The Most Common Questions About Knife Laws in California

California 2023 Knife Laws - Most Common Questions

In California, knife laws are divided into three categories based on the type of device: 

• Knives that can be openly worn but not concealed - This refers to “dirks and daggers,” which can be used as stabbing weapons and have no blade folding mechanism. While individuals may carry these knives in a sheath in public, it is illegal to concealed carry them. Examples of these types of knives can include

  • Kitchen knives

  • Ice picks

  • Other fixed-blade knives

• Knives that can be carried both openly and concealed - Folding knives, on the other hand, can be carried either concealed or openly in California, as long as they are in the folded position, except for switchblades. These knives are opened by applying pressure on the blade, and there is resistance when opening the blade. The length of the blade does not matter, and these knives can include:

  • Pocket knives

  • Swiss army knives

  • Box cutters

  • Other utility knives

• Knives that are always illegal to carry - In California, there are knives that are strictly prohibited to possess, manufacture, sell, and import. Some examples of these knives can include:

  • Switchblades (Penal Code 21510 PC)

  • Belt Buckle Knives (Penal Code 20410 PC)

  • Ballistic Knives (Penal Code 21110 PC)

Apart from the regulations mentioned above, individuals in California are also prohibited by state laws from carrying certain types of knives in certain areas. According to Penal Code 171b PC, individuals cannot carry knives into public buildings, while Penal code 626.10 PC prohibits carrying knives into schools. Additionally, certain federal properties also restrict the carrying of knives. 

Furthermore, California law also criminalizes actions taken with knives, including:

• Brandishing a knife (Penal Code 417 PC)

• Using a knife if the commission of an assault (Penal Code 245a1)

Penalties For Carrying Illegal Knives In California

Carrying a knife illegally can have severe legal consequences. Depending on the circumstances, individuals caught violating knife laws could face both misdemeanor and felony charges. The penalties for illegally carrying a knife if California could include:

• Custody in county jail for up to three years

• Fines of up to $10,000. 

It’s important to note that these penalties could vary depending on the state and the specific nature of the offense. Therefore, it is essential to know the knife laws in California that pertain to a resident or tourist’s city to avoid carrying a knife illegally to avoid facing these severe consequences. 

Possible Defenses For Those Charged With Illegally Carrying  Knife In California

If you are facing charges related to the illegal carrying of a knife in California, there are several possible defenses that a charged individual may be able to raise to challenge the allegations. These can include:

• Violation Of Rights - One possible defense is to argue that the police conducted an unlawful search or seizure, which means they violated the individual’s constitutional rights when they discovered the knife. 

• Prove The Knife Wasn’t Illegal - Another potential defense is to demonstrate that the knife in question was not actually an illegal knife under California law. 

• Unaware The Knife Was Prohibited - A charged individual may also be able to argue that they did not know that the knife they were carrying was prohibited, which can be a valid defense in certain circumstances.

It’s important to work with an experienced California criminal defense attorney that is well versed on the California knife laws in 2023 and can help their clients build a strong defense strategy based on the specific details of the case.

What Are California Knife Laws Pertaining To Using A Knife As A Weapon?

In the United States, it is a serious offense to use a knife as a weapon. There are three main laws that criminalize such behavior. They are as follows:

• Brandishing A Weapon - This law makes it a crime to draw or exhibit a knife or other deadly weapon in a threatening manner.

• Assault With A Deadly Weapon - This law applies when someone uses a knife to cause serious bodily injury to another person. 

• Use Of A Dangerous Weapon - This law imposes additional penalties when a knife or other dangerous weapon is used during the commission of a crime. 

Together, these laws work to deter individuals from using knives as weapons and hold accountable those who choose to do so. 

What Does It Mean To Brandish A Weapon In California?

In California, it is illegal for someone to brandish a knife according to Penal Code 417. The term "brandish" refers to waving a knife in a rude, angry, or threatening manner. If found guilty of violating this law, the individual can face a misdemeanor charge and a jail sentence of 30 days to one year in county jail. However, if the circumstances warrant it, such as if the individual has prior offenses, the punishment for brandishing a knife can carry a sentence of up to three years in jail.

What Is Assault With A Deadly Weapon Including A Knife Mean?

Assault with a deadly weapon, or ADW, is a criminal offense under California's Penal Code 245a1. This law defines ADW as an assault committed using a deadly weapon or other means of force likely to cause serious injury to another person. According to California law, a knife can be classified as a deadly weapon, so using a knife during an assault falls under the category of ADW. Violating this law is considered a felony offense, and if found guilty, the individual can face up to four years in state prison as a penalty.

What Are The Penalty Enhancements For Personal Use Of A Dangerous Weapon?

Penal Code 12022 is a California law that imposes increased sentencing for felons who use deadly weapons while committing a felony. This law states that if a defendant was armed with a firearm or used a dangerous or deadly weapon during the commission of a crime, they will face enhanced prison time. As knives fall into the category of deadly weapons, PC 12022 applies when a person uses a knife to commit a felony. 

The additional prison time under this law is typically one year, but it cannot increase the penalties for brandishing a weapon or committing an assault with a deadly weapon. It should be noted that the extra prison time is separate and consecutive to the punishment for the underlying felony offense.

What Size Knife Is Legal To Carry in California?

In California, switchblades with blades longer than two inches are prohibited by law. On college, university, and school premises, fixed-blade knives with blades over two-and-a-half inches are also illegal. Additionally, it is illegal to carry any knife with a blade longer than four inches in a public building.

However, California state law does not have any specific regulations on the maximum length of knives. Certain localities, such as Los Angeles, do have their own restrictions. For instance, in Los Angeles, openly carrying knives with blades longer than three inches is prohibited.

As previously discussed, it is against the law to carry concealed dirks or daggers in California. Disguised blades are also prohibited by law.