Last Updated on November 15, 2024
Knife laws in California can be notoriously confusing, with multiple penal codes dictating what is and is not legal to possess and carry in the state. Additionally, many local city and county ordinances add further restrictions. Before you carry any weapon, it’s wise to learn what restrictions may apply so you do not run afoul of local weapons laws. While this guide should help you understand what knives are legal to carry and possess in California, it is important to contact an attorney as soon as possible if you have been accused of illegal knife possession or use in California.
What Size Knife is Illegal to Carry in California?
Contrary to what many people believe, the legality of knife possession in California is not based on the size of the blade. There is no limit to the size of the blade someone can have, but there are still many limits under the law. California law divides knives into three categories:
- Folding knives that can be carried in a concealed or open manner under California Penal Code 17235 (PC)
- Fixed blade “dirks and daggers” are covered by California Penal Code 21310 (PC), which allows these weapons to be carried openly, but not concealed
- Knives that are completely prohibited in the state
The only kind of knife can be legally carried in a concealed manner under California law is a pocket knife with a blade that folds into the handle and can only be opened with the application of pressure against the blade. The blade must put up some level of resistance and cannot be opened with just the flick of a wrist.
Is it Legal to Carry a Knife on Your Belt?
Yes, as long as the knife is not prohibited in California, it can be carried openly on a belt or your back. Fixed-blade knives can be any size or shape but cannot be concealed. It is even legal to carry a sword in California, as long as it is not hidden in some manner, such as a cane sword, aka a shobi-zue, or a writing pen knife.
Carrying a concealed knife that is not considered a pocket knife under 17235 (PC) is a wobbler offense, meaning it can be filed as a misdemeanor, punishable by up to one year in jail, or a felony, punishable by up to three years prison.
Which Types of Knives are Always Illegal in California?
Some types of weapons are explicitly prohibited under the law, most commonly because they are made to skirt other laws by appearing to be a pocketknife only automatically opening, for example, or being designed to be hidden. Prohibited weapons include:
- Belt buckle knives, which feature blades hidden in a belt buckle, (outlawed under Penal Code 21510 (PC))
- Lipstick case knives concealed within a lipstick case (criminalized under 20610(PC))
- “Ballistic knives” that have spring-loaded blades that can be shot out like a bullet (banned under 21110 (PC))
- Air gauge knives that are disguised like tire air gauges (prohibited under 16140 (PC))
While they may all be outlawed under different penal codes, the sentencing for those caught possessing these weapons is the same. These offenses are wobblers that can be punished by up to a year in jail when charged as a misdemeanor or up to three years when the charges are filed as felonies.
Switchblade Laws in California
Switchblades are subject to their own complex rules in the state, dictated under the same penal code that outlaws cane swords and belt buckles, 21510 (PC). While we have a separate article on our website dedicated to only these weapons, to summarize, California law defines a switchblade as a knife that can be opened automatically with a button, flip of the wrist, pressure on the handle, the weight of the blade, or other mechanism.
Switchblades are technically legal, but only if they are under two inches long, which most are not. Also, while you cannot carry a switchblade, bring it with you in the passenger area of your vehicle, or give the weapon to someone else, you can legally have these weapons in your home.
Violating California’s switchblade laws is a misdemeanor, punishable by $1000 in fines and up to six months in jail.
Switchblades Vs. Flip Knives
A flip knife can open easily and still be legal under California law, but it must either have some resistance to opening or be biased to the closed position. These restrictions are why gravity and butterfly knives are illegal in California, as they are both considered switchblades from a legal perspective.
Sometimes people are wrongly accused of possessing a switchblade simply because their legal pocket knives have become worn down from use and open without much resistance. A San Diego defense attorney can often have charges dropped in these cases as these knives are not prohibited under the law.
County- and City-Specific Knife Ordinances
Counties and cities within California may create their own, more restrictive knife laws. While San Diego has no such laws, other counties and cities may. For example, in Oakland, you cannot carry, even openly, a knife with a blade three inches or longer; a snap- or spring-loaded knife of any length; an ice pick or similar tool; a dirk, dagger, or bludgeon as defined by the state law; or any cutting, stabbing, or bludgeoning weapon; or device capable of inflicting grievous bodily harm. In other words, you can only carry a pocket knife there.
While a lawyer will usually tell you that though you may be able to carry a wide variety of knives in San Diego, it’s best to look up local laws for other cities and counties before traveling with a knife.
Other Location-Specific Knife Laws
Penal Code 171(b) (PC) makes it a crime to carry any illegal knives or fixed-blade knives over 4 inches long in a public building. Similarly, 626.10(a) (PC) outlaws the possession of almost all types of knives on public school grounds (including universities). Other locations where knives may be prohibited include parks, airports, and concert and event venues.
Brandishing a Knife
If you display your knife at another person in a threatening, angry, or aggressive manner, you could be charged with brandishing a weapon under Penal Code 417 (PC). This charge will often be filed in addition to weapons charges and assault with a deadly weapon. Brandishing a weapon is a wobbler, which carries a maximum penalty of one year in jail when filed as a misdemeanor or three years in prison as a felony.
If you have questions about California knife laws, please call Peter M. Liss at (760) 643-4050 to schedule a free initial consultation.
Read more: Rules about knife possession are complex, but they’d be even worse if you had Wolverine’s adamantium claws.
