Knife Laws – Can I Carry a Knife in California?

Overview of Knife Laws in California

Generally, a knife is simply considered a cutting tool. California statutes do not expressly define a knife. For example, the California Penal Code does not define the terms "dagger," "dirk," "switchblade," or "stiletto." Even more generally, the California Penal Code does not define "deadly weapon." Courts have taken the opportunity to create definitions for the above terms of art. Moreover, courts have done so by interpreting California statutes, as well as judicially developed "common law" in California. In fact, California common law has been the primary source of knife law development in California.
Perhaps the most famous knife decision was In re Jorge P., 6 Cal. App. 3d 540 (1970). In that decision, the court was asked to determine whether a folding knife with a blade that had no visible, external mechanism for opening was a "dirk or dagger." Holding in the affirmative, the decision defined a dagger as "an instrument, with a long slender and pointed blade used for stabbing or thrusting." Thus, if the folding knife’s blade were "designed to be and capable of use as a weapon for stabbing or thrusting" the knife is a dagger.
Even more interesting , the court went on to hold that "[t]he provisions of the section [PC417(a)] apply only to the ‘ordinary knife’ which, ‘when used in the manner for which and in the circumstances under which it was designed,’ would be likely to produce great bodily injury or death." Thus, under the decision, if a folding knife were not designed to be used as a weapon, it could not be illegal to carry.
This is a prescient decision. In 2018, a different California appeals court decided the exact opposite issue holding that a folding knife with a visible, external mechanism by which the blade could be opened was not a dirk or dagger. See People v. Pew, DBCV325366 (July 23, 2018). Clearly, these two decisions cannot both be law at the same time. Yet, they are.
The California Knife Law landscape is continually developing. Indeed, as of July 2019, the California legislature was considering modifying California Penal Code § 21310 to include "any folding knife whose blade is exposed using a button, lever, or other mechanical contrivance." What will the California Knife Law Landscape look like on January 1, 2020?

Types of Knives and Legal Restrictions

The legality of carrying a knife in California depends on the type of knife. Some knives are illegal to carry in California under any circumstance and its illegal to carry these knives concealed or openly, in your purse or backpack, or in your vehicle.
Pen knives are illegal to carry in any form, concealed, openly, in your purse or backpack, or in your car. Under Penal Code § 17235, it is illegal to carry a penknife openly or concealed in public places.
Dirks, daggers, daggers, and stiletto knives, even if they are sheathed and kept in a safe place carried in a purse or in the trunk of a car or truck are illegal to carry in California. Under Penal Code § 17320 if you carry concealed dirk or dagger that is a wobbler offense. If you’re found with a concealed dirk or dagger on you you’re looking at between 16 months to 3 years in jail or prison. If you’ve previously been convicted of carrying a dirk in the past, then you’re looking at 2-3 years for your second offense. More on previous convictions here. The police can arrest you if you are caught with a concealed dirk or dagger. However, it is up to the judge or prosecutor as to whether or not the charges will be pressed.
Knife blade knuckles, including belt buckle knives, are illegal to carry in California, concealed or openly, under Penal Code § 17235. Thus, you can’t carry them on your face, in your hand, with your clothes, or in your trunk, if the blade pops out. If you’re caught with knife blade knuckles, then you are looking at a misdemeanor. All knife blade knuckles, including belt buckle knives, fall under the category of a fixed blade weapon.
Switchblade knives, which are defined in Penal Code § 20710 and 20720 are illegal to carry in California. If you have a switchblade knife with a blade that is less than two inches, then you’re looking at a misdemeanor. If the blade is longer than two inches then you’re looking at a felony. The switchblade must also be able to "open with a flick of the wrist" to be classified as a switchblade (see Penal Code § 20800).
Regardless of the type of knife you have, if you have a concealed knife, it must be carried in a container.

Carrying Knives on Your Person or in Your Vehicle

Despite the legality of knife carrying in California, specific limitations on the kind and length of knives are imposed when you traverse public places. Various restrictions apply to knife carrying at schools and university campuses, within government buildings and structures, and on public transportation.
The Gun-Free School Zone Act enacted by the federal congress makes it a crime to possess dangerous knives such as daggers, dirks and stiletto knives on or near school properties. It is a "no tolerance" policy, meaning individuals in possession of knives on or near schools (without a defense) are subjected to felony prosecution with no plea bargains. The complete prohibition extends to community colleges and state universities in California. This restriction is codified into the California Penal Code (PC) under sections 626.10 and 626.10(a). Knives are not exempt from this prohibition as is the case with brass knuckles, batons, blackjacks and other melee weapons. The restriction is not applicable to culinary knives for non-weapon purposes and therefore does not apply to employees, students and guests of school districts permitted to possess knives for kitchen, maintenance and culinary needs.
The California legislature has lowered the bar for prohibition with respect to knives on school property, and now prohibits possession of knives with blades measuring two and one-half inches in length or longer, such as a pocket knife or a folding knife that automatically opens to expose the blade. The restriction extends to university campuses and is codified under California Penal Code section 626.10. The Knife Rights organization has tried to justify the restriction by arguing that many common folding knives can be opened e.g. using one hand and without prior notice of the action. The school safety restrictions also apply to public preschool facilities.
California law prohibits members of the public from possessing knives in government buildings such as courthouses, city halls, police departments, fire stations and other facilities housing government equipment, records and officials. Exceptions to the rule include items possessed for work purposes or by authorized persons designated to carry such items by the facility or agency in control of the government building as codified under California Penal Code section 171(b) and (c).
People using public transportation are subject to the relevant rules and restrictions governing the use of the respective public transit system. A recent memorandum by the San Francisco Police department states that, generally, knives are prohibited on BART trains and buses. Similarly, knives are prohibited on all Metro trains and buses in Los Angeles.

Penalties for a Knife Offense

When it comes to knives, California law is generally fairly harsh. That means that if you run afoul of the law, you may be subject to some strict penalties. Under most circumstances, being found in possession of a knife, even one that is legally owned, can result in fines of up to $1,000. Of course, the severity of the penalty will depend on the situation. If you simply have a small pocket knife and are carrying it openly or concealed in your jacket or purse but in a manner that suggests it is not meant to harm anyone, you may be issued a citation, fined $200, and given a chance to go before a judge to explain yourself . In circumstances in which you are found to be possessing a knife in a way that is deemed concealed, used in a threatening way, or not in accordance with the law, you may face much steeper penalties. Of course, if you have been accused of using your knife as a weapon, you may be arrested for more severe crimes than merely violation of California knife laws. In such cases, the government will seek the stiffest penalties possible. Notably, juveniles caught in possession of a knife may also face stiff penalties – so if your child is arrested for knife possession, you would do well to seek legal help immediately. The best way to avoid penalties for knife laws is to understand what you can and cannot do under California law.

Self Defense Laws and Knives

Self-defense laws play an important role in determining the legality of knife carrying, as well as the potential consequences for unlawful carrying. For purposes of California’s self-defense laws, a blade is considered a deadly weapon when it is used in any of the following manners: However, for a defendant to be exonerated under these circumstances, he or she must demonstrate that it was reasonable to have feared the approaching danger. This means that the circumstances of each self-defense case are fact specific and must take into account the type and size of the knife, the confrontation itself, and any other relevant data. Under California Penal Code Section 198.5, the "Castle Doctrine" is available to knife carriers to support their defense if the defendant has an "honest and reasonable belief that the house or residence is being entered by a person intent on doing harm." The law allows for the use of deadly force when confronting this person in response to his or her actions. Because of the broad wording of this statute, a self-defense knife carrying situation should be viewed on a case-by-case basis to determine whether self-defense would apply.

Tips to Ensure You are Following California’s Knife Laws

While awareness of specific regulations is the best way to ensure compliance with California knife laws, it’s simply not possible to have an intimate knowledge of all of the intricacies of this complex area of law. The best advice for most citizens is to be aware of knife restrictions in the form of ordinances, statutes, and case law. In addition, there are a few practical tips that can further enhance compliance: Keep your knife in plain sight. Carrying a knife on your belt with no attempt to conceal it demonstrates your intention to comply with the law. When you carry a knife in a manner that is clearly intended to avoid detection , you give police sufficient probable cause to make an arrest. Avoid switching between carry methods: While you may need to grab food from a public place in a hurry, if you switch back and forth between carrying a pocket knife and carrying a switchblade, or if you simply place your knife in your pocket as you walk through a school, you may find yourself confronted by police officials that suspect you simply don’t know the law well enough to comply. It’s important to remember that being charged with a knife offense is not the same thing as being found guilty of a knife offense. If you’ve been arrested on a knife charge and worry that you may have violated one of California’s knife laws, contact an experienced resource to learn how you can defend yourself.