California Knife Laws - What You Can & Cannot Carry (2024)

California Knife Laws (a former D.A. explains)

California knife laws are among the strictest in the U.S., and several cities and counties have even stricter local knife laws you are expected to follow. Many knives such as switchblades meet the statutory definition of “dangerous weapons,” which means possession, manufacturing, and sales are tightly regulated.

Below our California criminal defense attorneys provide a general overview of what knives you may carry openly, concealed, or not at all. We also discuss location restrictions, the penalties for violating the law, and how to fight criminal charges.

California laws by knife

Folding knives

California Penal Code 17235 permits both the open- and concealed carry of folding knives provided that they are in a folded or closed position. Permissible folding knives include:

  • pocket knives,
  • Swiss-army knives,
  • non-locking folding knives,
  • certain utility knives, and
  • spring-assisted knives (not switchblades).1

Note that if a folding knife is extended and locked into position, then it becomes a “dirk” or “dagger,” which has different rules (discussed next).

Fixed-blade knives

California Penal Code 21310 PC makes it a crime to carry a concealed fixed-blade knife, also called dirks or daggers. You may openly carry a fixed-blade knife provided that:

  1. the knife is contained within a sheath, and
  2. the sheath is worn suspended from your waist.

(A “pocket clip” carry of a knife is probably considered concealed, though the law is ambiguous.)

Examples of fixed-blade knives include:

  • stilettos,
  • chef’s knives,
  • ice picks, and
  • bowie knives.

Carrying a concealed fixed-blade knife is a wobbler in California. This means it can be charged as either a misdemeanor or a felony.2

Concealed carry of a fixed-blade knife
California penalties
Misdemeanor Up to 1 year in jail and/or $1,000
Felony 16 months, 2 years, or 3 years in jail and/or up to $10,000

California Knife Laws - What You Can & Cannot Carry (1)

The state of California has stringent open carry and conceal carry laws.

Switchblades

California Penal Code 21510 prohibits switchblades, which are defined as:

  • knives with the appearance of a pocketknife,
  • with a blade length of 2 or more inches, and
  • which can be released by a flick of a button, pressure on the handle, flip of the wrist, or another mechanical device.

Switchblades also go by the names:

  • automatic knives,
  • spring-blade knives,
  • spring-loaded knives,
  • snap-blade knives,
  • ejector knives, and
  • pushbutton knives.

In California, switchblades also include:

  • butterfly knives,
  • balisongs, and
  • gravity knives.

Possessing, carrying, or selling a switchblade is a misdemeanor in California, carrying up to six months in county jail and/or $1,000 in fines.3

Other prohibited knives

As with switchblades, the following knives are prohibited in California:

  • air gauge knives (PC 20310),
  • ballistic knives (PC 21110),
  • belt-buckle knives (PC 20410),
  • cane swords/cane knives (PC 20510),
  • lipstick case knives (PC 20610),
  • shobi-zues (PC 20710),
  • shurikens, ninja stars and throwing stars (PC 22410),
  • undetectable knives that metal detectors miss (PC 20810), and
  • writing pen knives (PC 20910).

The possession, sale, manufacture, or import of undetectable knives is a California misdemeanor carrying up to six months of jail time and/or $1,000. For any other type of prohibited knife, prosecutors can bring misdemeanor or felony charges. Felony penalties include:

  • 16 months, 2 years, or 3 years in jail and/or
  • up to $10,000.4

California Knife Laws - What You Can & Cannot Carry (2)

Knife-free zones in California

Public buildings

Penal Code 171b makes it a crime to bring or possess certain knives into California state or local public buildings or at meetings required to be open to the public.12Prohibited knives under this statute include:

  • any knife with a blade over 4 inches, and it has a fixed blade (or one that can be fixed), and
  • any prohibited knife under the law.

Violations can be prosecuted as either:

  • misdemeanors carrying up to 1 year in jail and/or $1,000, or
  • felonies carrying 16 months, 2 years, or 3 years in prison and/or up to $10,000.

Schools and on school grounds

Penal Code 626.10a1 bans certain knives on the grounds of:

The prohibited knives include:

  • dirks or daggers,
  • knives with blades longer than 2.5 inches,
  • a folding knife with a fixed blade that can lock into place (“locking blade”),
  • ice picks, and
  • a razor blade with an unguarded blade.

Violations can be prosecuted as either:

  • misdemeanors carrying up to 1 year in jail and/or $1,000, or
  • felonies carrying 16 months, 2 years, or 3 years in prison and/or up to $10,000.

Additionally, Penal Code 626.10a2 makes it a misdemeanor to bring a razor blade or box cutter to the grounds of a K-12 school. Penalties include up to one year in jail.5

Federal property

15 USC 1241-44 make it a federal crime carrying up to five years in prison to:

  1. introduce or transport a switchblade in interstate commerce, or
  2. possess a switchblade on federal or Indian lands, or lands subject to federal jurisdiction.

This law does not apply to if you have only one arm and if the switchblade’s blade is three inches or less in length.6

Local knife laws

Many California counties and municipalities have knife ordinances that are more restrictive than state laws. For example:

  • Los Angeles prohibits openly carrying in public any knife with a 3-inch or longer blade . (Section 55.10)
  • Oakland bans carrying knives with a blade of 3 inches or longer. (Section 9-36.010).
  • Sacramento County prohibits knives on any county property. (Section 9.42.010)
  • San Diego County bans the possession of “throwing knives” at county parks. (Section 41.117)
  • San Francisco bans loitering while carrying concealed knives with a 3-inch or longer blade. (Section 1291)

What is legal in one city may be illegal in the next, so you are strongly advised to check all local ordinances before carrying or transporting any knives there.

Occupational exceptions

Hunters, construction workers, cooks, gardeners, and other people for whom knives are “tools of the trade” may have relaxed knife restrictions. Just be sure to check California state and local regulations with regard to your particular job or activity. Plus, when you are not “on the job,” you must follow the same knife laws as everyone else.

California Knife Laws - What You Can & Cannot Carry (3)

Self-defense with knives

California law permits you to use legal knives in self-defense or defense of others as long as:

  • you reasonably fear immediate bodily harm, and
  • you use proportional force to deflect the threat.

If you use a knife in self-defense when it is not reasonably necessary, you could face criminal charges such as for the following:

Knife crimes California penalties
Brandishing in a rude, angry, or threatening manner (PC 417) Misdemeanor: 30 days to 1 year in jail and/or $1,000

(Brandishing at a daycare or in front of a police officer can be a felony carrying 16 months, 2 years, or 3 years in jail and/or up to $10,000.)

Assault with a deadly weapon (PC 245a1) Misdemeanor: up to 1 year in jail and/or up to $1,000

or

Felony: 2, 3, or 4 years in state prison and/or up to $10,000

Committing a felony with a knife or while armed with one (PC 12022) A year in prison in addition to the penalty for the felony

If you wish to carry a knife for self-defense, make sure it is legal under both state and local law. Also, you should not use it unless you are facing a serious threat; in some cases, merely brandishing a knife – and not using it to stab – would be sufficient to ward off any danger.7

In any case, you are advised to carry pepper spray or a stun gun instead of a knife – they immobilize your assailant without lethal consequences.

Fighting knife charges

Here at Shouse Law Group, we have represented literally thousands of people charged with crimes involving weapons, including knives. In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries.

  1. Law enforcement conducted an unlawful search and seizure. If police found the knife by violating your Fourth Amendment rights, we would ask the judge to suppress the knife as evidence. If the court complies, the D.A. may be forced to drop your case for lack of proof.
  2. Your knife was legal. Illegal knives have precise legal definitions. If we can show your knife’s blade length or operating mechanism falls outside of that definition, you should not be convicted of possessing an illegal knife.
  3. You did not know you had a switchblade. If you did not realize your switchblade was illegal or had the characteristics of a switchblade, you should not be convicted of possessing it. This is an effective defense because prosecutors have no way of getting inside of your head and knowing your intent.8
  4. The knife was not concealed. We have had cases where clients were carrying legal knives openly, but the police mistakenly thought they were concealed. In these cases, the police’s own bodycam footage can help get a concealed carry charge dismissed.
  5. You acted in lawful self-defense. As discussed above, you may use a legal knife in self-defense as long you believe it is reasonably necessary and you use reasonable force. Valuable evidence in these cases to show you acted within the bounds of self-defense are surveillance video, eyewitness accounts, and medical records.

Additional reading

For more in-depth information, refer to these scholarly articles:

Legal References:

  1. California Penal Code section 17235 and PC 21510. See also People v. Castillolopez (2016) 3 Cal. 4th 322 (Swiss Army-style knives are never locking daggers/dirks). See, for example, CALCRIM No. 2502.
  2. PC 21310. See also People v. Hester (Cal. App. 2020) 58 Cal. App. 5th 630. PC 20200. See also In re: Luke W (2001) 88 Cal. App. 4th 650 (credit card multi-tool knives are not concealed daggers/dirks). See also CALCRIM No. 2501 (“substantially concealed test” may be used). PC 16470. See People v. Picket (Cal. App., 2013) B241373 (no clear applicability between Second Amendment and dirks/daggers). See same. See also PC 1170h.
  3. PC 21510. PC 17235; see also People ex rel. Mautner v. Quattrone, (1989) 211 Cal. App. 3d 1389. See also In re: Gilbert R. (2012) 211 Cal. App. 4th 514 (“”Switchblade knife” does not include 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, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position.”).
  4. See also PC 16590, which is California’s statute on generally prohibited weapons.
  5. See also State v Hester, (2020) 58 Cal.App.5th 630 (there is no allowable blade length for concealed dirks/daggers).
  6. 15 USC 1242. 15 USC 1243. 15 USC 1244.
  7. CALCRIM 3470.
  8. CALCRIM No. 2502. See also People v. Mitchell (2012) 209 Cal.App.4th 1364 (intent to conceal or cause harm is not an element of the crime). See also People v. Bermudez (2020) 45 Cal. App. 5th 358. See, for example, People v. Rubalcava, (2000) 23 Cal.4th 322 (carrying a concealed dirk or dagger is a general intent crime, which does not require an intent to break the law). See, for example, People v. Gonzales (1995) 32 Cal.App.4th 229.
California Knife Laws - What You Can & Cannot Carry (2024)

FAQs

California Knife Laws - What You Can & Cannot Carry? ›

Bottom Line on California Knife Laws

What knife can I legally carry California? ›

This includes a “pocketknife” or “Swiss army knife,” box cutter, or “utility knife.” According to California Penal Code Section 17235, all folding knives are legal in the state and may be concealed as long as they are in the folded position. There is also no restriction on the blade length of a folding knife.

How long of a knife can you carry in your car in California? ›

If a folding knife is openly carried in an extended and locked position (ie: if it's unfolded), then it becomes a dirk or dagger and must be carried in a sheath on the waistband. California allows people to carry folding knives of all sizes, but switchblades must have a blade that is 2 inches or less.

Can you wear a neck knife in California? ›

According to the American Knife and Tool Institute, “It is unlawful [in California] to carry concealed upon the person any dirk or dagger which is defined to include essentially any fixed blade knife.” Yes, neck knives are “dirks or daggers.” However, you can carry a knife on your person in plain sight (such as in a ...

Is it legal to carry a sword in California? ›

To carry a sword in California, it must be sheathed/scabbarded, carried openly, and not possess any attributes that lessen its ability to be clearly recognized as what it is: a sword.

Can you carry a butterfly knife in California? ›

Under Penal Code 21510 PC, butterfly knives are considered a form of a switchblade and are illegal in California. Specifically, it is a crime to carry, possess in public, sell, or otherwise transfer a butterfly knife. Convictions are misdemeanor offenses that carry up to 6 months in jail.

What's the legal size of a pocket knife? ›

In the United States, there is NO legal limit for pocket knife size. In some stated, counties and cities there may be size limits. In these places, 2.5″ is a fairly common size limit, but it's wise to check out YOUR local laws to see if there is a limit and if so, what it is.

What is a dirk knife? ›

A dirk is a long-bladed thrusting dagger. Historically, it gained its name from the Highland dirk (Scottish Gaelic dearg) where it was a personal weapon of officers engaged in naval hand-to-hand combat during the Age of Sail as well as the personal sidearm of Highlanders.

Why are automatic knives illegal in California? ›

Because of how easily they can be concealed, switchblade knives are considered to be highly effective weapons. As a result, carrying a switchblade on one's person or in one's vehicle or offering to sell or provide a switchblade to another person is a criminal offense under California Penal Code Section 21510 PC.

What is the difference between a folding knife and a switchblade? ›

Deployment: Switchblades can be opened extremely quickly with one hand. Folding knives require two hands for deliberate opening. Locks: Folding knives have locking mechanisms to keep the blade open. Switchblades use spring tension rather than locks.

Can you wear a knife on your belt in California? ›

Bottom Line on California Knife Laws

No concealed carry of knives with blades over 2 inches. Only pocket knives, not fixed blades, can be carried concealed. Open carry of fixed blades on your belt is legal if less than 5 inches. Switchblades, daggers, cane swords, and other exotic knives are illegal.

Can you use a folding knife for self-defense in California? ›

Folding Knives: With the exception of switchblades (which are illegal), folding knives such as Swiss army knives, pocket knives, and box cutters are legal to carry. However, they must be in a closed position when carried in public. Personal Alarms: California has no restrictions on possessing or using personal alarms.

Can you carry a knife on your hip in California? ›

California Penal Code 21310 PC makes it a crime to carry a concealed fixed-blade knife, also called dirks or daggers. You may openly carry a fixed-blade knife provided that: the knife is contained within a sheath, and. the sheath is worn suspended from your waist.

Can I carry a knife in my car in California? ›

A: In California, you can legally purchase, own, transport, and carry any knife that is not restricted under the law. California's open carry law states that the hilt or handle of a knife can't be hidden or concealed.

What weapons are legal to carry in California? ›

Five legal self-defense weapons in California are:
  • pepper spray,
  • stun guns or tasers,
  • certain knives (such as a pocketknife or non-switchblade folding knife),
  • personal alarms, and.
  • certain guns (such as handguns or shotguns).
Mar 29, 2024

Are throwing knives legal in California? ›

There are no California laws against ownership of any kind of knife, other than a switchblade. Assuming that the throwing knife has a fixed blade, it would be illegal to carry it concealed on your person, but state law would not prohibit carrying it openly (which would include openly carried in a belt sheath).

What is a dirk or dagger in California? ›

A dirk or dagger is a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death.

Are spring assisted knives legal in California? ›

A spring assisted knife is legal in California as long as it “opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that ...

What is the difference between a switchblade and a folding knife? ›

Deployment: Switchblades can be opened extremely quickly with one hand. Folding knives require two hands for deliberate opening. Locks: Folding knives have locking mechanisms to keep the blade open. Switchblades use spring tension rather than locks.

Why are switchblades illegal in California? ›

Because of how easily they can be concealed, switchblade knives are considered to be highly effective weapons. As a result, carrying a switchblade on one's person or in one's vehicle or offering to sell or provide a switchblade to another person is a criminal offense under California Penal Code Section 21510 PC.

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