What is a Balisong?
Since time immemorial, man has relied on weapons for both survival and protection. One of the oldest weapons used by man is the knife. In fact, it is one of the few weapons that has not been replaced by modern technology. The purpose of a knife; be it for hunting, crafting or the household, has remained unchanged for centuries but the designs and applications continue to evolve with technology and cultural trends.
The Balisong or "Butterfly knife" is an example of a weapon that has been redefined from a hunting tool into the realm of a self-defense weapon. The Balisong knife design traces its history to the Philippines where locals would use knives as an everyday tool just as many do today. The balisong was initially built as a simple folding blade with a T-shaped "tang" and two handles that were held open by tension. Balisong literally means "changeable stick", the name in reference to the handle mechanism. The early balisong knives were often fashioned out of wood and steel and were slow to deploy.
Balisongs have recently enjoyed a resurgence in popularity with martial artists. Balisongs are classified as an "expression weapon" because they can be used in certain martial arts forms or routines. Balisongs are also a favorite with street mugger’s as they can be opened very quickly and the inner gripping edges allow the user to affect cuts at a much quicker pace than a normal blade. Balisongs allow the user to make quick cuts to the neck , arms and abdomen (as seen in the video below).
Like most weapons, balisongs have been banned in many localities. While many of the Balisong knives sold in the United States are replicates or copies of the original designs, they are frequently subject to the same laws as a normal knife. Most states ban Balisongs only if they can be opened with one hand. Other states regulate the size of the blade. In California, Balisongs are classified as "Ballistic Knives" and fall under the same provisions as Spring Blades and Gravity knives (see CA Penal Code Section 17235).
In California all knives will be classified as either a "dirk" or a "dagger." (See Pen. Code § 17235.) Broadly speaking, "dirk" and "dagger" generally mean any knife, or similar instrument with either a blade that is fixed, or a "blade that is capable of being fixed or locked in an exposed position." If you want to learn more about this technical issue see the ARMA’s section on dirks and daggers. Balisongs do not have a "fixed" blade but they are the type of long knives that are capable of being fixed by a spring or other locking device. For purposes of California law, a Balisong knife qualifies as a "dirk" or "dagger" and is subject to all California knife laws that apply to dirks and daggers. That means, in order to carry a Balisong knife in California you need a CCW permit.
Overview of California Knife Laws
California knife laws differ widely from other states in many respects. For starters, most laws are strict noexceptions rules and are widely enforced as such. The defining feature of California knife law to be mindful of is that any "dirk" or "dagger" of any length is considered illegal, irrespective of concealment status or size, even if it is an article of common use or a kitchen utensil. Conspicuously absent from the definition of this term is any mention of intent to use it for offensive or aggressive purpose. So, knives such as steak knives, butter knives, stilettos and even ice picks all fall under the prohibited category if they are defined as a "dirk" or "dagger". It is also a serious felony to possess a switchblade knife or a belt buckle knife. Additionally, the City of Los Angeles and others have restrictions on what knives can be carried on school campuses.
Knives are simply weapons in California, and treated largely in the same manner as firearms, wherein possession is allowed, but concealed carry is limited to few without a special permit. A special permit is not required for dirk, daggers or switchblade knives per se, but only to carry them concealed. Concealed dirk and daggers (including switchblades) are viable for concealed carry permit (CCW) on a limited, and arguably discretionary, basis. Most CCW permit applicants also possess a penknife or diminutive dirk or dagger and use it for defensive purposes, acquiring a CCW permit to carry both the penknife and dirk/dagger indiscriminately as both allow for defensive use under CHL Law.
Exceptions are throwing knives, butterfly knives (which are explicitly excluded from the definition of illegal knife), penknives and other diminutive knives and daggers which fall under the exceptions to dirks and daggers. These knives are often sold in knife stores as "daggers" which are legal under the diminished capacity exception.
Penknives are defined as pocket sized knives or daggers with a blade less than 2 inches in length and a thickness of less than 1/2 inches, or 2.54 cm. This definition is effectively applied to any knife or dagger (or switchblade) that is not a dirk or dagger by definition or application of the exception rule.
Balisongs and the Law in California
Balisongs, including fixed blade balisongs as well as folding balisongs are unregulated to own in California. However, as previously discussed in our post on Size and Concealability of Balisongs, folding balisongs with blades between 4″-5.5″ in length are illegal to carry concealed under Penal Code 21310. In addition, carrying a double edged balisong of any size, concealed or not, is considered a dirk or dagger under Penal Code 21110 and illegal to carry concealed and illegal to carry unconcealed under Penal Code 21310. This means, the civilian owner can own the balisong, can sell the balisong, can gift the balisong, and/or can carry the balisong openly if the blade is longer than 5.5″ or if it is not double edged. While less common than other folding knives, there are no statewide California laws prohibiting privately-ownership of a double balisong or fixed blade balisong. However, some municipalities have their own ordinances that could render the ownership legal/illegal.
Balisongs and Exceptions
The laws in California regarding knives are, for the most part, permissive, meaning that lots of knives are legal at the state level. While it is true that balisongs are prohibited at the state level, the law does allow exceptions to this rule in certain circumstances.
First, legal age: if you’re under the age of 18, it’s illegal to have a balisong on you or to even possess one in your own home. Even if it’s just a display piece or an art object, the law prohibits it. Of course, once you turn 18, you can legally have one in your home – "home" means that your residence has legal boundaries, such as a fenced yard, separate garage or undeveloped land. As long as your balisong is on your property, you’re probably safe.
Then, there are restrictions on where and when you can carry a balisong. You can probably guess at what these are, but remember that these laws vary by county, city and even local neighborhood. As a general rule, don’t carry the balisong on campus, at your job or in any locales that you have a legal contractual obligation not to carry (such as theatres, airlines, etc.). Carrying a balisong in your pocket while walking down the street, at a beach or in a park is generally acceptable, but be sure that you are respecting local laws in these areas.
Also be aware of where and when a balisong is usable. Balisongs are, like so many other knives, illegal to carry concealed (in a purse or coat, for example). Likewise, you can’t bring a balisong with you when you are going to make a public transport trip (on a bus, train, subway, airplane, etc.). You can expect the same circumstances when visiting (legally) a bevy of establishments, including, but not limited to bars, nightclubs and casinos.
Balisongs and Penalties
Violating the laws on knives can come with harsh penalties. No doubt, even though some of these laws may seem nitpick-y or overly technical, authorities will come down hard on those who are in violation. In California, a violation of the balisong knife laws are taken seriously and it is important to know exactly what the law states in order to avoid being charged criminally for owning this type of knife. It is also important to note that penalties can differ depending upon the exact violation. Even further, the precise violation one is accused of can have a major impact on their ability to defend against essentially any charges. For instance, if one is accused simply of possession of an illegal knife, they may be able to avoid the harsh penalties by simply stating their case before a judge . However, if you have been accused of showcasing an illegal knife, you can find yourself facing very serious charges, but the penalties will depend upon the severity of the charges against you. Specifically, if one is accused of showcasing a balisong knife, and they attempt to proceed with a fist fight or a knife fight with the balisong knife, then you will be charged with a felony, like assault with a deadly weapon PC 245, which can have significant fines and penalties attached. On the other hand, however, showcasing the balisong knife can be a misdemeanor. If you are facing criminal charges in California for showcasing or possessing a balisong knife, you are urged to seek legal help immediately. Experienced criminal defense attorneys can evaluate the circumstances of your case and help you determine how best to defend yourself against any criminal charges that are brought against you.
Balisongs Punishments – State to State
California’s balisong knife laws are notably more restrictive than in many other states, and the differences are even starker when you consider some of our neighbors.
In Nevada, for instance, if a person carries a concealed knife that is at least 6-inches long, it’s considered an "aggravated concealed weapon." But, if the blade is shorter than 6-inches, the act is merely a "misdemeanor" under state law. Knife laws are even more lenient in the neighboring state of Oregon, where there is no law specifically limiting the length of a knife blade, including balisong blades. That essentially means you can legally own and carry a balisong knife of practically any size. However, knives classified as switchblades and gravity knives are considered "deadly weapons," a general classification that includes any knife that can cause death or harm. Carrying these weapons in public is considered a "Crime Against Persons" carrying a penalty of 20 to 60 days in jail and a fine of up to $1,250 for a first violation. Texas has a similar law that defines knives as "designed, or commonly used for the purpose of stabbing another by the thrust of a point," and designates them as "illegal knives" unless they fall under any of the following exceptions: These exceptions are fairly common in states with laws regulating knives. Although Oregon’s knife laws are the most lenient around the country, Texas is considered one of the toughest states when it comes to restrictions on knives and knives. Still, while the Texas Knife Law places restrictions on blades longer than 5.5 inches, persons can own and carry balisongs without restriction in Nevada and Oregon. In comparison, the laws in California dealing with butterfly knives are much stricter.
Balisongs and the Future
While the current California Balisong laws are restrictive, they are not dead. Public opinion on knife laws in California are shifting to target knives based on their intended use and assumed quality. Politicians and the law have very little effect on what knives people will carry or use. Knife rights begin with the individual. As these two worlds slowly converge , California’s ever restrictive knife laws may become more lax.