A Primer on California Knife Laws
There are several factors that influence the legality of possession, use, and carry of a knife in California. The general categories we consider to evaluate knife laws, either as a defense layer or general guideline, are the following: There are several other knife-related laws, but by reviewing these areas, we can begin to understand how California’s knife laws apply to us.
Knife Blade Lengths and Knife Bans The Criminal Code section 17235 states: (a) Except as provided in subdivision (b), all knives are prohibited on school grounds with the exception of the following: (1) Folding knives with a blade length of two and one-half inches (2 1/2") or less. (2) Razors, either "safety" or "guarded." (3) Plastic or metal cutlery with blades less than two and one-half inches (2 1/2") in length. (4) Viscera or fillet knives with a blade length of less than six (6") inches. (5) Butter knives. (6) Pen knives in which the blade is housed inside the barrel of the pen when not in use. (b) Any person violating this section is guilty of an infraction, which may be punishable by a fine of seventy-five dollars ($75) for the first violation, two hundred fifty dollars ($250) for the second violation, and five hundred dollars ($500) for the third and each subsequent violation . (c) This section does not apply to any of the following: (1) A person who possesses a knife that otherwise meets the prohibitions of this section if the knife is in a vehicle or otherwise in a location where the person is permitted to be and is stored the entire time in the trunk of the vehicle, a locked container affixed to the interior of the vehicle, or in a locked container that is in a secured area of the vehicle, as that term is defined in paragraph (7) of subdivision (b) of Section 12557 of the Vehicle Code. (2) A person with a disability who uses a wheelchair, cane, crutch, or other prosthetic or assistive device. (3) A person whose principal place of employment is on school grounds and who is required by that place of employment to possess a knife to work, provided that the person possesses the knife only during the hours of employment. In California, most knives are legal to possess. However, there are restrictions and knife bans, especially around schools and government buildings. The above section outlines the child safety knife ban, but similar knife laws exist for local ordinances and nearby federal buildings. The different jurisdictions vary on what knives are restrictable.
Blade Length Permissible Under California Law
California Penal Code 17235 PC defines the maximum blade length for any knife that is not a dirk or dagger as 2.5 inches. In other words, the statute prohibits the open carry of any knife that has a blade longer than 2.5 inches.
The actual text of the statute states:
17235. (a) For the purpose of this section, "knife" means a solid blade with a sharp point or sharp end that is double-edged and capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A knife is a dirk or dagger if it may inflict great bodily injury or death by utilizing a stiff blade held and utilized in a stabbing manner, in which case the movement is directed toward the actor and not the thrust away from the actor into an inanimate object where the thrust may be operative in causing greater injury.
(b)(1) Any person who carries a dirk or dagger concealed upon his or her person is punishable by imprisonment in the state prison for 16 months, or two or three years. (2) Any person who carries a dirk or dagger concealed upon his or her person when the person is an inmate in a state prison specified in paragraph (3), or is a local prisoner, as defined in Section 4501.5, is punishable by imprisonment in the state prison for three, four, or five years. (3) For purposes of this section, "state prison" means a facility specified in paragraph (1) or paragraph (2) of subdivision (b) of Section 4501.2.
(c) As used in this section, "openly exhibit" means to show the dirk or dagger in a rude, insulting, or threatening manner, i.e. towards another person.
The Difference Between Pocket Knives And Other Blades In California
Differentiating Between Pocket Knives and Other Types of Blades: The California Approach
Whereas knives have simple classifications, such as folding knives, belt knives, switchblades and daggers, California law takes a much more convoluted approach to determining illegal blade lengths.
Indeed, under Penal Code sections 16590 and 171b, there is a distinction between a "pocket knife" and all other knives; this distinction is important as it determines what the actual blade length limitations are as well as the legal definitions of some commonly known knives:
- A "pocket knife" that meets the criteria of California Penal Code section 16470 is a knife that is defined as a "folding knife that satisfies all of the following requirements: (1) The blade folds into the handle; (2) The blade is locked into place when in the open and locked position; (3) The blade is 2.5 inches or less in length; and (4) When in the closed position, the overall length of the knife, including the blade, is less than 4 inches."
- An "illegal knife" (of which there are five different types as defined by California Penal Code section 17235) is one that is not a kind of "pocket knife": (1) It has a blade longer than 2.5 inches; (2) The blade length is greater than that of the handle; (3) It is a switchblade, that is, a knife that has a blade that opens automatically by flick of a switch, pressure on the handle, or other mechanical device; (4) It is a poignard with a blade that is 4 inches or more in length; and (5) It is a dirk, that is, a stabbing knife with a pointed blade, or dagger.
- A "dirk" or "dagger" means "a knife having two cutting edges. Dagger includes any knife or other instrument with a pointed straight edge, that is capable of ready use as a stabbing weapon that may inflict great bodily harm or death."
As an example of how these definitions interact with each other, the California Attorney General’s Office set out the different types of knives that fall within these definitions in an opinion written in 2000 (Op. No. 00-608, November 7, 2000):
"[A] knife that has a blade less than either four inches or 2½ inches can be either a dirk or dagger or an illegal knife, depending on the size of the blade. A dirk or dagger is a stabbing knife having a point and two cutting edges, and a blade of at least four inches in length. (Pen. Code, § 17325.) However, a dirk or dagger with a blade measuring less than four inches in length is considered an illegal knife if the blade length exceeds the handle length. (Id.) A knife with a blade shorter than two and one-half inches cannot be a dirk or dagger, because the blade length requirement of at least four inches is not satisfied. Nevertheless, that knife may still be classified as an illegal knife if its blade length exceeds that of the handle. (Id.)"
In summary, keep in mind that it is the blade length that dictates legality in California — the mere fact that a knife has "pocket" in its name does not mean that it is legal to carry or use in this state.
Miscellaneous Exceptions and Special Circumstances
It is important to know that there are a few instances when law enforcement will not charge you with possession of a knife regardless of the specifications outlined above. These are:
• If you are a "manufacturer" of parts for knives or otherwise work in the knife-manufacturing industry, as long as you can prove that the knives were manufactured for display or sale, not for a violation of California’s knife laws.
• If you are a bladesmith and you have a forge, a hammer, and a piece of steel, you may keep an unfinished blade without concern of prosecution as a criminal offense.
• If your vocation (i.e. your profession) or religious practice requires you to carry a relatively short knife at all times, you may actually be legally allowed to own a knife with an unusually long blade, so long as you can establish proof of your vocation/religious practice and show why you need the longer knife for that practice.
Penalties for Violating The California Blade Length Law
When it comes to knife blade length laws, California statutes are very specific and finely nuanced. Consequently, there are myriad rules and restrictions. Few get memorized by "average" residents.
However, if you possess a knife with a blade that is too long (or too short), you can be arrested and criminally charged for doing so. In other words, ignorance of the law is not a legal defense. Thus, if you are found to have a blade length that is somehow deemed unlawful, various potential penalties may be applied.
After all, penalties for blade length violations in California can be harsh – particularly for the most serious convictions that may be associated with such cases. Blade length is not even the only applicable statute one must obey. In addition to blade length , knives can be evaluated for other features that influence their legality according to law enforcement and criminal courts in the Golden State.
On top of everything else, knife-related offenses can also be serious enough to result in juvenile delinquency proceedings, sexual violence convictions (which lead to land on the sex offender registry), ten years on state parole (and increased sentences), and more.
No matter your age or criminal background, California courts, law enforcement, and various knives associations generally take knife blade length restrictions very seriously.
Local Ordinances Concerning Knives and Other Blades
Many of California’s cities, towns and counties have ordinances that further restrict the length of knife blades above, beyond, or even in contradiction to what California law proscribes. For instance, some municipalities exempt knives on the grounds they are tool toys or prop knives, more below.
Local ordinances or regulations that restrict knife blade length, or knife usage in general, may be enforceable even if they are more restrictive or stricter than what California state knife laws currently set forth.
There is no shortage of knife ordinances in California as most counties and incorporated cities have restrictions and prohibitions on knife blade lengths for "knives" and other edged instruments. Some municipalities possess rules regarding prohibited weapons more generally. Furthermore, some of these ordinances prohibit the possession or use of knives, firearms or dangerous weapons of any type on public property, or in places open to the public. These ordinances or prohibitions may be enforceable even if they are more restrictive than what California state law sets forth.
Due to the multitude of local ordinances, it is best to check for restrictions within your municipality or county. Some ordinances that are stricter than California laws are as follows. Los Angeles County Ordinance (Section 11.0406): This ordinance prohibits persons from possessing knives having a blade measuring longer than three inches on public streets, sidewalks, parks, playgrounds, and beaches, and other locations under the jurisdiction of Los Angeles County. The City of Los Angeles has further restrictions and prohibitions on blade sizes, and the types of knives that are prohibited from being possessed or used.
City of San Francisco Police Code (Chapters 2 and 6): San Francisco’s police code is excessive in that it provides for loose definitions, misapplication of terms, and over generalize. Essentially, San Francisco’s ordinance builds off of Penal Code definitions and then injects vagueness. It defines knife as any knife or similar implement or device having a blade or bladed weapon, an article or weapon commonly known as a dirk or dagger, a razor, or any other dangerous or deadly cutting instrument. However, this definition is not limited to those set forth in California Penal Code Section 17235.
In addition to the penalty imposed by California Penal Code Section 12020, the San Francisco Police Code applicable to knife possession provides criminal fines that range from $100 to 500 also apply and upon conviction, are payable before release. Furthermore, even if no action has been taken against you, the city can take action against your property and seek to declare knives as public nuisances under San Francisco’s ordinance.
City of Long Beach Municipal Code: This municipal code also suffers from excessive rules that further define terms, but importantly, it treats the possession of a dagger or dirk, knife, razor, sword cane, sword, or other bladed weapon as a nuisance. This municipal code provides for community notification or a nuisance abatement action may be brought. Supervisors and city departments are also authorized to erect posts on public lots, streets, alleys, or parkways designating that weapon possession in violation of its municipal code constitutes a nuisance under California Civil Code Section 3494.
Focused governmental enforcement and private nuisance litigation in these municipalities may be expected as enforcement is ongoing and can lead to civil suits being implemented by cities in all areas of Los Angeles County, Orange County and throughout California.
Helpful Information And Tips For Knife Owners
When it comes to blade length, knife owners in California should keep the following tips in mind:
Be Mindful of Your Location: As mentioned previously, state law will govern your knife in public settings. So exercise care when you are in a place that is open to the public.
Do Keep Your Knife Concealed in Public: In virtually all circumstances, you will benefit from having your knife concealed in public. That way-even if you are stopped by a police officer or another law enforcement official-the officer is unlikely to insist that you present your knife to him or her to see if your knife exceeds 2.5 inches in blade length.
Don’t Push Your Luck: If a police officer insists on testing the length of your knife blade , you should comply and allow the police officer to take your knife and perform the length test. It is crucial that you do not find yourself in a situation where you have reason to believe that the officer believes that you are disobeying an order to produce your knife. Alternatively, you should not attempt to hide your knife or flee from an officer that is demanding that you allow them to measure your knife’s blade length. Both of these actions can result in penalties for you that are far more severe than those concerning whether your knife blade measures more than 2.5 inches in length.