
Bill Weiss has long experience in personal injury and civil rights cases on behalf of the motorcycle community. He is one of the only attorneys in California that represents bikers in civil rights cases against law enforcement. He has recovered millions of dollars on behalf of his clients who have been injured in motorcycle collisions and other personal injury cases, as well as civil rights cases.
