Having a thorough grasp of California’s knife laws is essential if you’re facing criminal charges or simply want to stay on the right side of the law. Whether a knife is legal to carry or possess in California depends on several factors, including the type of knife, how it’s carried, and where you are when you’re carrying it.
This article will fill you in on what you need to know about knife laws in California. Contact a criminal defense attorney today for a confidential consultation if you’ve been charged with a crime or need legal help.
Are Knives Legal to Carry in California?
Some knives are legal to own and carry in public, while others are not. California Penal Code § 21310 and other statutes lay out the rules.
Generally speaking, California divides knives into three major categories:
- Switchblade knives, such as ejector knives or pushbutton knives
- Folding knives, such as pocket knives or Swiss Army knives
- Fixed-blade knives, such as kitchen knives or hunting knives
You can legally carry most folding knives in your pocket or another concealed location as long as the blade is folded. Switchblade knives with blades longer than two inches are illegal to carry. Fixed-blade knives must be carried in a sheath worn openly on your person.
Carrying a fixed-blade knife concealed is a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony.
Prohibited Knives in California
While many common knives are legal, some are strictly prohibited under California law. If you’re caught with one of these, you could face weapons charges even if you weren’t using the knife for any unlawful purpose.
Examples of prohibited knives include:
- Switchblades with blades two inches or longer
- Ballistic knives that shoot the blade out like a projectile
- Concealed dirks or daggers
- Lipstick knives, belt buckle knives, and cane swords
- Undetectable knives, such as those made entirely of hard plastic
Possessing or selling any of these knives may result in misdemeanor or felony charges. The consequences can include jail time, fines, and even a criminal record that affects your employment and housing opportunities.
Concealed Carry vs. Open Carry
How you carry a knife is just as important as what kind you carry. California law is strict regarding concealed carry, particularly for fixed-blade knives.
You can be charged with a crime if:
- You carry a concealed dirk or dagger, which includes any fixed-blade knife capable of causing serious bodily injury.
- You carry any prohibited knife in your pocket, bag, or under your clothing.
In contrast, open carry of a legal knife (such as a fixed-blade knife in a sheath on your belt) is generally allowed for lawful purposes, like fishing or hunting.
Still, open carry of a knife may raise suspicion or lead to arrest if you’re in a sensitive location (like a school or airport). It’s best to avoid carrying any kind of weapon into public or government buildings.
Knife Offenses and Criminal Charges
Violating California’s knife laws can lead to a range of criminal charges. The severity of the charge often depends on factors like your intent and whether the knife was used in connection with another crime.
Potential charges include:
- Unlawful possession of a dangerous weapon
- Carrying a concealed dirk or dagger
- Possession on school grounds
- Brandishing a weapon
If a knife is used in the commission of a crime, like an assault or robbery, the penalties can be enhanced and may result in a strike offense under California’s Three Strikes Law.
How a California Criminal Defense Lawyer Can Help
If you’ve been arrested or charged with a knife-related offense, an experienced criminal defense attorney can help you fight back against the prosecution. These cases often involve gray areas, and the facts matter.
Your lawyer can:
- Investigate whether the search and seizure were legal
- Determine whether the knife actually meets the definition of a prohibited weapon
- Argue that you had no criminal intent or were using the knife lawfully
- Negotiate to have the charges reduced or dismissed
- Represent you in court and protect your rights every step of the way
In many cases, a skilled attorney can get the charges dropped, especially if it’s a first-time offense or the knife was carried for legitimate purposes.
Contact the California Criminal Defense Lawyers at Ahmed & Sukaram, Criminal Defense Attorneys for Help Today
California takes its knife laws seriously, and violations can carry lifelong consequences. Regardless of whether you were trying to break the law, you could still face criminal charges based on how and where you were carrying the knife.
At Ahmed & Sukaram, Criminal Defense Attorneys, we’re here to protect your rights. If you’ve been arrested for a crime or just have questions about what’s legal, contact a California criminal defense lawyer today at (408) 217-8818 for an initial consultation.