A Brief Review of Knife Laws in California
California Knife Laws are governed by a series of prohibitions which can be broken down into four separate classifications of types of knives: dirk or dagger knives, switchblades, disguised knives, and other prohibited knives, all of which are defined in Penal Code ("PC") § 17235-17290. The penalties and classifications for these knives range from misdemeanors to felony punishments and include both misdemeanors and felonies for violations of the concealed or open carry provisions of these laws. PC § 17290 describes switchblades, as well as certain disguised knives and daggers. Switchblades are defined as knives which have a blade which is unlocked and can be released from the handle by a spring mechanism or another kind of pressing mechanism, and whose blade is longer than two inches. Switchblades which are less than two inches long fall under the other prohibited knives category . In addition to the spring and unlocking mechanisms, it has also been held that knives which have the blade rotated into the handle by a small twist are effectively switchblades, as well as those which can be released with a spring if they also have a second feature of being locked into the handle by a pin or button. A disguised knife is defined as one which takes the appearance of another object but its true purpose is as a knife. This definition includes knives which take the form of combs, pens, or other innocuous objects which may or may not be disguised in a way which can be readily detected. Holding a concealed dirk or dagger in California is a misdemeanor, except in certain cases where the individual is acting in self-defense, and the dirk or dagger is a reasonable method of self-defense in that particular scenario. Dirks and daggers are defined as "a knife with a fixed blade that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death." Fixed blade knives are therefore not necessarily prohibited in California; however, concealed dirk or dagger knives, switchblades, disguised knives, and other prohibited knives generally are prohibited.
What Are Fixed Blade Knives?
Neither the California Penal Code, nor the San Diego Municipal Code, nor the San Diego County Code specifically define knives. However, each set of laws refers to several types of knives using terms that are expressly defined, and from those definitions we can derive a common understanding of what types of knives the laws concern. Like folding knives, fixed blades are not illegal in and of themselves, but they may be covered by laws prohibiting the possession or carry of concealed or dirk or stiletto knives.
Fixed blade knives are perhaps the most commonly basic knife. While the folding knife has the advantage of portability, the fixed blade is arguably superior ergonomically, and from a practical standpoint. They come in a variety of shapes and sizes, with a virtually infinite number of potential uses. Typically, fixed blade knives are tools that find their greatest utility in the back country, serving as survival, camping, food weapon, fishing, and utility tools, among other applications. With a fixed blade knife, you also don’t have to worry about a blade inadvertently engaging, although if it does close, it will stay closed much more securely than a folding knife.
While virtually any portable knife can be used as a weapon in the right hands, fixed blade knives such as dirks and stilettos are often considered to be more dangerous than other knives because their design is better adapted for weaponization. Because of the versatility of these knives, their ready availability, and their relatively minimal cost, jurisdictions throughout the United States have chosen to regulate them by various means.
The Law on Carrying Fixed Blade Knives
"Fixed blade knives" are illegal in limited circumstances. California Penal Code section 17350 says that it is a crime to carry a concealed knife with a blade longer than 5.5 inches (15 centimeters).
Concealment means you carry the knife on your person:
These restrictions, however, do not apply if you are carrying a fixed blade knife in the open, like in a sheath, as long as your intent is "for use as a stabbing weapon or dagger…" (PC 17351). In other words, you can wear your oversized machete or sheath knife while hiking as long as you don’t plan on stabbing or threatening someone with it.
It is also okay to carry a fixed blade knife concealed on the way to or from your place of residence or business, or "to or from any school, camp, or educational institute at which you are attending or where you are employed." (PC 17355). If you carry a knife visibly or concealed, the intent to stab or otherwise harm someone is not supposed to be there or present, and in this case it is okay under California law.
Age and Location Restrictions
There are a few locations in California where the law applies special restrictions on fixed blade knives and other types of knives. For example, California Penal Code section 21810 (a) makes it illegal for any person to possess in a school zone any dirk, dagger, knife, or other straight-edged stabbing tool with a blade length in excess of 2.5 inches, other than as authorized by law.
Schools in many instances include public and private elementary and secondary schools, even charter schools, but also include colleges and universities. It is important to note that the location of the school in relation to the area where the knife is seized may mean the difference between a possession charge and no charge at all. This means, for example, that possession of the knife inside a school building or on school grounds, regardless of whether it is in a backpack, are basically violations of the law. However, possessing a dirk (or other knife) within 1,000 feet of the school are, per the case of In re M.V., 17 Cal.App.5th 954 (2017), not a violation of section 21810 if one is merely passing through the area (that description should not include those who know they are going to possess the knife in the school or those who live in the area and do not leave with the knife).
In addition, section 626.10 makes it a crime to possess certain knives, including fixed blade knives, on school grounds, in places of worship, at public gatherings, and at public parks and beaches. Section 626.10 is one of several laws addressing knives in California.
Penalties for Breaking the Knife Laws in California
Violating the law regarding fixed blade knives in California can have serious consequences. In general, knife law violations are usually misdemeanors. However, where a person carries a knife for some illegal purpose or to harm another person, it can rise to the level of a felony. Felony convictions carry penalties of up to three years in state prison. For misdemeanor convictions, a judge may order at least one year of probation (or Conditional Sentence Supervision, "CSS"), which means the offender’s conduct and performance will be supervised in the community. Fines can range from a few hundred to several thousand dollars. Further , knife law violations can be increasing in severity with each violation. In other words, if a person violates the knife laws several times, each succeeding conviction could result in more severe penalties. In addition, a conviction for violating any California knife law requires five years of "good cause" intervention on one’s California firearms license (CCW or FFL). "Good cause" is cause enough that violates the law after the first conviction. In other words, upon any violation of California knife law presents an immediate risk to the public. This may cause a person to be reported to the California Department of Justice, which can then restrict that person from purchasing firearms in California.
How to Stay Out of Legal Trouble
When it comes to owning a fixed blade knife, the most important thing to remember is that intent can be the deciding factor in how your knife is classified under California law. With this in mind, here are some tips for ensuring that you stay on the right side of the law, should you wish to carry – or already own – one of these knives.
Tip 1: Own a Fixed Blade, but Don’t Carry It
As mentioned previously, anything that can be considered a "dirk or dagger" by law enforcement is considered an illegal knife and therefore, possession of one can be regarded as a crime. While there are exceptions to this principle, such as those mentioned in the prior section of this article, the safest way to comply with the law is by simply not carrying a dirk or dagger in any form. If you want to own a fixed blade, you should ensure that it meets the standards outlined above for it to be considered as something other than a dirk or dagger.
Tip 2: Keep it Out of Sight and Reach
Should you decide to carry a legal fixed blade knife, there are two other important considerations: keep it out of sight and out of easy reach. The reason for this is that, should a police officer stop you for whatever reason, he or she will likely ask you if they can see what’s inside your pockets. Should you have a knife within easy reach (in a shirt or coat pocket, for instance), then you can be charged with carrying a concealed weapon – even if it is a legal fixed blade knife. If you keep your knife in a sheath somewhere that’s either zipped or buttoned, then you will’ve helped to avoid this potentially serious issue.
Tip 3: Wear it Appropriately
The other option for carrying your fixed blade knife is on your belt. This obviously complies with the requirement that it be out of easy reach but now we run into the problem of keeping it out of sight. The solution to this is to wear a belt that can accommodate the sheath of your knife without showing it off to everyone and their mother on the street. Additionally, it’s recommended that you not wear it on the front side of your body but rather the back side, as this makes it a little harder for someone to surreptitiously pull out your knife when you’re not looking.
Common Questions about Fixed Blade Knives Under California Law
Are fixed blade knives legal to carry in California?
Yes, fixed blade knives are legal to own in California. However, concealed carrying and open carrying is heavily regulated in the state of California. In fact, California is a "may issue" state. This means that if a person goes to his local sheriff or police department, that person may be dealt with accordingly to the tight laws governing concealed carrying. If that person does not meet the qualifications set forth by the sheriff or police department, then the person will receive a written understanding that he cannot open carry a fixed blade knife.
What is the difference between open and concealed carrying a fixed blade knife in California?
Open carrying simply means that a person is carrying a fixed blade knife in full view of the environmental around him. Concealed carrying is defined as a form of concealed weapons carrying. This is regardless of whether a particular weapon is a knife or a firearm. It is unlawful to carry a concealed weapon, such as a fixed blade knife, upon a person. This means that a person cannot carry a knife upon his person that is fully concealed by another object, such as his clothing . If the knife is open carried, then this act does not apply.
If I have a single-sided non-switchblade fixed blade knife, can I carry it at my job?
The law stated a single-sided non-switchblade fixed blade knife is an exception. A person can be within the confines of his job and carry a single-sided non-switchblade fixed blade knife. As previously stated, this law governs a fixed blade knife on or about a person. Therefore, an employee can carry a fixed blade knife used for switching machinery or appliances in a retail store as long as the person is not using the knife in a way that would increase the risk of harming himself or other employees.
Do I need to buy a fixed blade knife if I want to open carry, but do not want to conceal carry any of my knives?
It is important to understand that concealed carrying is prohibited. Open carrying is not. You do not have to buy a certain product to ensure that you can open carry on your person. A fixed blade knife can be any type of knife that fits within the parameters of the law. If there are any questions regarding what type of knife you need to buy, feel free to ask your local knife merchant. He will be in the best position to answer your questions.