CA Knife Laws

[Librarian]

there was a conversation on Calguns recently where the parties were convinced fixed blade in glove box or otherwise not in plain view in CA was "concealed" (so need to switch to folding knives).

I'll try to find it.

But from THIS thread I'm understanding fixed blade knives are perfectly OK in car concealed or not, correct?

Ok to carry Bowie knife in car door side pocket or under seat?

Also, how much needs to be showing to not be considered "concealed on person"? What if the sheath if stuffed into a pouch on backpack shoulder strap and the belt loop is preventing 80+ of the handle from being viewed from head on? (asking for a friend)

What about a Mora knife clipped in cargo pants with less than 1/2 the handle showing?

Concealed in a vehicle is not a state-level crime, but can be a local crime; apparently Marin County has such a law.

Kindly read all of the first couple posts.

No definition for 'concealed' - will depend on LE at the time.

[fast54vw]

UN-CONCEALED FIXED BLADE KNIVES may be legal, depending on where you are.
......

So someone can open carry a gerber guardian on their person?


And what is the penalty if busted concealed?

[Sir Toast]

And what is the penalty if busted concealed?

Cite and release?

[Librarian]

UN-CONCEALED FIXED BLADE KNIVES may be legal, depending on where you are.
......

1) So someone can open carry a gerber guardian on their person?


2) And what is the penalty if busted concealed?

1 - maybe, "depending on where you are."

2 - felony, as outlined in the first post in this thread .

- that's two members in the last few days who have asked questions answered in that first post.

[hermosabeach]

Could Or should??

there was a conversation on Calguns recently where the parties were convinced fixed blade in glove box or otherwise not in plain view in CA was "concealed" (so need to switch to folding knives).

But from THIS thread I'm understanding fixed blade knives are perfectly OK in car concealed or not, correct?

Ok to carry Bowie knife in car door side pocket or under seat?

Also, how much needs to be showing to not be considered "concealed on person"? g?

Can you carry / keep a fixed blade knife next to the driver?

Should you carry / keep a fixed blade next to the driver?



I've been stopped enough times and never failed the criminal profile test.
I always have a pocket knife- a folder clipped to my pant pocket... wearing a suit- yes the knife is there too.

Police have never worried about my pocket knife nor OC spray in door pockets.

Should an officer see a KBar handle under the dash, it might make them criminally profile me and wonder why I have a K Bar under my dash...

I want the officer to know I'm basically law abiding and maybe I was driving safely above 50 mph.

I don't want them to think I'm sketchy as hell as I have a K bar.

I don't want to get asked out of the car
I don't want to be terry frisked
I don't want to be cuffed and set on the curb or back of a car
I don't need my car to be searched as they have PC for the K Bar

Now 45 minutes have passed.... now they get to decide their next step

1- place knife in my trunk and give me a warning
2- give me a misdemeanor cite and a court date - knife taken as evidence
3- knife realized to be OK and I get a apology for being taken out of the car and a warning for whatever PC for the initial stop.

I can think of a lot of tools that can be in my car that might be as effective as a knife but not make me seem like a questionable person who should be criminally profiled.

[SLOSA Rimfire]

When it comes to manual-opening folding knives, California has no legal limit on blade length, so long as the knife is carried folded-up and not locked open. At least that's what a bunch of layers' websites claim -- I can't find a copy of the actual penal code online.

My local city penal code says this:

9.16.010(B) Dangerous and deadly weapons—Defined
"The term “dangerous and deadly weapon” as used in this chapter shall also include, but not be limited to:

1. Any knife having a blade of three inches or more in length;"

9.16.020 Dangerous and deadly weapons—Discharge or carrying prohibited.

B. "Except as expressly permitted by state or federal law, it is unlawful for any person to carry upon his or her person or to have in his or her possession or under his or her control in any public place within the city any dangerous weapon specified in Section 9.16.010(B);"

So the $10.00 question is does California expressly permit the carrying of any sized folder so long as it's folded-up when being carried? I can't find the exact penal code on line. All I can find is a bunch of lawyers' websites claiming that any length folding knife may be legally carried in California so long as it's closed.

Thanks for any help.

[Librarian]

When it comes to manual-opening folding knives, California has no legal limit on blade length, so long as the knife is carried folded-up and not locked open. At least that's what a bunch of layers' websites claim -- I can't find a copy of the actual penal code online.

My local city penal code says this:

9.16.010(B) Dangerous and deadly weapons—Defined
"The term “dangerous and deadly weapon” as used in this chapter shall also include, but not be limited to:

1. Any knife having a blade of three inches or more in length;"

9.16.020 Dangerous and deadly weapons—Discharge or carrying prohibited.

B. "Except as expressly permitted by state or federal law, it is unlawful for any person to carry upon his or her person or to have in his or her possession or under his or her control in any public place within the city any dangerous weapon specified in Section 9.16.010(B);"

So the $10.00 question is does California expressly permit the carrying of any sized folder so long as it's folded-up when being carried? I can't find the exact penal code on line. All I can find is a bunch of lawyers' websites claiming that any length folding knife may be legally carried in California so long as it's closed.

Thanks for any help.

Cities and counties can make their own rules. Max is a misdemeanor.

Other than the limits noted in the first post in this thread, state law is silent on lengths.

ETA I've spent a lot of time in SLO - wife is from there - and there are plenty of cowboys and farmers in town with folders clipped into pockets. I've carried mine for over 20 years. SLOPD, wisely, has better things to do than worry about those.

------

ETA - late, I'm afraid. Apologies.

'Expressly' permit the carrying of any sized folder - no; but the only general length description is for switchblades; if a thing is not discussed in statutes, it's usually legal until that happens.

Remember, statute law almost always limits itself to 1) what you MUST do and 2) what you MUST NOT do; laws ordinarily ignore what you MAY do. No general law allows wearing shoes or eating lunch.

California statutes are on-line here : http://leginfo.legislature.ca.gov/faces/codes.xhtml

[Librarian]

Just a reminder:

the first two posts in this thread have nearly all the useful info on CA knife laws.
Read those and you'll usually find your answer
- that's why those posts exist.

[MudCamper]

I recently have been getting into fixed blades, and carrying them. So I want to revisit some specifics of the law.

I know there is no actual legal definition of "concealed" and thus we are at the mercy of LEO and DAs. However, does anyone know of any cases that deal with this at all?

There is of course one legal definition of what is NOT concealed. And it is not included in the first post in this thread. So here it is:

20200. A knife carried in a sheath that is worn openly suspended from the waist of the wearer is not concealed within the meaning of Section 16140, 16340, 17350, or 21310.

But this is what I wonder. If I wear a knife in a sheath on my waist, but my jacket or shirt partially cover the knife, but not the entire sheath, such that several inches of sheath are still visible protruding from my shirt or jacket, am I OK or risking legal trouble?

[BigPimping]

So I'm a bit confused here. Is a locking knife like a Spyderco or a Benchmade considered a dirk or dagger when opened and the lock engaged?

Is that something you can legally carry in your pocket? Or is there a blade length that beyond that becomes illegal?

[Librarian]

So I'm a bit confused here. Is a locking knife like a Spyderco or a Benchmade considered a dirk or dagger when opened and the lock engaged?

Can be, yes.

Is that something you can legally carry in your pocket?

Yes. Folded, of course.

Or is there a blade length that beyond that becomes illegal?

Aside from some schools, not in state law. Counties and cities can make up their own rules.

See the first post.

[BigPimping]

Thank you sir. Hope you're doing well at your new home.

[MudCamper]

If I wear a knife in a sheath on my waist, but my jacket or shirt partially cover the knife, but not the entire sheath, such that several inches of sheath are still visible protruding from my shirt or jacket, am I OK or risking legal trouble?

I guess there is no answer for this, other than, "there is no legal definition of "concealed"". And YMMV with LEO.

[Laetum]

The XR lock in post #53 is just another form of AXIS lock (expired patent held by Benchmade). An AXIS lock provides the tendency for the blade to stay closed.

If you disengage the AXIS lock, you can flick the blade open with zero resistance. Mechanically, such an action is the same as a "gravity knife" in the definitions of the law.

I speculate that the addition of a thumb-stud, Spydie hole, fuller, or backside flipper directly on the blade shows the intent that force shall be provide "directly on to the blade" in order to open the knife (as a defacto means of opening), making the intended use of the knife legal.

I'm interested in the currently popular, "button lock" style of knives, but I am not certain they will be viewed as California legal.


This one has a flipper.

https://amzn.to/3oLvBb6

This one has NO way to put pressure on the blade to open it.
I guess you press the button and flick your wrist, making it a "gravity knife"

https://amzn.to/3sJiiZE