Can I legally carry a knife in California? No part of the California penal code explicitly prevents minors (people under the age of 18) from carrying a knife. I currently live in North Carolina and am curious to know if I can legally carry a knife, concealed or open and what type? however because he is a minor, when he is traveling in a vehicle or bicycle, his knife MUST remain in its Sheath and LOCKED in a toolbox or tackle box (lock and key locked) and he must not have the knife concealed anywhere on his person. It is also illegal to possess disguised blades.24, People can openly carry a Bowie knife in California, but they cannot conceal carry a Bowie knife. The current statutory definition at 17235 for Switchblade knife is as follows: As used in this part, switchblade knife means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife, or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. With that being said, when carrying a knife youre at an increased risk for trouble with law enforcement and if you get detained, having a knife on you can potentially exacerbate the situation unless you have a very specific reason youre carrying the knife and can easily explain that to the detaining or arresting officer. The assault charge was dismissed at trial in the absence of proof that Hester had inflicted any injury. A separate section also prohibits any undetectable knife in the sterile area of any public transit facility. AKTI played a pivotal role in the adaption of the bias toward closure element which eliminates from the restriction knives using assisted opening technology. The same goes for Port lands: under SF Port Code 3.1, carrying dirk knives, bowie knives or other fixed blade knives on Port lands is considered to be disorderly conduct. so i live in minnesota and im going on a road trip to hilton head i want to purchase a knife from every state i go to can i get a knife in one state thats illegal in minnesota and bring it back with me? So what does that mean for a site that want to provide the most comprehensive set of laws for knives? 3 Cal. so are you saying that it is legal to own and carry a switch blade in Utah? Concealment is a factor under California law. 202 (1957 Reg. its a case xx fixed blade , $even inches long. Does this make the knife Legal to buy/sell/posses? bigsurbob said: Per the penal code there is no length limit as long as it is carried openly. Same can be said for guns, it is not the object itself which should be restricted, but the actions of the knife/gun holder. Please see previous question / answer. a knife that can be released by a flick of a button, pressure on the handle, flip of the wrist, or another mechanical device (an automatic knife). Laws and Regulations Read the text of San Francisco's Rent Ordinance, Rules and Regulations, and other state and local laws affecting rental property. . 6 years ago. However, assuming the sword is open carried in plain sight and sheathed within a scabbard or some equivalent method it is legal to possess and carry a sword. Switchblades and other spring-loaded knives in excess of 2 length are illegal to possess on your person or in your vehicle in California, and are also not legal to sell, loan, or give away. (There are certain exceptions, such as where the knife is for use in a lawful occupation, for lawful recreational purposes, or as a recognized religious practice.) The County of Los Angeles has a similar rule, which makes it illegal to openly carry, in public, any knife having a blade of three inches or more in length; any spring-blade, switch-blade or snap-blade knife; any knife any blade of which is automatically released by a spring mechanism or other mechanical device; any ice pick or similar sharp stabbing tool; any straight-edge razor or any razor blade fitted to a handle. In other words, it is illegal in Los Angeles County to openly carry any knife with a blade of 3 or longer. This is the most accessible resource for knife law Ive found, so I hope this feature request doesnt come across as unappreciative or lazy. Local Ordinances Heres Where the Law Gets Messy. And most of all, Please be safe!! The critical dimension is the total length of the blade including any unsharpened portion. Knives that may be carried either openly or concealed. The ban on switchblades and automatics has been repealed in Missouri, but it doesnt necessarily give you free range to carry a switchblade wherever you go in the state. If you guys by some miracle allow this comment to be posted, I hope that you will be kind enough to reply to me and explain why you did not approve any of my answers. I want to ask u have shiping to israel ? You need to update your Texas article. Examples of these types of knives include: A violation of these knife laws can lead to both misdemeanor and felony charges. 307-587-8296 They need to be careful how they word these states that have removed the Felony status / laws on these knives without misleading people to think that it is now legal to take your switchblade anywhere you choose inside that state. flag of California. You must log in or register to reply here. 20200. Mautner v. Quattrone, (1989) 211 Cal. Why would you take those responses and just dump them on the floor and not approve them? Any knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands is restricted in state or local public buildings or meetings as well as airports and passenger vessel terminals. We are asking permission of a system that is meant to serve us. California law does impose restrictions on carrying knives into some places. Penal Codes PC 20200 - Defines open carry as A knife carried in a sheath that is worn openly suspended from the waist of the wearer is not concealed within the meaning of Section 16140, 16340, 17350, or 21310. The information on here about the knife laws in Tennessee are outdated and incorrect. Can you tell me which state laws specifically equate carry and transport and which state laws specifically distinguish the act of carrying from the act of transporting? Assault with a deadly weapon PC 245a1, 4.3. See 17 SFPC 1292. possess a switchblade on federal or Indian lands, or lands subject to federal jurisdiction. It was changed a couple of years ago to no longer include automatic knives, aka switchblades , as well as balisongs (aka butterfly knives) under the definition of an illegal knife. any knife with a blade over four (4) inches and one that has a fixed blade (or one that can be fixed), or. KnifeUp provides free knife law guides for all 50 states. Carrying of concealed dirk or dagger; punishment However, the State never defined those terms. It also lets you know you may have to check on a particular jurisdictions (i.e. This is why I say the State Felony law may have been repealed in Missouri, but it is still buyer beware to know your local jurisdictional laws for where you tend to possess, travel with, and use the knife because those are the laws that will get you and you telling that officer, Sir, the state has rescinded the law making it legal to possess a Switchblade, that Cop can easily tell you well thats fine and good if you were on State property, but your in this little town and there is still a civil violation carrying upto X months in jail. Im looking to buy knives over sea and sell them online. For example, most pocket knives and almost all leathermans and multi-tools fit this description. In the case of pretty much all knives, there are a set of simple guideline you can go by to get a generalized understanding of the knife laws in the US in general, however, it still comes down to the laws, restrictions, and regulation of the jurisdiction that you are in with such a knife. I read through everything on your page relative to the 2 states, but am still unclear. Ill be waiting for youre reply. or not, Im surprised nobody has thought of this, but with the huge upset in the is with gun control (in my opinion is a bunch of b.s.) Additional restrictions based on county. Theres an exception to all of these for ordinary tools or equipment carried in good faith for uses of honest work, trade or business or for the purpose of legitimate recreation, and this will usually cover your folded pocket knife, assuming you can explain why you need it. Restrictions apply to all knives, except for non-locking folding knives with a blade no longer than two and one-half inches, on any public or private school property K through university. Updated May 25, 2021, by Daniel C. Lawson. Knives and daggers are explicitly banned from being open carried in plain view any way when in the Los Angeles city limits. Switchblade knife defined The California Supreme Court ruled that his conviction must be reversed. California Penal Code 21310 which provides that it is unlawful to carry any dirk or dagger concealed is the primary statewide restriction applicable to knives. Knife control is illegitimate under the U.S. Constitution. I'm going to SF soon and am wondering what the laws are like there. They are all just gone, and I would like an explanation as to why? (See Restricted Knives below.) The problem right now is that there are so few states that have actually repealed the law on a State / Felony Level, and for those that have, guess what, the larger problem is that the local municipalities mostly have not changed their local laws. Worse, California courts have been inconsistent in ruling on the enforceability of these local laws. The Gerardoi court rejected the holding of Bass, and found that the city code was valid. And it does not matter how long the blade is. If no warrant, then they must have a legal excuse for not having one. understand. This caused some concern as to overbreadth so in 1997 the legislature added the wording: A nonlocking folding knife, a folding knife that is not prohibited bySection 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. A San Francisco City ordinance prohibits switchblade knives of any length. Nonetheless, the Los Angeles law is still on the books. Under federalism, governing powers are divided between the federal and state governments. Disguised pen knife. Nevertheless, many of these laws still wont go into 2015 - 2023 William E. Weiss. LEXIS 8361 (November 13, 2013) The City of San Francisco takes these laws even further. You know how there is a gun license, is there a throwing knife license or a knife license. First I spend all morning replying to EVERY QUESTION ON THIS SECTION pertaining to the Knife laws to try and help out everyone who has been asking the questions you see above. There are three main laws that make it a crime for a person to use a knife as a weapon. Penal code section 20200. SF Police Code Article 17, 1291 (a) states the following knives are illegal within the city limits: Any blade longer than 3 inches in length Any spring assisted knife Nothing in the California constitution says that all knives must be treated equally, nor do state laws. Archived. 171.7. city, county, state) statutes, ordinances and rules to see if what you are carrying is legal. Thats my non-expert, non-legally binding two cents from experience and research. I camp a lot and I travel state to state sometimes with all my gear to go camp in state parks. The Court of Appeals overturned the conviction, holding that the Los Angeles law conflicted with the state law, and was therefore invalid. . I thought I was helping you guys out by replying to each person and explaining the law, what the change means to them, and what it means in general as well as the expectations that can arrive at from these law changes. This does NOT change the local laws which govern civil law in which the majority of jurisdictions still have local laws against these knives. Posted by. Does California have restrictions on carrying knives in certain places? Then, depending on that input, provide an overview of which states allow such a blade. Californias laws generally are restricted when it comes to knives that are easily to disguise, hide, or designed to be undetectable. March 13, 1957, Assem. A good defense attorney can provide expert guidance during tough times. While I agree, the states that have rescinded the laws should be identified, but heavy caution needs to be placed on that since that does not mean that they are legal for you to purchase or own where you live. Would you be able to help me out? Under PC 12022, then, a person can receive extra prison time if he/she: The basic enhancement, per this statute, is an additional one year in prison. Does that mean that you as a hunter can not carry that knife perhaps not. If you live in one of the 50 states, the federal law would only apply to you if you are traveling from one state to another or if you are entering federal property, such as a military base. *People v. Castillolopez Bill No. The above-mentioned standard jury instruction CALCRIM No. In California, it is illegal to brandish any deadly weapon, including knives. This means it can be charged as either a misdemeanor or a felony. - Defines legal and illegal pocket knives. Therefore, when you travel from town to town, you would not have to worry about municipal knife laws. Each of the above issues is discussed in greater detail below. Cane Swords and other Disguised Blades Penal Code 20200 et seq. Thats another way that SFs laws are stricter than the state laws. 3d 1389, In re: Gilbert R. (2012) 211 Cal. EDCNinja is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. For example, while I cannot openly carry a dagger, the statutes would also prohibit my transporting a dagger in a locked briefcase, as I might on the way to a show, or in a wrapped package, as I might if taking it to UPS to send to someone else. If anyone has helpful information regarding this, I would greatly appreciate it. Fairbanks, AK 46-291. ALL knives fall under this law regardless of how tiny, cute or functional they are, including a butter knife. carrying it in a purse, pocket, briefcase, backpack, or any other container. Thanks a lot for your effort and thanks in advance, keep the hard work on, you are trully doing an amazing job. This makes knife laws by state a tricky subject unless your state has a preemption clause. Here are some easy general rules to follow with all these Dangerous Knives as these were listed in all states. Since at the time the laws regarding the above listed knives we put in, no one has shown that there was any practical use (utilitarian or other) but rather only be used to conceal the knife for intent to commission a crime or other unlawful purpose almost all states followed suit and made them illegal as well. Dec 28, 2012. And, you have even stricter city ordinances. Otherwise, California law has no laws regulating the maximum lengths of knives. I love your work, so much so that i even linked out to you(see paragraph 2) in my latest post. The witness observed Hester after she went into her house to get a towel to bind his wound. San Francisco, CA the most restrictive knife laws in the state of California and explicitly prohibits certain knives that are legal throughout the rest of the state. The original definition has been changed. Please note: Our firm only handles criminal and DUI cases, and only in California. In other words laws should focus on what actions cause harm (stabbing, slashing, brandishing, negligence or reckless behaviors,) NOT on the mere owning or carrying of a knife. Or is it because my website which you ask for as part of the information you request from people when they reply of leave a comment has a place for a website and I listed my companies website? Folders of any blade length can be carried, best clip showing so it's not considered concealed. April 14, 2015: A legal brief urging the California Supreme Court to rule that common, non-locking Swiss Army Knives and similar pocketknives are not illegal 'dirks' or 'daggers' was filed on Monday. "Dangerous or deadly weapon" includes: a knife of over three inches in length; any cutting, stabbing, or bludgeoning weapon; or any other weapon or device capable of inflicting serious physical harm. Click to expand. Defendant Hester was arrested based on a description of a witness who observed a man with a cut on his hand. Again however, these restrictions can be both State and local jurisdiction and the two may not agree. However, concealed swords, such as cane swords, are always illegal. It seems that today you could get arrested for just about anything but yet the people who are committing real crimes get away with it and people who are trying to defend themselves get the shaft. And if youre carrying a concealed dangerous weapon on your person, you cant legally be in any place in the City of San Francisco where intoxicating liquors are sold, or any other place of public resort (for instance, a farmers market, flea market, street fair), even if youre a paying customer. There have been no serious constitutional challenges made to Penal Code 21510 since its enactment. . If you have a throwing knife, figure out which category it falls into before . Right? Then he or she would see in which states a knife like that would be perfectly legal, in which states it is completely and utterly illegal, in which states it varies by municipality, and in which states a permit is required. The issue of whether a knife is capable of ready use as a stabbing weapon is a jury question. Copyright document.write(new Date().getFullYear()) American Knife and Tool Institute, all rights reserved Ideally, I would suggest color-coding the map. Also understanding how the law has changed is important as well here.The new law, signed on July 14, 2012 and effective immediately, doesnt word it as clearly, but heres the main part of the bill concerning knives: 1. App. "Dangerous weapons", as used in section 3-3104 of this Code, shall mean and include, but is not limited to: Any knife having a blade two inches or more in length, or any snap blade or spring blade regardless of the length of the blade; any ice pick or similar sharp stabbing tool . The prohibited weapons statute is a general intent crime and does not require an intent to harm. my name is Rick and I have a question about concealed carry of a knife, I do have a concealed carry permit in Florida and what I need to know is what knives are allowed to be concealed carry with a permit. 1364 (Cal. 23 Cal. If brass nuckles are illegal in kansas can they still sell them in kansas,and are they legal to buy?? Keeping Knives in American Lives Since 1998. as amended May 31, 1995, pp. Cops routinely write tickets and make arrests for things they incorrectly think is illegal. 16590. The law states that it is unlawful for any person to draw or exhibit any deadly weapon . Kamala Harris then California Attorney General, now Vice President of the U.S. was unsatisfied and appealed to the California Supreme Court seeking to reinstate the conviction of Castillolopez. I share Lee Bells difficulties. All of my questions about knife laws begin with where and what I really want to know is which states are off limits with particular blades. A prosecutor must prove the following to convict an accused of possessing, selling, or making a prohibited knife: Given these elements, an accused can avoid guilt by showing that he did not have this requisite knowledge. 88 Cal. 1. Yes, swords are currently legal to carry while sheathed in California. Switchblades on federal property 15 USC 1241-44. Let me explain. So, if you stick to a small pocket knife with a 2-3 inch blade and you have a permit, then youre fine. All knives are legal as of 2/4/16 by statute. I found one area where I was potentially illegal and didnt even know it. Criminal defense lawyers near you draw upon certain legal strategies to contest violations of Californias knife laws. Everyone is telling you how outdated and incorrect the information is. I dont know. 2501 suggests a substantially concealed test. I love KnifeUp." Save my name, email, and website in this browser for the next time I comment. Note that CA law does not have a length limit, and this length limit technically only applies if you are loitering (a wobbly subject by itself). I carry it in a sheath. Theseinclude: cane knives (and shobi-zues), lipstick knives, belt knives, penknives, air gauge knives, and pen knives. Restrictions on manufacturing and transfer do apply to the items listed above in the Restricted Knives section. Knife carried in sheath worn openly deemed not concealed Authorities cannot conduct a search for a knife or seize a knife without a valid search warrant. Superb post and thanks for letting me know about the law, I really appreciate for sharing, well can you please also let me know from where I can get Swiss Army Style Knife from ? Thank you sincerely, Bryan Shepherd. It will not be a felony (unless your a felon, carrying for unlawful purposes, or have a specific mental illness in which you are not allowed to pretty much own any weapon for fear of hurting yourself or others. Blood was not observed on either boxcutter or Hesters clothing. Dagger (folding or fixed) Dirk (Folding or fixed) Sword Cane. Sir or Mam, thank you very much for your hard work. Plus if you have a stiletto switchblade that has a blade length of 6 inches but the cutting length is the legal limit is it legal to carry. 2. As the most populous state in the country and with a wide range of political viewpoints the knife laws in California can be difficult to interpret. Code, 21510 for exact statutory language of this misdemeanor infraction. A Guide to Switchblades, Dirks and Daggers 2nd Edition 2015 How to tell if a knife is illegal by Dmitry Stadlin. Can I carry a Bowie knife in California? Other Laws. According to Knife Rights, thats limited to interstate commerce, Indian reservations and anywhere federal regulations exist like national parks. Are there legal defenses if accused of violating these laws? In NJ a knife fixed or folding must not exceed a blade over 4 inches and a full open length of 9 inches. Once again, unless ratified by city, parish, (yes, I just outed my state) state or federal legislature, it is not law and subject to how loud and hard you want to be. Messages. For example, if you live in Denver, Colorado, you must abide by the knife laws of Colorado as well as the knife laws of Denver. For example, PC 17235 defines a switchblade as: Given this definition, a defendant can avoid a conviction by showing that the blade of the knife he had was only an inch. California juries are instructed by a judge using CALCRIM No. Emmanuel Castiollopez, mentioned above, was sentenced to a prison term of three years and eight months. I have been tooling around the comments section, and have noticed people asking questions that are not addressed by the laws provided. Share on Facebook AKTI is not, and cannot be, a legal service provider. Better yet, think twice before carrying a knife. Go on YouTube and look up if stiletto switchblades are legal in Texas then you will find news reports saying that they are, according to this website they say they are illegal to carry is this up to date? You can find these ordinances on the public entitys website. The trial court found, however, that the knife had been modified or damaged, and the resistance mechanism did not function so that the knife would open with a flick of the wrist. If you want to carry a knife that is usually legal everywhere, I highly recommend you buy a knife that is clearly intended for utility use. Amend. 2. Up until 1994, the law made it a crime for a person to carry a concealed dirk and dagger. 2502 for California jury instruction regarding switchblades. Carry laws forbid an individual from carrying, concealed or open, certain knives. On appeal, the defendant cited the Bass case, arguing that the city code was invalid. this is not right Missouri you can have a swich blade what thy have is the old law I spent a week talking to tsa fbi Missouri attorney general sheriff prosecuting attorney lets just say alphabet soup!!!! 2501 which is a standard wording developed by a committee, and which includes the following: 2501.Carrying Concealed Explosive or Dirk or Dagger (Pen. PC 21510 prohibits possessing switchblades in California.