the defendant did not have an illegal knife. I'm really happy I found KnifeUp." Thank you for the link. Hi to all! The three most common types of knives switchblades, folding knives, and . However, nobody should ever take ANYBODYs word for it, even when that person is an agent/officer/employee of the agency/department/city/county/state (or the US, for that matter). With that being said, when carrying a knife youre at an increased risk for trouble with law enforcement and if you get detained, having a knife on you can potentially exacerbate the situation unless you have a very specific reason youre carrying the knife and can easily explain that to the detaining or arresting officer. No. What is even more interesting is that other, more recent cases completely contradict the decision in People v. Bass. Concealment is a factor under California law. Ill be waiting for youre reply. If youre convicted under any part of 1291, 4.01 or 3.1, youre looking at a misdemeanor on the record and up to 6 months in the slammer, a $500 fine, or both. Still illegal to carry a switch blade though. I live in Va. Also understanding how the law has changed is important as well here.The new law, signed on July 14, 2012 and effective immediately, doesnt word it as clearly, but heres the main part of the bill concerning knives: 1. As of July 1, 2014, there are no longer any per se illegal knives in Tennessee. Federal law prohibits shipment of automatic knives across state lines, with the following exceptions: 1. Also, certain municipalities have their own laws that may affect the legality of carrying a knife. Sir or Mam, thank you very much for your hard work. For example, in the City of Los Angeles, it is illegal to publicly carry, in plain view, any knife, dirk or dagger having a blade 3 or more in length, any ice pick or similar sharp tool, any straight-edge razor or any razor blade fitted to a handle. The Rent Ordinance- SF Administrative Code, Chapter 37 The Rent Board's version of the Rent Ordinance is not the official record of the laws or regulations of the City and County of San Francisco. Recall that California state law specifically bans or prohibits a person from possessing, owning, making, or importing certain types of knives. I read through everything on your page relative to the 2 states, but am still unclear. I hope you understand what I was trying to explain. I work at a VA facility and according 38 CFR 1.218 Security and law enforcement at VA facilities (b)(39), knives should not exceed a blade length of 3 inches Im guessing this is pretty typical across other federal locations. The Court of Appeals overturned the conviction, holding that the Los Angeles law conflicted with the state law, and was therefore invalid. It basically says that you can carry a concealed knife if you have a permit, but the definition of a knife is really limited to a PLASTIC knife, blunt table knife or pocket knife. 17235. Looking to see how legitimate this is. Then, depending on that input, provide an overview of which states allow such a blade. Then he or she would see in which states a knife like that would be perfectly legal, in which states it is completely and utterly illegal, in which states it varies by municipality, and in which states a permit is required. There have been no serious constitutional challenges made to Penal Code 21510 since its enactment. So I think I am confused on these laws. assault with a deadly weapon PC 245a1, and. However, despite the change in the opening operation legality, knives falling under the definition of dirks, daggers and stilettos are still illegal. Is an assisted opener such as a Kershaw Blur considered a switch blade? I have multi-tools, pocket knives, and hunting knives, The biggest of which is a 4.9 in handcrafted Damascus. See Sen. Com. Otherwise, California law has no laws regulating the maximum lengths of knives. So, to protect yourself, please do NOT just assume because Missouri Repealed the Felony Law regarding the sale, possession, and transport of this item, it does not mean your free to carry your Switchblade with impunity through the entire state. 202 (1957 Reg. Meaning it is open to officer discretion upon the arrest. Our forefathers believed that freedom was inherent to being human. Switchblade knife defined Delete the state law feature. If little Jimmy happens to have a knife larger it does not mean that he cant not possess one. balisong knives) are considered switchblades in California. JavaScript is disabled. am I over thinking this or could these laws ruin a camping trip? I love your work, so much so that i even linked out to you(see paragraph 2) in my latest post. Some defenses include the defendant showing that: In addition to the above rules, State laws prohibit people from carrying some knives into: Further, California law makes it a crime for a person to: In this article, our California criminal defense attorneys near you will answer the following five key questions: While a person may carry dirks and daggers openly in public in a sheath, it is illegal for a party to carry them concealed on their person. Disguised pen knife. but i dont know about the California law about bringing a knife. If the laws above seem confusing, as the saying goes, you aint seen nothin yet. Local ordinances vary from city to city, and county to county. This includes, cane swords, belt-buckle knives, lipstick case knives, air gauge knives, writing pen knives, etc. Amend. However, if you reside in a federal district (see Washington D.C. knife laws), the federal law does govern knives for you. Somebody please respond. Penalties may include: A defendant can raise a legal defense to challenge any alleged violation of a California knife law. Bill No. Here are some easy general rules to follow with all these Dangerous Knives as these were listed in all states. The Constitution does not mention either marriage or self-defense. In re: Luke W Tennessee Governor Bill Haslam has signed SB1771, Knife Rights bill repealing the states antiquated ban on switchblade (automatic) knives and possession of knives over four inches in length with intent to go armed, a vague law subject to abusive interpretation. 21510. Note that CA law does not have a length limit, and this length limit technically only applies if you are loitering (a wobbly subject by itself). It may not display this or other websites correctly. Nothing in the California constitution says that all knives must be treated equally, nor do state laws. There are explicit provisions in the California penal code outlawing the ownership and carry of the following types of knives: There are not currently an knife size restrictions in California, meaning you can carry a knife which is any length so long as it is not one of the length restricted knives explicitly mentioned in the California penal code. These are: Penal Code 417 is the California statute that makes it a crime for a person to brandish a knife.20. Penal Code 12022 is the California statute that imposes certain sentencing enhancements when a felon uses a deadly weapon in the commission of a felony. California Penal Codes 17235 PC and 21510 PC. is it safe to put a knife properly secrure inside the checked in luggage going to the airport? Would you be able to help me out? In this statute, weapons include knives with blades over 3" and spring type knives (see next part below for these) and many other implements of destruction. A prosecutor must prove the following to convict an accused of possessing, selling, or making a prohibited knife: Given these elements, an accused can avoid guilt by showing that he did not have this requisite knowledge. Various knives disguised as other objects are prohibited. I carry my fixed blades on hikes and camping trips, the rest of the time it's folders. & 46-294. Deadly weapon defined Worse, California courts have been inconsistent in ruling on the enforceability of these local laws. #3. And it is legal for people to defend themselves with a pocket knife as long as they act reasonably. Share on Facebook Colorado law permits citizens to legally own almost any knife, such as a switchblade or gravity knife, except a ballistic knife. or if Im in a state park and I have that knife hanging from my belt is that illegal? California Penal code 626.10 states that it is illegal to carry any knife longer than 2.5 in on any K-12 school grounds or on any college campus in the state of California. PC 21110 prohibits possessing ballistic knives in California. I understand knife laws better then most, as my business and the success of my company require me to know the knife laws from Federal, Law, to State, to local jurisdictional law. Thats my non-expert, non-legally binding two cents from experience and research. After researching the law, we certainly understand why confusion exists as to what is legal to carry and what isnt: there are over a dozen statutes on the subject, as well as numerous municipal codes, and inconsistent court decisions that further muddy the water. While this may seem to be only a modest limitation, the definition 16470. App. Air gauge knife. This is outlined in section 13.62.020 of the Los Angeles City Code. In LA, open carry of folders over 3" is the crime, so pocket-clip showing is Open Carry and illegal. Knife carried in sheath worn openly deemed not concealed Accordingly, there is no allowable maximum length limitation under California law. The witness observed Hester after she went into her house to get a towel to bind his wound. San Francisco law makes it a crime to carry a dangerous or deadly weapon while loitering in a public place. . In California, it is legal to buy, own, transport, and carry any knife that is not restricted. Updated May 25, 2021, by Daniel C. Lawson. That is why we have created this handy guide to better understand the specifics of the law when it comes to understanding under what circumstances it is legal to carry a knife in the state of CA. This is what yall want: http://www.akti.org/wp-content/uploads/AKTI-state-automatic-laws1.jpg. Close. Switchblades and other spring-loaded knives in excess of 2 length are illegal to possess on your person or in your vehicle in California, and are also not legal to sell, loan, or give away. And most of all, Please be safe!! So dont let a government entity bully you with department policy. Anchorage, AK 8.25.020 & 8.25.060 other than an ordinary folded pocket knife (blade stored in handle and requires a physical pull to open knife. as amended May 31, 1995, pp. 3-3105. It is currently legal for a minor to carry a knife in California so long as that knife follows the other laws in the state. 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. Blood was not observed on either boxcutter or Hesters clothing. But then of course there are exceptions-local laws. Do you know the importation and selling laws? any knife prohibited to possess under the law. Thats another way that SFs laws are stricter than the state laws. Other knives may or may not be legal, depending on how and where you carry them, and where you are in California. Bikers always seem to inquire about the knife carry laws in California. 23 Cal. To all who I attempted to provide you with the answers to your laws questions, I did try to provide you with the answers you never for but apparently the moderators of this site felt the need to block my answers from reaching you and would rather provide you misleading and incorrect laws for knives based upon state. I found one area where I was potentially illegal and didnt even know it. California Penal Code 21310 which provides that it is unlawful to carry any dirk or dagger concealed is the primary statewide restriction applicable to knives. There are certainly things that are illegal: any switchblade with a blade 2 or longer, or concealed possession of any knife with a fixed blade. I answered and addressed EVERY concern on here as to what that truly means for people and why you guys may not yet have updated your laws by state to include those that have. Here, Greg can probably pull out a gun and shoot Tom in self-defense. This is the most accessible resource for knife law Ive found, so I hope this feature request doesnt come across as unappreciative or lazy. The problem right now is that there are so few states that have actually repealed the law on a State / Felony Level, and for those that have, guess what, the larger problem is that the local municipalities mostly have not changed their local laws. Just because the state repealed the law, does NOT automatically mean that all Counties in the state, and all towns, cities, and local jurisdictions have repealed their laws on those knives including the Switchblade and all Auto Push Button Knives. These include: Penal Code 171b is the California statute that makes it a crime for a person to bring or possess certain knives into: Prohibited knives under this statute include: A violation of this law is a wobbler offense that can lead to up to three years in state prison. Hopefully, this article will shed some light on the rules and inconsistencies in California knife laws. Other Laws. Each of the above issues is discussed in greater detail below. . is there any specific laws to the san francisco area that i should know about? The original definition has been changed. All fixed blades legal if openly carried. Fixed bladed knives are legal if openly carried, and that includes real swords. Share on Twitter Save my name, email, and website in this browser for the next time I comment. In this section, we offer solutions for clearing up your prior record. Second Amendment does not clearly apply to dirk knives and daggers under California law. For example, if you live in Denver, Colorado, you must abide by the knife laws of Colorado as well as the knife laws of Denver. Amend. The witness claimed that she then heard Hester threaten the victim and her. App. And there is no blade-folding mechanism. I share Lee Bells difficulties. And your unhappy that someone decided to help out their fellow knife enthusiast and provide them with the cold hard facts of the laws that changed? Some constitutional challenges arose after the legislature adopted its definition, but California courts have ruled that PC 21310: As with dirks and daggers, concern over the years with switchblades is that the definition of these objects is: Up until 1957, it was illegal to possess, sell, or transfer any switchblade, or a knife with a blade of over two inches.32. Nevertheless, many of these laws still wont go into 2015 - 2023 William E. Weiss. however because he is a minor, when he is traveling in a vehicle or bicycle, his knife MUST remain in its Sheath and LOCKED in a toolbox or tackle box (lock and key locked) and he must not have the knife concealed anywhere on his person. If the police obtain a knife from an unlawful search and seizure which is a form of police misconduct then that evidence can get excluded from a criminal case. Those from San Francisco what are your knife laws like? . Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Note that if a folding knife is extended and locked into position, then: California knife laws say that it is always illegal to possess, sell, manufacture, and import certain types of knives. Box cutters are prohibited in airports and passenger vessel terminals. Officially my advice is to ask that question to an attorney or para-legal in the state of Florida (or the department from which you received your license). The California Supreme Court ruled that his conviction must be reversed. Under Penal Code 626.10a1, it is a California wobbler offense to bring or possess certain knives on the grounds of: Violations of this law can result in imprisonment in state prison for up to three years. *People v. Castillolopez This means that a person may carry a dirk or dagger openly in public provided that: Carrying a concealed dirk or dagger is a wobbler in California. HB2033 also repeals the ban on the possession of switchblades, dirks, daggers and stilettos.. my name is Rick and I have a question about concealed carry of a knife, I do have a concealed carry permit in Florida and what I need to know is what knives are allowed to be concealed carry with a permit. Are there laws in California against using a knife as a weapon?