lawyer

#California State Knife Laws (2013 revision)

Disclaimer - I am not a lawyer. The following information is for reference only. The discussion and interpretation is my own. So, please keep that in mind. If you need qualified consultation or legal advice, please contact a licensed criminal attorney and/or local Sheriff's office. The discussion is regarding the lawful knife carry. nothing else!

Like I said above, the laws are complicated. In US to make things more complicated we have Federal and State laws, and in addition to that local counties and cities can have their own laws. Which particular law takes priority for any given issue depends on the laws and I guess particular case as well. In relation to knife carry, the state law is generally more or less universal, however, particular cities and towns have their own, as usual more strict laws regarding the knife possession and carry. I'll discuss that below, but as a rule of thumb, just because California state law allows particular blade doesn't mean it is legal in all places. Always check your local town/city penal code. E.g. San Francisco and Oakland have 3 blade length limit, which isn't in the state law. Same is true for Los Angeles.

One more thing to keep in mind is that not all the law enforcement officers know penal code all that well. For starters, if you get asked whether or not you have a knife on you, tell the truth, but better yet, state that you have a blade legal under California law. You may get some problems, because the officer thinks you have violated the law. In other words, LEO doesn't know the knife carry law in details. In that case, better not to argue the point, calmly explain they you believe you're not in violation of the law, that your knife is legal under California law, including citing penal codes we're discussing here and either ask the officer to contact superiors or get the receipt if he/she is confiscating the knife and later contact the department. Aggravating the situation will most likely result in additional charges against you and possible arrest. However, if your piece gets confiscated you must be issued a receipt. If the officer is refusing to do so(i.e. issue a receipt) or threatening with additional problems he's in the wrong, not you. Without confrontation, ask for the receipt and if he(or she) still refuses, write down his/her badge number, name, time and place where the incident took place and report it to the nearest police station. For more details on dealing with law enforcement and various situations involving knives including their use please visit Jim March's excellent article California Knife Laws: A Comprehensive Guide .

Knife Carry Related Laws 2012 revisions

- In 2012 California state legislature revised penal code. In short, no major changes to the knife carry laws, however the numbers to the existing penal codes have been changed completely. California penal code has several sections interesting to us in this discussion: sections 16100-17360 (formerly 653K ), and pretty much everything under Part 6/Title 3/Division 5 (all formerly under 12020 ). Basically many types of knives got their own sections in definition and carry law parts. Sections 171.b and 626.10 remain unchanged.

• 16100-17360 - Since 2012, belongs to the Part 6 - Control Of Deadly Weapons, Title 1 - General Provisions, Division 2 - Definitions; Old 653K is completely removed.
• Chapter 6 of PC - Since 2012 covers Deadly Weapons. where Title 3 covers - Weapons And Devices Other Than Firearms. and the parts we're specifically interested in are under Division 5 - Knives And Similar Weapons. which in turn contains several chapters, including dedicated articles to several types of knives under Chapter 2 - Disguised Or Misleading Appearance ;

Penal code Part 6/Title 3/Division 5

- Defines what is a legal pocket knife and what is illegal, by types, e.g. a switchblade and gravity or ballisong knife(PC 17235 ). Pocket knives, most likely those would be the folding knives are legal, while switchblades, gravity and ballisong knives are illegal.

PC 16470

- Deals with the street carry laws. Basically, you can not carry a dirk or a dagger, definitions below, and more importantly, can't carry folding knife in open/locked position - . only if the blade of the knife is exposed and locked into position. Therefore folders, carried closed and concealed are legal. No length limitation.

PC 21510

- deals strictly with switchblades, making it a misdemeanor to carry upon a person, or possess in a car, or in a public place, sell, loan, transfer, give, expose for sale, a switchblade knife.

There are other penal codes dealing with knife carry in specific places. Those are: penal code 626.10 which deals with the knife school carry rules. There is also penal code 171.b which deals with the knives in public buildings.

Simply put, the law defines what is illegal, so if your knife and carry isn't what the law defines as illegal you should be fine. Once again, keep in mind the local laws. Details below.

Very Short Summary

State California allows for concealed carry of the folding knives and there is no limit to the blade length. As long as the knife is not banned by PC 16100-17360 or in Part 6/Title 3/Division 5. it is legal. Division 6 of the same title bans knuckles, division 7 bans nunchakus and so on. 17235 does not make Assisted Openers(AO) illegal. However, depending on the particular AO mechanism and other details some AOs may fall under switchblade category. Kershaw Speed Safe is not one of them, it is perfectly legal, details further down. As far as the state law goes, fixed blades must be carried openly, in the sheath, on the waist. I can't find where does the law ban either double edged blades or dirks and daggers. As the wording is, those are ok for open carry. No knives longer than 2.5 in the school, but folders are ok in the Universities and Colleges, unless, they were banned by local authorities. CCR(California Code Of Regulations) has a separate provision prohibitins any non employee and non student from carying any knife with a locking blade, dirks, daggers etc, and anything that can be used to inflict serious bodily injury. Needless to say it's way too vague, although if you had aforementioned dangerous object on you to do your lawful work, then you're ok. No knives longer than 4 in public buildings or buildings open to public meetings, e.g. courts, city halls, police stations, city council meetings, etc.