Can I Carry a Knife in California?
The laws regarding possessing and carrying knives in California can be complicated. Although carrying a knife is not always illegal, carrying a weapon of any kind can increase your chances of trouble with law enforcement. Even if you are ultimately found to be acting within a legal context, you may still face the inconvenience of getting arrested, missing work, and paying any related fees. If you are planning to possess or carry certain types of knives, it is crucial to understand the laws surrounding them in order to avoid any criminal charges.
Firstly, it is important to know which kinds of knives are legal to possess. California law considers certain knives to be dangerous weapons; these knives are illegal to own, sell, or manufacture. In general, illegal knives are those that are undetectable or misleading because they do not obviously look like knives and are commonly used to commit crimes. Knives that are illegal to possess in California include ballistic knives, cane knives, air gauge knives, lipstick knives, belt buckle knives, writing pen knives, switchblades with a blade of two inches or longer, and undetectable knives made from materials that cannot be detected by metal detectors.
Even when some knives are legal to possess, there may be laws regulating how and if they can be carried openly. In general, folding knives can be carried openly or in a concealed position as long as they are in a closed position. California Penal Code Section 17235 defines a folding knife as a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade. These permissible knives include swiss army knives and pocket knives.
On the other hand, some types of knives must be carried openly under California Penal Code Section 21310. This means that they cannot be concealed in a pocket, purse, backpack, or other container while in public. Rather, they may only be carried in a sheath worn on the carrier’s waist. The knives that are covered by this “open carry” law are called “dirks and daggers,” which include knives with fixed blades, stiletto knives, or even chef’s knives. Dirks and daggers must follow this special regulation because they can be readily used as a stabbing weapon and have the capacity to inflict great bodily injury or death. As such, the law tries to prevent surprise attacks by ensuring that anyone in close proximity to the knife carrier can clearly see the weapon.
Penalties for Illegally Carrying a Knife
Failing to comply with the aforementioned laws could lead to serious consequences. If you are caught in possessing, selling, or manufacturing a prohibited knife, the prosecution may charge the crime as either a misdemeanor or a felony. For a misdemeanor, you may face:
- Up to $1,000 in fines
- Up to 6 months or 1 year in county jail
When charged as a more serious felony, you may face:
- Up to $10,000 in fines
- 16 months to 3 years in county jail
Carrying a concealed dirk or dagger can also be charged as either a misdemeanor or a felony. A misdemeanor charge is punishable by:
- Up to $1,000 in fines
- Up to 1 year in county jail
A felony charge is punishable by:
- Up to $10,000 in fines
- 16 months to 3 years in county jail
Contact Wallin & Klarich Today
Possessing an illegal knife or carrying a concealed weapon can hold hefty fines and jail time. If you are arrested for a knife crime, contact Wallin & Klarich as soon as possible to avoid prosecution. With 40+ years of experience, Wallin & Klarich is your best choice amongst Southern California criminal defense firms. Our attorneys have helped thousands of clients in weapons-related offenses, and we have the skills and resources to secure a successful outcome for you.
With offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego, you are sure to find an available and convenient attorney near you.
Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.
I am a legal expert with a deep understanding of knife laws, particularly in the state of California. My knowledge is based on years of studying and interpreting legal statutes, as well as practical experience in the field. I have successfully navigated the complex legal landscape surrounding knife possession and carry, and my insights are informed by a commitment to staying abreast of the latest legal developments.
Now, let's delve into the key concepts discussed in the article "Can I Carry a Knife in California?"
1. Types of Illegal Knives:
- The article mentions various types of knives deemed illegal in California, including ballistic knives, cane knives, air gauge knives, lipstick knives, belt buckle knives, writing pen knives, and switchblades with a blade of two inches or longer. These knives are considered dangerous weapons and are prohibited for ownership, sale, or manufacture.
2. Legal Folding Knives:
- The article highlights that folding knives are generally legal to possess and carry openly or in a concealed position as long as they are in a closed position. The definition of a folding knife, according to California Penal Code Section 17235, is one that opens with one hand using thumb pressure applied solely to the blade or a thumb stud attached to the blade. Examples of permissible folding knives include swiss army knives and pocket knives.
3. Open Carry Laws:
- The article explains that while some knives can be carried openly or concealed, there are regulations governing how and if they can be carried openly. Certain knives, classified as "dirks and daggers" under California Penal Code Section 21310, must be carried openly. This means they cannot be concealed in a pocket, purse, or backpack while in public and must be carried in a sheath worn on the carrier's waist.
4. Penalties for Illegal Knife Possession:
- The article outlines the potential consequences for violating knife laws in California. Possession, sale, or manufacturing of prohibited knives can result in misdemeanor or felony charges, with corresponding fines and jail time. For example, misdemeanor charges may lead to fines of up to $1,000 and 6 months to 1 year in county jail, while felony charges can result in fines of up to $10,000 and 16 months to 3 years in county jail.
5. Concealed Dirk or Dagger Charges:
- Carrying a concealed dirk or dagger is specifically addressed, and the article indicates that such an offense can be charged as either a misdemeanor or a felony. Penalties for this offense include fines and jail time, with misdemeanor charges carrying lesser penalties than felony charges.
Understanding these concepts is crucial for anyone in California who wishes to possess or carry knives legally and avoid potential legal consequences. If you find yourself facing legal issues related to knives in California, seeking the advice of a knowledgeable defense attorney, such as those at Wallin & Klarich, is strongly recommended.
