Overview of California Knife Regulations
California has some of the most complex knife laws in the country, including the restrictions on switchblades, stilettos, balisongs, cane swords, disguised knives, and other specific types of knives. Yet California also has many laws regulating general knife possession and carrying that are highly relevant to Californians everywhere.
A major distinction in California knife regulations is between pocket knives and non-pocket knives. Pocketknives have a folding blade less than 5.5 inches long and do not lock. Non-pocket knives include non-folding knives and folding knives equal to or over 5.5 inches long and/or with a blade that locks in place.
California knife laws classically prohibit people from carrying non-pocket knives in public, although the courts have recognized an "open-carry" exception to this rule in limited circumstances. Cal. v. Ortiz (1995) 38 Cal.App.4th 377 , 382-383. Per Penal Code 17310 and 17235, non-pocket knives that are dirks or daggers – knives with blades that can be used for stabbing – are prohibited to be carried concealed on a person, even with a license.
In contrast, pocket knives generally can be carried concealed in public. A pocketknife, even a folding knife with a blade that locks into position, is not considered a dirk or dagger under Cal. v. Brister (1979) 97 Cal.App.3d 457, despite it having a blade that is 3 inches long or longer. The only restriction on a pocketknife is that the blade length cannot be over 5.5 inches.
As with all laws, the above knife regulations are subject to a number of exceptions and qualifications. Knife laws are highly intricate, with specific meanings for each word used at the statutory, regulatory, and common law level.
Permissible Types of Knives
The following knives are legal to carry on your person in California and are not considered a concealed or dirk/dagger knife: (1) folding knives, which have folding blades with blade lengths of not more than approximately four inches, (2) utility knives, which have blades folded into the handle, and (3) multi-tools, such as a Swiss Army Knife or Leatherman (which includes a straight blade, a Phillips and/or a slotted screwdriver, scissors, a bottle opener, etc.). It is also legal to carry kitchen knives in a sheath on your person if they are in transit to a work or research facility or to your residence.
Banned & Illegal Knives
Certain types of knives are outlawed or restricted under California knife law. Knuckles come to mind first – this includes any blade encased in the shape of brass knuckles. Switchblades that are two inches or longer are also outlawed in California, as are certain folding knives. It is important to note that knife law in California governs how knives can be carried and possesses rather than how knives can be manufactured, purchased or transferred. Knife laws also govern how knives can be used. This means that it is entirely possible to carry certain knives legally that may be illegal to use. The best example of this is the machete, which is legal in California to carry, but illegal to use offensively.
Length and Blade Restrictions
California knife law contains some limitations on the length of blades over which you may carry. One of the most prohibitive is the so-called "two-inch rule" that prohibits knives with a blade that exceeds two inches from being carried on your person or in a vehicle. (Section 20990 of the California Code of Regulations). The 2001 opinion of Attorney General Bill Lockyer elaborated the regulations on this two-inch rule, noting that any knife with a blade longer than two inches that is not specifically exempted in the Penal Code could not legally be carried by anyone on school grounds, which is defined as:
"…any of the following:
(1) The grounds of a public or private elementary or secondary school.
(2) Property leased by or belonging to a public or private elementary or secondary school, including without limitation, all of the following:
(A) Playing fields or grounds.
(B) Playgrounds.
(C) Day care facilities.
(D) Recreation areas.
(E) Parking lots.
(3) Buildings occupied by the staff or students of a public or private elementary or secondary school.
(4) The grounds of a community college, junior college, college, university, or other educational institution that maintains any of grades 13 to 16, inclusive.
The term "knife" includes any of the following:
(A) A fixed blade knife.
(B) A folding knife with a blade that is partially or fully opened by a mechanical device, including, but not limited to, a thumb release, spring, or propellant.
(C) A folding knife with a locking blade.
(D) A folding knife with a fixed blade not exposed before the knife is opened.
(E) A concealed sword stick.
(F) A belt buckle knife.
(G) A belt buckle knife concealed within a belt buckle.
(H) A cane sword.
(I) A canister sword.
(J) Any other item that has been modified to be used as a knife.
Blades longer than two inches may be legally carried if you are a duly elected peace officer or a probation officer. They also may be carried for use in a trade. Furthermore, knives that are prohibited by the length limitation imposed under Section 21310-21410 may still be possessed on your person if the knife is properly sheathed, slideably openable, and possesses a blade measuring less than five and one-half inches. In order to be excluded from limitations, the blade must also not have a double-edged blade or a knuckle-joint, switchblade, gravity knife, daggers, concealed dirks, dirk daggers, ballistic knives, swords, cane swords, belt buckle knives, concealed dirk daggers, disguises as other objects, or knives composed of metal knuckles over which a blade is attached.
Concealed vs. Open Carry
Concealed carry significantly differs from open carry when it comes to knives in California. But, the law in this area can be confusing due to the way it is applied, and it is also taken very seriously by law enforcement authorities. This is especially true for persons convicted of crimes of violence who face mandatory minimum sentencing enhancements when found in violation.
Although California law is very clear what constitutes a concealed knife, it is not always clear when a concealed knife becomes an open knife. Also, it is unclear where the line is drawn, or at what point, if any, a person is innocent of a crime concerning concealed and/or open carry of a knife. Also, because statutes are often broadly written, sometimes they have not set forth legal definitions for certain words or phrases which must then be interpreted by courts and/or juries. The law on whether a knife is concealed and/or open is also intertwined with other laws involving possession of a deadly weapon. Thus, there are many gray areas which defendants’ attorneys have been known to use to their advantage, particularly when a knife possessed may not be a deadly weapon at all.
With that said, the differences between concealed carry and open carry of knives is relatively simple. Generally , the unlawful carry of knives, both concealed and open carry, is found under Penal Code § 12020 which states in relevant part:
(a) Every person who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison.
(4) Carries concealed upon his or her person any dirk, dagger, or other weapon originally classified in that section as a prohibited weapon.
However, Pen. Code § 653k states that taking steps to conceal (i.e.-to make arguably "more difficult") a weapon deemed illegal under Pen. Code §12020(a)(1) is a different and separate crime in and of itself, more closely resembling a Pen. Code §12020(a)(2)(A) exception for dirk knives.
Also, unlike pen knives, the law makes a distinction between fixed knives and folding knives. Further, the word "Dirk" is not defined in either statute and therefore must be interpreted and applied broadly since California courts have held that weapons are to be considered dangerous when capable of inflicting great bodily harm or death.
The key is, make sure you are carrying a knife with at least a 2 ½ inch dull blade. If you do not already own a knife of this size, you should obtain one before you go camping.
How to Carry Knives Legally
Individuals interested in carrying knives in California should familiarize themselves with the state’s knife laws: which knives are legal to possess or carry, where knives can be carried, and how to avoid having knives confiscated or worse, arrested for carrying a knife. The following tips are designed to arm registered knife owners with information to ensure they are not caught committing an unintended crime. Tip 1: Do not carry prohibited knives in prohibited places and at prohibited times. For example, carrying a switchblade in a state or local government building is illegal and may result in arrest. Tip 2: If you are buying a knife from a third party, examine the knife carefully prior to purchase to ensure it is legal to own and carry. If purchasing at a gun show or knife show, ask the vendor if the knife is legal for you to own and carry. Tip 3: If you are buying knives online, check to ensure any knives you intend to order from out of state are legal to own and carry under California law, particularly if you are ordering from a non-California knife retailers. Tip 4: Keep original documentation regarding your knife showing it is a legal to own and carry. Tip 5: Keep your knife secured in a safe place out of easy reach of children. Tip 6: Know all of the laws, both California and federal, pertaining to your knife. Tip 7: If stopped by law enforcement while carrying a knife in California, tell the officer you are carrying a knife without making any sudden movements and keep your hands visible at all times.
Penalties for Knife Violations
Violating knife laws can land you at least a misdemeanor criminal conviction and, if you have a substantial criminal history or the facts are particularly unfavorable to you, in state prison time. Typical misdemeanors carry a range of possible punishments. Common potential penalties for misdemeanor knife law violations include up to a year in jail, probation, and fines. Knife law felonies might attract multiple years of state prison.
If the police are aware that you were carrying an illegal knife – or if you are charged with any sort of knife offense involving a knife you are wearing on your person – you will almost certainly be arrested (and might be taken to jail, not just a police station or holding cell where you are booked but later released). That can be a humiliating experience.
Even if you are not arrested at the time of the law violation, it is still a crime. Knife law matters are more likely to be prosecuted to the fullest extent if charges are brought. Simple possession of a regular knife could result in felony charges being filed against you in Superior Court.
Recent Knife Law Changes
In recent years, the knife laws have changed a bit, and some new legislation has come into effect that will effect knife carriers in California. In 2014, AB 1135 amended existing law that banned blades that are automatically opening or that are fixed or foldable with any blade length greater than two inches. By amending the previous law, the state no longer takes issue when carrying folding knives with blades of any length, provided that they are not automatic opening knives . Moreover, knives that are secured or partially housed within a cavity are not illegal either.
The other major change to the knife laws came in January 1st of 2017, when AB 1531 went into effect. The previous law said that a person could be charged for brandishing weapons such as knives or swords in public. Under AB 1531, the law has changed so that charges may only be brought against those who use these weapons in a threatening, rude, or angry manner toward someone else.