California legal automatic knife11/15/2023 The current statutory definition at § 17235 for “Switchblade knife” is as follows:Īs 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. The original definition has been changed. Discussion: Automatic KnivesĬalifornia enacted a switchblade restriction in 1957. Restrictive ordinances are common in municipalities throughout the state. Statewide uniformity does not exist with respect to knife possession and carry. A separate section also prohibits any undetectable knife in the sterile area of any public transit facility. “Box cutters” are prohibited in airports and passenger vessel terminals. “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. An exception exists for any fixed blade knife with a blade longer than two and one-half inches “upon the grounds of, or within, any private university, state university, or community college for lawful use in or around a residence or residential facility located upon those grounds or for lawful use in food preparation or consumption.” 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. Restrictions on Carry in Specific Locations/Circumstances: Restrictions on manufacturing and transfer do apply to the items listed above in the “Restricted Knives” section. It is unlawful to carry concealed upon the person any dirk or dagger which is defined broadly so that it may include any fixed blade knife, as well as any folding or retractable knife with a locking blade. Definitions for these items are found in § 16590 Generally prohibited weapon defined. Possession of prohibited items in sterile area of public transit facility punishment Restricted Knives:Īir Gauge Knife, Belt Buckle Knife, Lipstick Case Knife, Writing Pen Knife, Undetectable Knife, Shobi-zue (staff or rod containing knife blade), Cane Sword, Ballistic Knife, Switchblade Knife having a blade two inches or more in length, Undetectable Knife. Airports and passenger vessel terminals prohibited items Unauthorized possession of weapons in state or local public building or at public meeting offense punishment Bringing or possessing weapons on school grounds exceptions Possession, carrying, sale, loan or transfer of switchblade knife prohibited Carrying of concealed dirk or dagger punishment Manufacture, import, sale, supply, or possession of ballistic knife punishment Undetectable knives commercial manufacture, import for commercial sale, export or offer for commercial, dealer, wholesaler, or distributor sale misdemeanor manufacture of knives or other instruments to include detectable metal Knife carried in sheath worn openly deemed not concealed (See Restricted Knives below.) Any automatic (switchblade) knife, having a blade two inches in length or more, should not be carried, possessed in a vehicle or location open to the public, or transferred. Various knives disguised as other objects are prohibited. The circumstances of possession are factors that a jury is instructed to consider.Īny fixed blade knife can be a “dirk or dagger” under California law and should be carried openly in a sheath suspended from the waist. Whether a given knife is a dirk or dagger is a jury question that presents the risk of uncertainty. Only non-locking or slip joint design folding knives are excluded. Dirk defined dagger defined – is overbroad to the extreme. While this may seem to be only a modest limitation, the definition – § 16470. At a Glance:Ĭalifornia Penal Code § 21310 which provides that it is unlawful to carry any dirk or dagger concealed is the primary statewide restriction applicable to knives. Two inches or more-blade length of illegal switchblade under California law. Schools:Ĭalifornia schools are weapons free zones. Concealment is a factor under California law.
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