What Are California’s Laws on Knives?
Many riders carry a weapon, such as a
knife or firearm, for personal safety reasons. Unfortunately, California
riders must always keep in mind the risk that they will become the target of harassment and unjust profiling by law enforcement
officers. This means that even law-abiding riders carrying a weapon
should know and understand the laws on when, where, and how they can
carry weapons to avoid additional harassment or criminal penalties.
California has some of the nation’s most
restrictive laws on carrying knives. Learn more below about the limits
on carrying a knife in California.
Carrying a knife in public in California
California law permits individuals to
openly carry most knives. You can carry a “dirk” or “dagger”—a
straight-blade knife with or without a hand guard that can be used as a
stabbing weapon and which can cause serious or fatal physical
injuries—openly, in a sheath that is suspended from your waist. If the
knife is concealed in any way, then you could face misdemeanor
charges which carry fines and even the possibility of jail time. There
are certain types of knives that individuals can carry in their pocket
or otherwise in a concealed location, such as folding knives, box
cutters and utility knives that don’t meet the definition of a
switchblade.
Switchblades carefully regulated in California
Switchblades are subject to strict limitations in California. According to California Penal Code section 21510,
carrying a switchblade knife with a blade over two inches in length or
storing it in the driver’s area of a motor vehicle is a misdemeanor. It
is also a crime to sell, loan, or give such a knife to someone else. The
term “switchblade” includes any knife with a spring blade, snap blade,
or gravity blade that is two or more inches in length and can be
released using the weight of the blade or by pressing a button, flicking
your wrist, applying pressure to the handle, or using some other
mechanism. If the knife can only be opened using thumb pressure on the
blade itself or with a thumb stud attached to the blade, and it has some
other mechanism that places some resistance on the blade being opened
or that biases it towards closing, then it does not qualify as a
switchblade.
There are many other types of knives that
are completely banned from being sold or possessed in California. These
include many knives that are disguised in other objects, such as belt
buckle knives, lipstick knives, air gauge knives, writing pen knives, or
cane swords, as well as knives with blades that can’t be detected by
metal detectors (such as ceramic or crystal blades).
San Francisco imposes greater restrictions on carrying knives
The City of San Francisco places its own restrictions on carrying knives in public. San Francisco law
makes it a crime to carry a dangerous or deadly weapon while loitering
in a public place. “Dangerous or deadly weapon” includes: a knife of
over three inches in length; any cutting, stabbing, or bludgeoning
weapon; or any other weapon or device capable of inflicting serious
physical harm. It is also a misdemeanor in San Francisco to carry, sell,
or give someone else a switchblade, spring-blade, snap-blade, or any
other knife that opens automatically through a mechanical device.
Los Angeles also goes beyond California law
The City of Los Angeles, on paper, goes
further than the state rules as well, making it illegal to carry in
plain view any knife, dirk or dagger having a blade 3″ or more in
length, along with any ice pick or similar sharp tool, any straight-edge
razor or any razor blade fitted to a handle. See Los Angeles City Code §
55.10. There are
certain exceptions when the knife is for use in a lawful occupation, for
lawful recreational purposes, or as a recognized religious practice,
for instance, with the Sikhs. See Los Angeles City Code § 55.10. The
County of Los Angeles has a parallel rule, which makes it illegal to
openly carry “any knife having a blade of three inches or more in
length; any spring-blade, switch-blade or snap-blade knife; any knife
any blade of which is automatically released by a spring mechanism or
other mechanical device; any ice pick or similar sharp stabbing tool;
any straight-edge razor or any razor blade fitted to a handle.” See LA
County Ordinances § 13.62.010-020. So
basically, it’s illegal in Los Angeles County to openly carry any knife
with a blade of 3″ or longer, sheathed on your hip or not. The same sportsman and religious exemptions apply at the county level. See LA County Ordinances § 13.62.030.
Los Angeles Code § 55.01 also makes it illegal to carry any weapon at all concealed on one’s person. Basically,
in Los Angeles, it’s illegal to carry a blade over 3″ whether that’s
openly or concealed. Note, however, that the courts have made
conflicting rulings regarding the applicability of Los Angeles city and
county ordinances in relationship to conflicting state laws.
And that’s not all, either
There are a number of other California
knife laws as well, including laws prohibiting cane swords and other
disguised blades (Penal Code 20510), laws prohibiting the possession of
knives on school grounds (Penal Code 626.10), laws prohibiting
possession of knives in a government building (Penal Code 171b) and laws
making it illegal to brandish a knife or any deadly weapon (Penal Code
417). Violating these laws can land you in county jail or state prison
for up to a year. Violation of the brandishing statute carries a mandatory minimum of thirty days in jail.
If you have been the victim of motorcycle
profiling, a violation of your civil rights, or you are otherwise in
need of help from a knowledgeable California motorcycle rights lawyer,
contact the seasoned and effective San Francisco biker rights lawyer
William E. Weiss for a free consultation at 415-362-6765.
