Introduction to California Knife Laws
California, known for its strict knife laws, has several regulations including the definition and classification of knives, transit provisions, and penalties for violations. Defining the term "knife" can be deceptively complicated. In general, a "knife" can be any instrument sharp enough to cut or stab, made with an additional sharpened secondary edge (typically at 90 degrees to the primary edge) and/or sharp at its tip or point. This can include knives that are not conventionally thought of as knives, such as a tongue splitter, a wood carver, a cleaver, or a screwdriver. Knives may also include an extended belly to aid in stabbing. The legal definition of a blade also includes knives with two straight edges that curve inward, such as a switchblade.
Knife laws in California dictate what kind of knives are prohibited, such as: black-jack: a blunt-length object that is heavy at one or both ends that is used to hit someone; dirk: a knife with a dull-edged blade and a point that can be used as both a stabbing implement and a hand-held weapon; dagger: a weapon designed for stabbing that is sharpened on both sides; disguised knives: concealed knives that resemble a pen, brush, spoon, or letter opener; and stilettos (unlike a stiletto heel), which may be described as a knife with two sharpened edges and a needle-like point. Stilettos are unique because they are the only class of knife that is specifically prohibited in California without exception, meaning that they are illegal to have, possess, sell, or carry for any person in any circumstance.
Knife laws in California are extremely specific, and even the length of the blade may modify what can be legally possessed or owned. For instance, the law discusses "daggers", "dirks", "stilettos," and "dirk knives . " A dirk knife, rather than a "dagger," is a "dirk knife" if it is less than 5.5" inches long. Switchblades, which are illegal to possess in California, obtain their illegally provocative name from a physical mechanism that quickly shoots the blade out to a locking position.
In addition to the classifications of knives themselves, there are exceptions to the prohibitions on knives. In fact, some knives are legal to carry concealed as a tool or utility, but illegal to carry as a weapon, irrespective of length, such as a folding knife or paring knife. However, concealed knives over 2" long are not legal to carry without a permit (which has a very high burden of proof to obtain). It is also important to note that knives may be legal to own, but illegal to possess or carry in certain circumstances, such as in a public school, at a daycare, or at a hospital. Other regulatory restrictions ban the use and ownership of knives if the blade is fixed, over 2.5" long, and closed—in other words, almost every knife. Under California Welfare and Institutions Code § 1744.5, even the possession of a knife or razor blade is a misdemeanor if it is weakly defined as "in a public or private nonsectarian school" or "on the grounds of a youth center."
A violation of a prohibition on knives may constitute a misdemeanor. The penalty for a misdemeanor generally includes year in county jail and a fine of up to $1,000 dollars (exclusive of surcharge). In the case of a felony, if a defendant had a concealed knife larger than 2" and the defendant used that knife to harm another person, the defendant may face up to 3 years in state prison, and if the defendant did not possess the knife but had the intent to harm another, the defendant may be subject to 16 months to 3 years in state prison.
Legal Size of Knives in California
The maximum legal length of a knife in California, absent any exceptions, is a blade longer than 2½ inches, but shorter than 4 inches. Several statutes define exceptions to this rule. For example, knife blades longer than 2½ inches but less than 4 inches are illegal if the blade is "detection resistant" – which essentially means that the blade needs to be made of metal and needs to have something on it that allows cops to detect it.
Some knives, such as dirks and daggers, are illegal in California regardless of their length. Stiletto knives are also illegal regardless of their length. And, by statute, any knife is illegal if it is made for purposefully inflicting great bodily injury or death. Knives are longer than 4 inches are also illegal under California knife laws.
Last, penknives and "any razor, or any razor blade" fall under the same rules as dirks, daggers, and stiletto knives, regardless of their length.
Illegal Knives in California
In addition to California’s restrictions on the length of knives, the state has restrictions on certain types of knives that can be carried regardless of length. These include stabbing knives, ballistic knives, disguised knives, and others.
Stabbing Knives
The carrying of a "dirk or dagger" is prohibited under California Penal Code 17350. A dirk or dagger includes any knife that can be used as a stabbing weapon. Courts have construed the term broadly, holding that "a dirk or dagger is an ‘edged weapon that may be used as a stabbing weapon.’" Any knife can qualify as a dirk or dagger, if it can be used in a stabbing manner. The following types of knives have been found to be prohibited: The broad interpretation of prohibited stabbing weapons in California means that you should expect to be accused by law enforcement of possessing a stabbing weapon when you are carrying a folding knife. Even if you are carrying a pocket knife for everyday use, you can still be accused of carrying a dirk or dagger if police believe you could stab with it. This is why it is important to get legal advice if you are charged with carrying a dirk or dagger.
Ballistic Knives
The carrying of a ballistic knife is also prohibited under California law. A ballistic knife is a knife having a blade that is ejected or propelled by a spring-loaded mechanism. These types of knives are used extensively by the military, but you should expect to get into a lot of trouble for carrying one without a good attorney to help you out. There was, however, some question on whether a switchblade knife falls within the same prohibited category as a ballistic knife. In People v. Stowell, the court inadvertently confirmed that they both can be considered to be prohibited:
"To begin, California statutes define both switchblades and ballistic knives as examples of prohibited weapons. … while the government concedes a flashlight clasp knife considered in Jennings would not be prohibited, the government argues Jennings is distinguishable because a switchblade or a ballistic knife clasps around a spring mechanism and will deploy upon touching a button (italics added); a flashlight klasps knife, which has no such button, has no such spring-deployment capability."
If you are facing criminal charges, you should talk to a criminal defense lawyer about the type of weapon that you will be charged with. You have the right to defend yourself against these charges and to challenge how the law has been applied to your specific case.
Knives in Public
In almost all situations knives may be carried in public in California. Carrying a knife concealed or openly is not illegal as long as it is not within the categories of knives that are the stated exceptions to the general rule. It is illegal to carry in public, knives such as dirks and daggers, switchblades, stabbing knives, and any knife with a blade longer than 2.5 inches in length. Seeing as how in California a switchblade is defined as a "fixed-blade knife that opens automatically by gravity, centrifugal force, or by manual pressure applied to a button, spring, or other mechanism in the handle," as long as it does not meet the above specifications, switchblades are generally legal to carry in public and permitted to own in California.
There is also a provision under California law that permits the ownership, concealed carry, and transportation of folding knives that are defined as "from which the blade is released by a mechanical or structural device whereby when opened the point of the blade is locked on the handle in a position that provides a false appearance of a pen when sheathed or folded into the handle." More commonly known in California as gravity knives or ballistic knives, these knives are however also legal in other states that do not have such bans.
The most common types of knives that fall under the above definitions are switchblades, fixed blade knives, butterfly knives (also known as balisongs), dirks, double-edged knives, spiked knuckle knives or knuckle and belt buckles that serve as both a buckle and a knife.
As for city ordinances, such as that of Los Angles or San Francisco, various cities have enacted ordinances that either restrict all knives or restrict class of knives. For instance, the following categories are not permitted to be carried open or concealed in public in the City of Los Angeles; daggers, dirks, bowie knives, non-folding knives, belt buckle knives, cane swords, disguised blades or daggers, or any knife that has a blade length that exceeds 3″.
Penalties for Knife Violations
When it comes to knife laws in California, the penalties for violating these laws can be severe. In general, a violation of any of the knife laws may be charged as a misdemeanor. For first offenses, you could face between 6 and 9 months in county jail and a fine of up to $1,000. For second or subsequent offenses, the penalty is increased to a year in county jail and a $1,000 maximum fine.
For violations of restrictions on dirks or daggers, you may also be fined up to $1,000. As with other knife offenses, a second or subsequent offense increases the punishment to a year in county jail and a fine of up to $1,000. However, knives classified as dirks or daggers require a more significant response from law enforcement. This response may include arrest and further investigation into the offender’s prior criminal history .
In addition to criminal charges, violating knife laws may result in the confiscation of the knife or knives used during the commission of the crime. This may mean that even if you do not have any adverse legal effects of a knife law violation, the confiscation of your knife can have lasting effects.
In some cases, a knife law violation may constitute grounds for deportation. While knife offenses are generally treated as a misdemeanor, a felony conviction carries harsher penalties. The basic punishment for the illegal carrying or concealing of a dirk or dagger is a fine of $10,000 or 16 months, 2 years or 3 years in California state prison.
Knife offenses are serious matters that could result in lengthy jail sentences and the loss of your right to possess knives. If you were arrested for a knife offense or had your knives confiscated, you should contact us immediately.
Knife Exceptions and Special Circumstances
While there are general guidelines as to what constitutes an illegal knife, there are special circumstances where you may possess a knife over the proscribed limit. For example, if you are a culinary professional, both the Code and case law provide exemptions from certain prohibitions. Business and Professions Code Section 22410(b)(1) provides that if you possess, sell, or otherwise transfer a kitchen knife for the purposes of professional use by a culinary arts professional or institution (or for other lawful purposes), then the ban on switchblades does not apply. Case law goes even further and would likely apply to anyone using a tool while working (i.e. nurses, support staff, etc.). If you are in doubt as to whether your knife is exempt from the ban on switchblades, it may be prudent to hire an attorney to answer your questions before you leave home with the knife.
Knife Law Compliance
When it comes to knife ownership in California, the golden rule is : Knowledge is power. Used correctly, the law can help keep you out of trouble when carrying a knife. In its simplest form, the law outlines what knives are illegal to possess and carry openly in public places. To stay compliant with knife laws in California, consider the following best practices: The best way to circumvent the issue of buying an illegal knife is to purchase it from a reputable dealer. Online retailers often give clear disclosures about which knives are illegal to ship to buyers in California—if the online retailer you purchase from doesn’t, it may be best to buy from someone else. Considering our previous section on concealed and open carry, the type of knife you carry depends on where you plan to go when you carry it. Serrated knives are illegal to carry in any public space, so if you plan to visit such a place, you should choose non-serrated knives. Non-serrated knives include both fixed and folding knives (with a blade length of 2.5 inches or less) that aren’t prohibited by other California knife laws. It’s important to remember that switchblades and stilettos are never legal to carry in public, no matter how long or short their blades.
Recent Knife Law Changes in California
The most recent legislative update was last year (2016), when SB 880 took effect on January 1, 2017. This bill categorized all butterfly knives as dirks or daggers, making them illegal to manufacture, sell, offer for sale, display for sale, or import into this state. When the bill first passed and became law, it also made illegal the possession of a butterfly knife or any "version of a butterfly knife" with a blade over 2 inches in length as well as any knife containing a knuckle bow that is constructed with metal. In essence, the new language in the last update included the "butterfly knife [one] identical or similar to the butterfly knife knuckle knife," but left alone the switchblade or doubled blade knife, if the latter has a blade 2 or more inches in length . At the time, there was confusion among law enforcement as to the difference between the knuckle knife with two parts that met the switchblade or doubled blade definition and one made of metal. It was confusing because the second-reference to a double blade knife was a reference to a weapon already illegal to possess. While knife enthusiasts predicted a swift ruling by the courts on this issue, instead the legislature submitted a bill (SB 9) to clear up that confusion. SB 9, which became law, now clarifies that a "double bladed" knife means a knife that has two parallel blades attached to a common handle and is opened by a mechanism similar to a switchblade knife. This definition, in effect, removes any ambiguity as to whether a weapon of this type can be legally possessed in California.