California Knife Laws Simplified
The following general rule is useful for determining whether a knife can be carried legally, which includes knives carried in car trunk:
In California, a state-wide public policy exists that within the limits prescribed by federal law, all matters concerning knives shall be the exclusive domain of state law. California Government Code § 24124 (frequently referred to as the "knife preemption law"). California state knife laws and criminal statutes are based upon the California Penal Code which provide the law enforcement and courts with clear and concise definitions of prohibited weapons , possession, carrying, brandishing, use, sale, marketing, and other illegal activities concerning knives, proportions, and daggers. The statutory provisions cover daggers, dirks, knives, switchblades, stilettos, stilettos, cane swords, belt buckle knives, hidden knives, disguised knives, razor blades, hunting knives, cantanas, sword canes, writing pens, and more. According to California Penal Code § 24510, knives and knives-like weapons are prohibited from being carried conceled, except in the trunk of the vehicle.
Knives and their Legal Status
Almost any knife (defined as a blade buried in a handle that can be drawn out for use), can be legal or illegal under California law, depending upon how it’s used and how it’s concealed. Here’s a list of some of the more common types of knives in use.
Pocket Knives: Most pocket knives are perfectly legal. Some pocket knives have a "detent" or spring that pushes the blade into an open position when the blade is horizontally lifted from a closed position. California courts have apparently held that this helps prevent accidental opening and therefore a knife with a detent is usually legal.
Fixed Blade Knife: Usually legal.
Dirk or Dagger: Resembling a double-edged knife; usually has a reinforced blade for piercing; usually legal.
Ballistic Knife: Usually illegal. A ballistic knife is one where the blade is propelled by a spring or other device.
Bowie Knife: Usually legal.
Stiletto: A knife that tapers from a wide base to a point, usually illegal.
Blade Exceeding 5 inches: Usually illegal.
Switchblade Knife: Many switchblades were legal in the past. However, the so-called "switchblade ban" found in California Penal Code sections 21510 et seq. generally bans knives that have a blade length of more than 2 inches and can be opened by a switch, button, gravity, or centrifugal force. There is some room for legal argument here, with some state courts holding that if the knife has a "detent," when closed, the knife cannot be opened with the switch. That means the blade must be removed from the handle, before being opened with the switch.
Gravity Knife: A knife that is opened through the force of gravity or the application of centrifugal force. Usually illegal.
Concealed and Open Carry Laws
The distinction between the two modes of carrying knives is important in California. According to California Penal Code § 17235, a concealed knife is defined as "any dirk, dagger, and any other dangerous or deadly weapon carried upon the person hidden from ordinary observation." If a person carries a knife in a sheath, it is considered "dirk or dagger" that will be deemed illegal in many situations. This is also true if the sheath is not completely visible.
To have a dirk or dagger (defined by § 16470 of the PC) is generally against the law under California Penal Code § 21310 because it is also "as a weapon capable of ready use as a stabbing instrument that may inflict great bodily injury or death."
As for knives of other types, it is also against the law according to § 25400 of PC to "carry concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person"—known in layman’s terms as concealing a firearm in public. § 25400 also provides for specific exceptions to this prohibition on concealed carry of firearms, for which carry of knives in a concealed manner may also apply.
It is thus legal to legally carry a knife openly—and in this case specifically it refers to two categories: 1) foldable knives, such as pen knives, nail clippers, and Swiss Army Knives; and 2) fixed-blade knives, such as a butcher knife, kitchen knife, and hunting knife.
In other words, folding blades are legal to carry in California, while knives with fixed blades are not allowed. Again, both of these categories can be carried in or out of the home (on the way to the store, for example), but concealed carry of these knives is illegal as of this time.
Knife Carry Age Restrictions
At a minimum, you must be 18 years of age to legally carry or possess any type of knife in California. For example, if you are caught carrying any type of knife, even a folding knife with a blade no longer than 2 inches, and you are under 18 years of age, you can anticipate charges of minor in possession of a weapon. The penalties for this crime include a fine ranging from $100 to $750. Additionally, this charge is treated as an infraction, which means you will not have a criminal record unless you choose to submit the payment of the fine and do not complete the requisite probation terms, which exceed a year. Please note that mere possession is not illegal for underage individuals, but the crime of carrying without a permit is a crime even for an underage person.
When it comes to permits, only California residents who are 18 years and older may apply for a concealed carry permit. What is concealed carry? In this context, concealed carry means having on your possession a knife with a blade measuring no more than 2 inches and with a locking mechanism that does not have an automatic blade-opening mechanism. In other words, a folding knife will suffice for concealment.
As explained throughout these pages, there are different categories of knives, some of which require permits to carry and others that are illegal to carry. These categories are generally divided into: 1. knives that require permits and 2. knives that are illegal to carry. Please note that this classification does not take into consideration knives that are illegal to possess rather than just to carry, such as ballistic knives. We discussed these categories in the next two segments.
Knife Carry in a Public Place
Generally, there are no restrictions on carrying knives in public places in California. Nevertheless, certain exceptions do exist. These exceptions are meant to protect children and others who may be more vulnerable to an attack.
Schools (K-12)
Guns at schools are strictly prohibited. Schools (K-12) are also considered a gun-free zone. In terms of knives, you cannot carry into or upon real property of any school providing instruction in grades 1 through 12, or at a playground. Some schools do not provide instruction to those younger than 1st grade (such as preschools), so we would not be able to enter such "pre-school."
The school property laws are found in Penal Code sections 626.10 and 626.7. Section 626.10 provides that it is a violation to carry any knife or dirk with a blade length of over 2½ inches onto school grounds. In addition, it is not allowed to possess a "multi-tool" where the knife blade exceeds 2½ inches while on school grounds. Section 626.7 finds it is illegal to possess on the physical grounds of any school providing elementary or secondary education any knife having a blade more than 2½ inches in length. Note that it is illegal to take any knife with a blade over 2½ inches, irrespective of whether it is a dirk or dagger , onto school grounds. Also note that it is not just public schools – virtually every type of organization for children, including preschools, parks, etc., is considered a "school" under this statute.
It is a defense to possessing a knife under 2½" in a schoolyard if it is shown: (1) the instrument is possessed by a pupil for use in a course of instruction or for any other legitimate purpose; or (2) the pupil had prior approval from the school principal or other responsible school official to possess the instrument.
Keep in mind that these rules are only for students. If you attend a K-12 school without permission, or a community college/college/university, you can face significant criminal sanctions without any right to a defense.
Parks & Government Buildings
It is unlawful for any person to have a firearm in the state capitol or to possess a knife with a blade length over 2.5 inches. See Section 171b of the Penal Code. Also, it is illegal to carry any knife in government buildings, the state capitol building, or California state parks. See Government Code section 20130(b). This is a general communication made in an attempt to convey accurate information on our current interpretation of the law. As the law is always changing, it is possible that the information offered may be out of date. Accordingly, this should not be considered specific legal advice.
Penalties for Carrying a Knife Illegally
A violation of CA knife carry laws can result in a misdemeanor charge. Some issues may also result in a Wobbler Charge – meaning that it can be charged as either a misdemeanor or felony.
Most misdemeanors for illegal knife carry include county jail sentences between 10 days and 1 year as well as fines of up to $1,000, loss of the knife, and perhaps other conditions such as probation and mandatory counseling.
Below are a few potential penalties for knife-related charges in California:
• Section 17700 (possession of a switchblade) is charged as a misdemeanor and has a maximum sentence of 6 months in county jail and/or a fine of up to $1,000;
• Section 21310 – Possession of a dirk or dagger is a felony punishable by 2, 3, or 4 years in a state prison;
• Section 626.10 (dirk or dagger on the grounds of a school, university, or daycare) is a wobbler, and so the lowest possible fine is $1,000, with 1 year in county jail as the maximum;
• Section 21310, a felony if you have a prior "strike" conviction, punishable by 25 to life;
• Section 22810 (illegal gravity knife) is a misdemeanor punishable by imprisonment in the county jail not exceeding 1 year, or by a fine of not exceeding $1,000, or by both that fine and imprisonment.
An experienced criminal defense attorney can help you reduce and even avoid penalties by fighting the charges on your behalf.
Tips for Legally Carrying a Knife
Consider the Context: Context matters when discussing responsible knife carry because knives are regulated for carry in different ways depending on the context. In general, it is advisable for people to assume that a knife should be considered a "dangerous weapon" when disclosing it in response to a police officer’s question. However, if you are a chef, store owner, or butcher who may need to use a utility knife frequently in order to perform your job, then you should carry the knife in a closed and sheathed (guarded) position. This is to reduce any possibility of the knife being used as a dangerous weapon.
Pen knives, which are often small and designed specifically for utility work, should also be carried in the closed and sheathed position. Although commonly advertised as "pocket knives," pen knives are illegal to carry in California according to Penal Code section 17235. People may want to consider using folding knives which do not have a blade 2.5 inches or longer.
Utilitarian Carry: In general, regardless of whether you are a business professional carrying a utility knife for your job, knives for self-defense should be recognized as solely for self-defense purposes only. A knife carried for utility reasons should be covered and concealed, with the point facing downward to minimize any risk of deadly contact if the knife were to accidently come open. Utility knives carried for professional reasons should be sheathed in an easily accessible holster or pocket for quick access.
Tip: People should not carry knives exposed in a sheath , openly on their hip, or protruding from a pocket. Knives should be carried safely to avoid unnecessary harm, either to yourself or others. Additionally, people should not carry knives in any manner that would indicate to a police officer that the knife is being carried for a purpose other than utility purposes. For example, solely for self-defense, or for use in public fighting. If someone must carry a knife simply for keeping it accessible, consider carrying it in a closed and sheathed position in your pocket in a manner that will not expose it to view to those around you.
Tip: To ensure you are carrying knives in accordance with CA law, bookmark this page so that you can access it easily. Keep updated on CA knife laws, and do not rely on shop owners or the news about changes to knife laws. If you are carrying a knife, know immediately that CA Penal Code 21510 makes it illegal to sell, offer for sale, or expose for sale to any person or receive or import into California for sale any "fixed blade knife with a blade that is more than 4 inches."
Tip: Know the laws related to the knives you are carrying, and research your knives online to learn if they become illegal. For example, Switchblades are illegal under CA Penal Code section 21510 but have been legalized for sale in CA under certain limitations such as length and price. To stay up to date, search the key terms "switchblade," "knife," "California knife laws," "California knife carry," "California knife possession," or "California knife sale."