CA Knife Laws

[Librarian]

I read on some knife site that it's legal to have a switchblade/butterfly/OTF knife in your home. As long as it's not on your person. Is this true?

True. PC 21510 tells us what is prohibited; possession in the home is not included. And that is quoted in the first post in this thread ...

[sirr6]

Thanks librarian!!!

[BigPimping]

Librarian you are the wealth of information. Thanks!!!

[Pistool Jan]

I just talked to a police officer at my local station with 20 years on the force and she said (as far as she is concerned) it is okay to carry a fixed blade knife, be it 4" or 8" or whatever, on your person so long as.....it is secure in a sheath and is not concealed..... i.e. is in open view.

She said she interacts with citizens all the time who carry openly and has never arrested a law abiding citizen for open carry of a fixed blade knife. She said that on the contrary she obviously has arrested suspects and felon's who carry concealed dirks, daggers, knives as well as brass knuckles etc.

She said almost everyone they talk to has a pocket knife on them and they really make little distinction between a 3" folder or a 6" fixed blade. Either one could cause serious injury or death. But if you are not a danger to anyone, not up to anything illegal etc etc use your imagination.....it doesn't bother them that much. Certainly not enough to get arrested for.

She also said the laws have changed in the last 2 years or so and knife infractions that used to be a felony have been downgraded to misdemeanor.

However, even though she spent a good amount of time with me....people were coming in she needed to help and she had to get going before she was able to look up the exact penal code etc. She did ask a couple officers close by and they said what she said.

So after that long intro......... what is the "official" take here?

Can I legally carry a 6" fixed blade knife on my person in Los Angeles and surrounds, if it is in a sheath and carried openly....not concealed? Is the police officer incorrect?

Just to say......she did say..."why would you want to carry such a knife on you? Are you going hunting?" which I thought was funny, but I get the point. I very politely replied that if it is my right, I'd like to exercise that from time to time and besides, sometimes I forget I have a knife on my belt, since I wear a knife and other tools every day on my tool belt. Sometimes I pare down to a lighter carry and go with one tool pouch and a knife and tape measure on my regular pants belt. It is then I sometimes forget to get everything off me.....and that I just wanted to know so I am not breaking any laws. What I didn't say was that if some religious nut job wanted to cut my head off or stab me and others around me....that I would have the means to defend myself to a degree, since it is almost impossible to get a carry permit for a firearm in Los Angeles. It was a pleasant conversation, no attitude.

[Librarian]

Can I legally carry a 6" fixed blade knife on my person in Los Angeles and surrounds, if it is in a sheath and carried openly....not concealed? Is the police officer incorrect?

The text of the LA City and LA County ordinances is posted above; based on that, if that officer meant Los Angeles, she was wrong.

But LE are free (required, actually, if they care to keep their jobs) to enforce laws the way they are trained, and if that's what her agency wants, that's how it will go.

If a local DA says 'don't bring me those unless there are special circumstances', LE agencies may implement training that way.

But knowing enforcement would be significantly different from the text of the laws is hard.

[the Scholar]

I am so confused after reading all of this. I am interested in getting a KaBar TDI and carrying it concealed so I came into here to read up on the laws. Now I am second guessing if I am even legally able to carry my folding pocket knife, an H&K assisted open Blitz knife...

[Librarian]

TDI is a fixed blade, and illegal to conceal.

In most places, Blitz should be OK, but can't know all the different jurisdictions and definitions.

[Apostolos]

So the Wade decision has undone the Pellecer ruling that said carrying a fixed blade in a backpack was OK.

Does this mean that as long as I'm not carrying the backpack it's ok to store my fixed blade in it even if the backpack is in close proximity to me, e.g., I'm "leaning against it?"

Can I carry my fixed blade attached to the outside of my backpack/tactical briefcase, and then when I set the backpack/tactical briefcase down, put the fixed blade inside of it?

Thanks for the help.

God Bless,
David

[Apostolos]

Librarian,

Your opinion on my aforementioned questions would be greatly appreciated. I understand that it is not legal counsel but just your opinion. Thank you for your contribution.

God Bless,
David

[Librarian]

Can I carry my fixed blade attached to the outside of my backpack/tactical briefcase, and then when I set the backpack/tactical briefcase down, put the fixed blade inside of it?

My personal opinion? That would probably be illegal. Back when I was commuting via BART I used to have a fixed blade in my bag, and when I found the concealed fixed blade law, I switched to a folder.

As far as enforcement goes, I expect one must fail the 'attitude test'. I have fixed blades in my car emergency bags and my more comprehensive medical bag (Swedish Moras) and I'd would not hesitate to use those bags in public as intended.

[Apostolos]

My personal opinion? That would probably be illegal. Back when I was commuting via BART I used to have a fixed blade in my bag, and when I found the concealed fixed blade law, I switched to a folder.

Thanks for the response. Just for clarification, do you think it would be illegal for me to carry my fixed blade attached to the outside of my tactical briefcase. I would lash the sheath onto the MOLLE. Thanks again.

God Bless,
David

[Librarian]

Thanks for the response. Just for clarification, do you think it would be illegal for me to carry my fixed blade attached to the outside of my tactical briefcase. I would lash the sheath onto the MOLLE. Thanks again.

God Bless,
David

So far as state law is concerned (and avoiding schools and other restricted areas) that should be OK.

[Apostolos]

So far as state law is concerned (and avoiding schools and other restricted areas) that should be OK.

God Bless,
David

[MeatyMac]

Regarding CA PC sec. 21510 pertaining to “Switchblades”, (c) notes “transfers” as a violation, my question is:

* If I legally purchase a switchblade knife in Oregon and bring it back to my home in California locked in the trunk of my vehicle have I violated this law? Has the Oregon seller violated this law? A reply with knowledgeable opinion would be appreciated.

Here’s PC sec. 21510 from the link on page 1, post 1, https://law.onecle.com/california/penal/21510.html

[Librarian]

https://law.onecle.com/california/penal/21510.html

(Sorry, missed this earlier)

I don't see how an Oregon seller, doing business in Oregon (and not, for example, an internet sale) would be bound by CA law.

21510 does not ban import, and your proposed method of transport does not violate (a), so it seems you would also be in the clear.

I'm sure a motivated, inventive DA could find a reason to charge you under those circumstances, but actually obeying statute law is ordinarily a pretty good defense.