California Pocket Knife Length Laws
*People vs. Castillolopez 3 Cal. 4th 322 (2016) A Swiss Army knife is not a lockable dagger or dirk knife under California law, even when opened. A shift blade (which can be known by many other names, including a “push-button knife” or an “ejector knife”) has a blade that is included in the handle and automatically opens through a spring by pressing a button or lighting the handle. Switching blades with blades larger than 2â cannot be transported to California. In California, switching blades with blades of two inches or more is illegal. Fixed blade knives with blades of two and a half inches or more are illegal on the grounds of colleges/universities/schools. And any knife with a blade larger than four inches is illegal in a public building. I point out that the rate of violent crime and murder in Arizona is about the same as in California (the murder rate was slightly higher in Arizona in 2011, last year for which I have reliable statistics).
In addition, in AZ, you have trouble carrying a knife, even a pocket knife on a key ring, to a school. In California, at least in one school, you can carry small blade knives. In addition, owners of the Convention on Certain Weapons may carry weapons in schools. And in bars. In fact, the holders of the Convention on Certain Conventional Weapons have fewer restrictions in California than in Z.AZ. it`s just that it`s harder to get a CCW, and you allow much wider unlicensed transport. Criminal defense attorneys rely on certain legal strategies to challenge violations of California`s knife laws. Some include proof that: It is illegal to carry any dirt or dagger that is widely defined hidden on the person, so it can include any knife with a fixed blade, as well as any foldable or retractable knife with a locking blade. Authorities cannot search a knife or seize a knife without a valid search warrant. If there is no arrest warrant, they must have a legal excuse for not having one.
If the police receive a knife as a result of an illegal search and seizure – which is a form of police misconduct – then this evidence can be excluded from the criminal proceedings. On the other hand, certain types of knives must be worn openly under Section 21310 of the California Penal Code. This means that they cannot be hidden in a bag, purse, backpack or other container in public. On the contrary, they can only be worn in a sheath worn to the size of the wearer. Knives that fall under this “open port” law are called “dirks and daggers,” which include fixed blade knives, stiletto-heeled knives, or even chef`s knives. Dirks and daggers must follow this special arrangement, as they can easily be used as a knife and have the ability to inflict serious bodily harm or death. Thus, the law attempts to prevent surprise attacks by ensuring that anyone in the immediate vicinity of the knife holder can see the weapon clearly. Double blade knives cannot be transported in AC only if they are completely concealed. It is located under 21310 of the CA Penal Code. When worn open, a double-edged knife (dagger) is completely legal. The author of this website is mistaken in saying that the possession of double-edged knives is still illegal. This is a myth.
Failure to comply with the above laws can lead to serious consequences. If you are caught in possession, on sale or making a prohibited knife, the prosecutor`s office can charge the crime with misdemeanour or felony. For a crime, you may be faced with the following: A folding knife to be unlocked, a folding knife not prohibited by article 21510 or a pocket knife can only be used as a knife that can cause serious bodily injury or death if the blade of the knife is exposed and put in position. There are restrictions on carrying knives when entering schools, universities and colleges, as well as public buildings open to the public, such as courts, town halls, police stations, etc. For K-12 schools, knives with blades larger than 2.5 inches are not permitted unless they are required for specific work tasks. Razor blades and box cutters are also prohibited. Section 626.10 of the Criminal Code. For colleges and universities, fixed blades larger than 2.5 inches are not allowed.
However, there are no restrictions on folding knives as long as they do not fall into the category of switch blades. For state or local public buildings, it is illegal to carry a knife with a blade larger than 4 inches on the premises. Section 171b of the California Penal Code. Interestingly, the courts have ruled that the Los Angeles law prohibiting the carrying of a concealed weapon is invalid. In the 1968 People v. case, Bass, a man, was arrested and charged with carrying a hidden folding knife. The Court of Appeals overturned the conviction and ruled that the Los Angeles law was contrary to state law and therefore invalid. Nevertheless, the Law of Los Angeles is still in the books. Both are fine in the state, so you might want to check out your county`s laws just to be on the safe side. But be aware that you can have a Full Tang knife, no matter how long it is, as long as it is exposed on your side, do not try to hide something like the back knife that you can hide, no matter how long they are.
Violation of these laws could result in up to five years in prison. California Penal Code 245(a)(1), also known as “attack with a lethal weapon,” refers to a crime that can be added to other knife offenses. ADW means that an attack was committed with a lethal weapon or other means of lethal force. Assault with a lethal weapon is a trembling offense with a maximum sentence of 4 years in California State Prison for a criminal conviction. I know this may sound silly, but do knife laws apply to blunt blades? I thought about delivering a knife and I want to know if it would be illegal even if the knife was blunt. I live in SF/BA and I am under 18 years old. All sword knives are illegal in California. There is a list of legality always illegal and exception. A kitchen knife becomes illegal if it is sharpened or altered on both sides to increase the likelihood that it will result in serious bodily injury or death. Thanks Steve California has relatively friendly laws on knives, but as you might expect, with large urban centers like Los Angeles and others, there are some differences between urban laws and restrictions in other areas.
Unlike other states with outdated knife laws, California`s knife law is modern and up-to-date. This article will talk about what is legal, illegal and in the gray area regarding knives in California. You must be 18 to legally buy a knife in California, the same goes for the legal ability to carry one. Unless your parental guardian is with you and you have their permission. To be at La, the length of the blade must be less than 3 inches. Besides hidden harbor crimes, California also has other laws that further restrict your right to have and use a knife.