The Basics of Knife Laws in California
California’s knife laws fall into the general category of weapons laws. Article 1 of the California Penal Code is entitled Firearms and Weapons and includes the statutes relating to knives, swords, daggers, and other weapons. The primary knife laws are in Part 4 of Article 1 which is entitled Dangerous Weapons and includes California’s concealed and unconcealed carry laws.
Calif. Penal Code § 16420 defines prohibited "dirks and daggers" as follows: "dirk" and "dagger" mean a straight bladed pens weapon of any variety, including a stiletto, and a "dirk knife" or "dagger knife" means a "dirk" "dagger" or "stiletto" that may be conveniently carried on the person and is capable of ready use as a stabbing weapon capable of inflicting substantial injury or death." Cal. Penal Code § 16401.
California’s knife laws are not always based on the function of the knife. As an example, a dirk or dagger must be thrusting knife capable of inflicting substantial bodily injury or death. However a concealed dirk or dagger can be quite small. In fact, under Cal. Penal Code § 17235 it is a misdemeanor to carry a "dirk" or "dagger" which is concealed on the person, in a public place even if it has a blade length of less than two inches.
Chapter 5 of Part 2 of Article 1 of California’s Penal Code is titled knives and other deadly weapons. The first section, § 17300, provides the definitions for the terms used in this chapter . The term ‘weapon’ is defined to include "cutlass, a straight, single-edge blade generally used for cutting." Cal. Penal Code § 17300.
The next three sections of California’s knife laws, §§ 17310, 17315, and 17320, provide for the definition and prohibition of cane swords, belt buckle knives, and concealed swordsticks or cane swords. There are two more sections of California’s knife laws are located in Part 6 of California’s Penal Code and prohibit the possession of a ballistic knife, or a belt buckle knife which opens into a blade. Cal. Penal Code §§ 20620, 20625.
Other than the possession and carry of knives, California imposes criminal penalties for criminal threats with § 422. This is commonly called "communicating a death threat." Knife threats, like gun threats, are taken very seriously by law enforcement and the District Attorney’s Office. So serious, in fact, that prosecutors will allow the knife to be brandished at a person, just to charge the case as if it were an actual stabbing.
California’s codification of its knife laws dates back to the 1870’s which appears to be the first codification of California’s weapons laws. The knife laws have not changed as much as California’s gun laws. In 2000 California voters approved Proposition 63 which restricted handgun magazines to 10 rounds. § 32310 PC makes it illegal to possess, supply, or manufacture high capacity magazines. However there is no law restricting the capacity of a sword.
Defining Open Carry of Knives
What is open carry of knives?
When people discuss the term open carry, they are almost always referring to open carry of firearms. That is the only time they might even think about the concept of open carry as it applies to any other item, and even then it is typically an afterthought. Open carry: the legal definition. In a nutshell, open carry just means to carry (or bear) something so that it is visible, not concealed. So, this makes open carry of knives legal in California, yes? To back this up a bit, in a key California Open Carry Case (People v. James, 2011 196 Cal.App.4th 1248), the Appeals Court judge wrote: "Open carry" means to carry concealed weapons openly like in holsters on one’s side, which is what we see in many of the open carry demonstrations across the state…. Open carry allows people to openly carry and display guns, rifles, and other weapons…. So the open carry term in reference to knives, just means the same thing. You’re legally carrying the knife so that it is in sight, not hidden. Both the Penumbras (the part of the Second Amendment relating to the Right to Bear Arms) and LC (which is the California Codes section for ‘Concealed Weapons’) Statethat ‘carrying a concealed dirk or dagger is a public offense, and prohibits any person from carrying concealed, upon the person, any dirk or dagger,’ except as permitted by law…" So, open carry of knives is legal, though you should be familiar with how the law actually defines ‘dirks’ and ‘daggers,’ before you get caught carrying a knife that is illegal. In short, knives must meet a very specific legal criteria to be considered legal dirks or daggers.
What Knives Are Permitted While Open Carrying?
The following list, though not exhaustive, includes the general types of knives that are permissible to open carry in California:
-The Open Carry of Fixed-Blade Knives
Fixed-blade knives are not prohibited from being carried openly in any state or country. The only issue is whether the open carry is for a lawful purpose.
-The Open Carry of Folding Knives
Like fixed-blade knives, folding knives are not illegal to openly carry in California. While the open carry of folding knives that execute tricks (i.e. switchblades, stilettos, balisongs, dirks, and daggers) have a distinct prohibition in California Penal Code Section 17235(b), as long as the folding knife cannot be opened by any means other than the use of a flick of the wrist or hammer blow to the blade, it is permitted to be openly carried in the state.
– The Open Carry of Machetes
Although machetes have a blade length of 7 inches or more, they do not fall within the definition of illegal knives because it is not a dirk, dagger, stiletto, or folding knife. Plus, there is no express prohibition on the open carry of a machete in California.
Where and When You Can Open Carry a Knife
Even with a solid understanding of what types of knives you can legally possess and carry, it is still important to know exactly where and in what situations you can do so. The legislative intent of California knife laws is to allow individuals to open carry knives at almost all times, in almost every public place. There are a small few exceptions to this guideline.
In general, it is legal to open carry knives including dirks and daggers, non-switched blades (such as folding knives, switchblades, concealed dirks and daggers), and tossables in California and public spaces in the state. Public Places Public places are simply anywhere that is not privately owned. A park, a street, a sidewalk, a public building (except schools), or any other public space is considered public. You can open carry knives that are not considered "deadly weapons" at any of these locations, except as set forth below.
Schools Knife restrictions are notably stricter on school grounds and at youth centers. Schools are prohibited areas for some knives including dirks and daggers, concealed blades, and ballistic knives. It is unclear whether open carry of these knives is legal on school grounds, or if the prohibition applies only to concealed carry. However, it is best to err on the side of caution and avoid open carrying any knives on the property of school districts. The law defines "school grounds" as any school as defined under Education Code section 10, meaning kindergarten through 12th grade, and areas contained in, on, or around any public or private school facility.
What Happens if You Violate California’s Knife Laws?
The violation of California open carry knife laws can lead to a number of legal consequences including misdemeanors, felonies, fines, and even imprisonment. If you were stopped or detained for a knife possession and arrest or citation was not given, your guns and knives would not count as a legal consequence. As such, you will be on record with the police department as having a knife in your possession. If you violated a knife law and were contacted by the police and not arrested or cited, the police officer may confiscate your knife and issue you a warning or citation. In cases in which a knife is confiscated by the police officer, it is important that you understand your rights to recover the confiscated knife or sword after a couple of weeks . However, if the officer believes that you violated a knife law and was cited/arrested for the knife possession, you can face up to 6 months in jail and a $1000 fine for a misdemeanor offense. In addition, YOU WILL HAVE AN ARREST RECORD. If you violate a knife law and are arrested for a felony knife possession, you can face up to three years in prison and/or a $10,000 fine. California knife laws are tough and violations can result in severe, even life altering, consequences. It is always important to understand and abide by knife laws, regardless of how offensive they may seem in a country where guns are not only legal, but also widely available.
Case Law and Legal Interpretations
In California, case law evolves the interpretation of the statutes. One of the first case studies to consider open carry as a means of carry was In re Brian James Pikooson (1969) 71 Cal.2d 384. The case stems from the 8-13 inch pocket knife that several of our clients have been arrested for concealing in a pocket. In this case, the defendant, Pikooson, was caught with a 10" knife in his possession and was charged with possessing a dirk or dagger in public. Pikooson argued that since the knife was not measured it could not be considered as a dirk or dagger due to CAL. PEN. CODE Section 12020(c). The court disagreed and found that the knife did not exceed the 12" point based on the definition given in Penal code section 17235 (knife with a fixed blade). This case would in fact be used as the basis for the ‘if pointed’ language used in the passage of CAL. PEN. CODE Section 21310.
The second case studied was In re Lincoln (1973) 9 Cal.3d 64. In this case, the defendant was charged with carrying a concealed dirk/dagger. Lincoln’s case also prompted the Legislature to amend CAL. PEN. CODE Section 21310 to allow for the accused to argue that the blade was not "readily" capable of being used as a stabbing weapon.
The last case studied was Eisenhard v. California Department of Justice (2014) 224 Cal.App.4th 265. In Eisenhard, a police officer was called to a gas station around midnight due to an argument between Eisenhard and his friend. When asked by the police officer to identify himself, Eisenhard immediately produced his secretary of state issued identification card. During the traffic stop, Eisenhard was also wearing cargo pants. When asked to remove anything in his pockets, he complied. Inside one of the pockets, the officer found a folding knife (4") that was opened. He was cited for Possession of a dirk or dagger under Penal Code Section 21310 (Open Carry Dagger). Eisenhard filed suit in hopes of winning his case and was awarded $36,150.00.
Practical Advice Regarding Open Carry Knives
For those individuals who wish to carry a knife openly, it is important that they understand the circumstances in which such action is lawful. The following practical tips should help to assist you in determining whether your open carry of a particular knife is lawful:
- Make sure your knife does not have a blade greater than 2.5" in length.
- Be aware of locations where open carry may be considered unlawful (ex: schools and government buildings).
- Understand how a "concealed dirk or dagger" is legally defined.
- Only openly carry knives that are not classified as deadly weapons.
Knife Law FAQ
Q: How are knives categorized under California Law?
A: Knives can fall under a number of categories. Many knives that would be considered pocket knives in any other state aren’t just pocket knives in California. A switchblade isn’t just a switchblade, but can be defined as a switchblade, a folding knife, or even a disguised weapon.
Q: What will I be charged with if I have a knife on me?
A: Depending on a number of factors including the size of the blade, the type of knife, where the knife is discovered, and other factors , many different charges can apply to you if you are found with a knife on your person. Charges can include possession of a dagger, dirk, Bowie knife, switchblade knife, and concealed carry of a knife.
Q: If I have a knife on school grounds, what charges might I be guilty of?
A: Possession of a knife on school grounds is generally treated as an infraction of California Penal Code 626.10. Keep in mind that infinitely smaller knives can result in an infraction, as the length of the blade is not the most critical factor.