California Knife Law: What You Should Know

Knife Carrying Laws in California

The legal framework governing the carrying of knives in California is complex and subject to frequent change. In broad terms, California’s knife laws are found under Section 17235 of the Penal Code, which classifies knives as a deadly weapon, Section 12020, which prohibits dirks, daggers, and hidden knives, and Section 12650 of the Civil Code, which authorizes civil actions for unlawful knife possession. To understand what knives you may legally carry within California, you first need to know what "dirk," "dagger," and "unlawful knife possession" mean.
Regionally and by context, the term "dirk" or "dagger" is frequently understood to mean a stabbing weapon, such as a dagger, stiletto, or ice pick. Under Section 12020, it is a crime to possess a dirk or daggers, defined as a "straight-edge" or "tapered and pointed" knife that is capable of causing serious injury or death by penetrating the body. Accordingly, fixed blades and folding knives can qualify as daggers depending, among other things, on their design and method of use.
The statutory prohibition on daggers is focused primarily on intent and concealment. A dirk or dagger need not be concealed, provided that it is not possessed with the intent to inflict physical injury or death. Likewise, a dagger does not need to be sheathed to be carried lawfully. Section 12020 along with Section 17235 prohibits the willful and intentional carrying of a concealed, dirk or dagger along with any other person who possesses a dirk or dagger.
To avoid criminal liability under Section 12020, it is critical to avoid concealed carrying of daggers in public. Internal or private property potentially accessed by the public and where the owner has committed acts to give reasonable notice that entry is prohibited (such as posting a "no knives" sign at the entrance) also constitute public places under California law . Notably, establishing the unlawful carrying of concealed daggers requires proof that the conduct is intentional and accompanied by knowledge of the concealed weapon.
Possessing any dirks, daggers, or unlawful folding knives on school grounds or within 1,000 feet of any school is prohibited by California Education Code Section 48915 (c). This is true, even if a student is 18 years or older. There are no exceptions to this knife prohibition, including such things as a lack of intent to injure or an affirmative defense of emergency, necessity or mistake. Failure to comply with this knife prohibition can result in suspension, expulsion, a recommendation to the governing authority of the local school district to expel (if a minor), and/or a fine of up to $250.00.
A dirk is otherwise defined broadly as any knife that can be used as a stabbing weapon. Stabbers such as stilettos, bayonets, ice picks, and bodices are included in this definition. Therefore, it is critical to understand the law in context before possessing any dirk or daggers in California.
Possession of illegal knives, particularly daggers or stiletto knives may also result in aggravated felony charges in certain circumstances under Section 1192.7 of the California Penal Code. If the knife is used while engaged in an assault, robbery, or burglary, additional enhancements may apply including a 3, 5, or 10 year enhancement to your prison sentence). Also, if you have been convicted of a violent felony (such as murder, rape, kidnapping, etc.) under California’s "Three Strikes Law" you may be exposed to mandatory life in prison for a second violent felony conviction. The less serious offense of possession of a "dirk" is a "wobbler" under California law, which means a prosecutor has discretion to plead the charge as a misdemeanor or felony based on the facts of your case.

Knives You Can Legally Possess in California

Folding Knives
Under California Penal Code § 17235, folding knives are defined as "a knife of the type shown in the picture in subdivision (a) of Section 17232 (switchblade knife), with a blade that folds into the handle and is two and one-half inches or less in length, with the blade released from the handle for use by one hand movement." Generally speaking, folding knives are legal to carry for any purpose in California, so long as the blade does not exceed a length of 2.5 inches. However, California Penal Code § 17235 does make an exception for fixed-blade knives with a blade exceeding 2.5 inches. Those knives (sometimes referred to as "Dirk Knives" or "dagger knives"), are prohibited by Penal Code § 17350(2). As you can see, even folding knives run into some trouble when they meet certain unnatural and complicated statutes, so be sure to carry only folding knives that are 2.5 inches or smaller. Even better: be sure to carry a folding knife that is 2.4 inches or smaller, just to be safe.
Dirk Knives and Dagger Knives
California Penal Code § 17350(2) defines dagger knives as "any knife, the blade of which may be used as a stabbing weapon either by thrusting or cutting." Dirk knives are virtually identical to dagger knives, and California law treats them as one and the same. This means that even if your knife is labeled a "Dirk," but the blade is "used for cutting," then the knife is still considered a "dagger knife" under the law. An example of this rule can be found in the case of People v. Zamora (1934) 130 Cal.App. Supp. 780, 781 ("We are satisfied that the purpose and the use for which the dirk was designed was that for thrusting not for cutting; the former being its only reasonable use.") The question for officials is whether a knife (of any kind) is a "special weapon." If they determine that a knife is a special weapon, then it will be considered illegal under California law.

Knives That You Cannot Carry in California

California prohibits certain types of knife, including:
There is also a prohibition against possessing or carrying concealed "any dirk or dagger." To be considered a dirk or dagger, the blade must be fixed and the "blade length is 5.5 inches or longer and capable of being used as a stabbing weapon." (Penal Code 17320 PC.)
The penalties for carrying knives that are illegal in California will largely depend on whether or not they were concealed or carried openly. Those convicted of concealed possession of a switchblade can face up to six months in jail and/or fines up to $1,000. If you were convicted of openly carrying a dirk, dagger, or a double-edged knife with a blade length of longer than five and a half inches, the penalties are more severe, including a possible felony charge of 16 months, two years, or three years in state prison.

Where Knives Are Legal to Carry

Beyond the restrictions on types of knives, there are also places where it is illegal to carry a knife. These include: With some exceptions, these restrictions apply regardless of what type of knife you are carrying.
School Grounds It is illegal to bring a knife of any kind onto school property. This law applies to public school grounds as well as private schools, preschools, nursery schools, and even day care centers. You do not need to attend, or even be related to, a student at such a facility. Even vehicle drop-off and pick-up lanes are considered on the grounds of a school. The only exceptions to this are for those knives required for a school-approved context (such as woodworking), knives carried by students for otherwise legal uses, and those knives in someone’s car or belonging to someone who is licensed to carry that type of knife (e.g. a police officer). Schools often have their own policies regarding knives, so you may still face consequences even if your knife is not illegal under California law . Inquiring with your school beforehand is the best way to avoid trouble.
Public Events Public places that are hosting a "sponsored and organized activity" are also considered sensitive. A "sponsored and organized activity" is either an event in which an organization that is not affiliated with the state or local government has coordinated the use of state property or any event that is sponsored or attended by a state official, whether elected or appointed. It is illegal to bring many knives to these activities, though the law specifies that a "sheath knife" or a "pocket knife" is allowed unless local laws prohibit those specific types of knives. However, even if your knife is not illegal in general, there’s no guarantee that the event itself will allow it. In short, if you know a public event is coming up that you want to attend, call ahead to ensure you are not carrying something illegal.

Penalties for Knife Law Violations

Violating California’s knife laws can lead to misdemeanors, felonies, probation, and fines, among other penalties. Knife-related violations that are considered misdemeanors include some of the seemingly stricter violations (identified below). These typically carry a maximum penalty of 364 days in county jail. Knife-related violations that are considered felonies include some of the seemingly more lenient violations. These typically carry a maximum penalty of three years in state prison, conditional release, and/or probation.
While the criminal penalty under knife laws may be more severe for certain violations than for some other types of crimes, the problems imposed on career criminals can be life-altering. Like with other criminal convictions, a convicted knife criminal will forever have the conviction on his/her record. Moreover, a common punishment associated with knife crimes is losing the right to ever own or possess a knife again. This can have serious ramifications for someone who has a job that involves knives.
Consider, for example, the handful of officials that make their living parting fish from its guts. Most of these officials utilize a knife. Imagine losing the right to use a knife as a result of a knife law violation.

Advice for Proper Knife Ownership

There are numerous best practices, which include the following: carrying the knife concealed, carrying a folding knife versus a fixed-blade knife, knowing your legal rights and obligations, and being an informed consumer.

• Conceal the knife you carry – If you own a knife and wish to carry it lawfully, the best practice is to keep it concealed. In the event that you are confronted with law enforcement while carrying the knife, it is much cheaper and easier to explain that you are carrying a knife on your person for self-defense, work-related reasons, or for fixing something, than to explain that you are carrying an "illegal" knife.
• Folding knives – Folding knives aren’t fixed-blade knives, but they also don’t need to be carried on your belt buckle, as there are other options. You can wear a knife concealed in an inside-the-waistband sheath, in a holster, or in your pocket. A folding knife permits the blade to be locked, while a bolt-action knife may use steel pins or bolts which snap in place, locking the blade into position. It is important to note that any knife or sword secured in a sheath that is worn openly is considered a fixed-blade knife for the purposes of Penal Code 17235 PC .
• Be an informed consumer – Unfortunately, the majority opinion in People v. Brisendine has caused many knife manufacturers and retailers to voluntarily remove from the market items that experts conclude can be "readily converted" to a prohibited knife. Because the law is unclear as to what exactly "readily convertible" means, same experts ballpark it as limiting to knives that can be transformed in under 5 seconds into a prohibited knife. Satin finish grinds or serrated edges will become grinds or edges that are prohibited when burnt onto a knife.

Knifemanufacturers should also be aware that many knives require sharpening before they are functional, and sharpening can take less than 5 seconds. Various knives will be outlawed simply because they need to be sharpened because sharpening takes less than 5 seconds.

4. Know the law – To minimize your chances of a knife-related felony, know the laws in your area. Like many states, California has been known to pass some of the most inane regulations. Therefore, be sure to stay updated on all California knife laws. One way to do this is to frequently visit the D.A.R.E. website.