CA knife carry laws: what's legal?

[freshdesigns@hotmail.com]

What are the laws regarding knife carry? Are folders legal as long as it's not concealed? What about FIXED blades? Are there blade length limitations?

[shin_en]

http://www.equalccw.com/knifelaw.html#SECTION%20TWO

[Patriot]

The website mentioned above is a good place to start.

I am reasonably familiar with knife laws at a state level, but YMMV, IANAL, IMO, etc. Is there a specific knife or knives in question? Also be aware that local regulations may differ.

What are the laws regarding knife carry? Are folders legal as long as it's not concealed? What about FIXED blades? Are there blade length limitations?

There are a few general sections, such as 12020 (illegal weapons, "dirk and dagger" [read fixed blade] concealed carry = illegal), 653K (switchblades), and the pertinent 'you can't carry X here' laws (educational institutions, etc.). leginfo.ca.gov is a good reference resource for the actual text of laws.

Folder legality may be regulated at a local level. Check your local laws!

At a state level, provided that the folder is not carried open + concealed (dirk & dagger), is not one of the illegal knife types in 12020, does not fall under switchblade definition in 653K (NOT as simple as it sounds), and is not carried in restricted areas (also some obscure Business Code stuff that applies to certain workers/worksites), is not brandished, etc., you should be good. That's kind of vague, but without specifics....

[freshdesigns@hotmail.com]

Man I hate legal-speak. Gives me a headache when I read it! I'll try and get through it.

[Patriot]

Possession & Street Carry:

California State Code – Penal Code Section(s) 12020
(a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:
(1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses... any ballistic knife, any nunchaku, any metal knuckles, any belt buckle knife, any leaded cane, any shuriken, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag... [Note: this is the paragraph covering what you cannot own at all]
(4) Carries concealed upon his or her person any dirk or dagger. [Note: see below for definition(s)]
(24) As used in this section, a "dirk" or "dagger" means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position.(24)(d) Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning of this section.
Summary: No fixed blade or open folding knives may be carried concealed, however, open carry in a sheath attached to the belt is legal.
Switchblades:

California State Code – Penal Code Section(s) 653k
Every person who possesses in the passenger's or driver's area of any motor vehicle in any public place or place open to the public, carries upon his or her person, and every person who sells, offers for sale, exposes for sale, loans, transfers, or gives to any other person a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor. For the purposes of this section, "switchblade knife" means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife or any other
similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. "Switchblade knife" does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position. For purposes of this section, passenger's or driver's area" means that part of a motor vehicle which is designed to carry the driver and passengers, including any interior compartment or space therein.


General Summary: Pursuant to 12020 and 653k, folding knives of any length not prohibited by either statute may be carried (in a folded position) either openly or concealed with no restrictions except in such areas as are designated by law.

My take:

Fixed blades are supposed to be legal to carry openly (which may result in hassle) but are definitely illegal to carry concealed. Be careful of untucked shirts, jackets, etc. Same goes for open folders that are carried concealed (just closing a loophole here, nothing special).

Illegal knife types include any throwing stars, disguised knives, sword canes, and belt buckle knives.

Automatic knives are illegal. Lockback folders are good to go. Liner locks or non-locking folding knives need to have a detent or bias toward closure. In a nutshell, the most common detent is a little ball and indent on the blade/frame that provides resistance (however slight) intended to keep the knife closed. 'Bias toward closure' means knives that'll start to close on their own when partly folded (like lockbacks do). Most mid to high end folders by companies such as Buck, Gerber, CRKT, Cold Steel, Spyderco, Boker, Benchmade, Emerson, etc. will have one of these features. Economy knives by S&W, M-tech, etc. may or may not. Cheap crap knives from china, mexico, etc. probably will not.

EDIT: Actually, locally made sub 2" automatics are fine.

Off the top of my head, there are carry/possession restrictions at [some or all] public meetings, schools (K-12 and college differ), airports, some gov buildings (in practicality that means all of them). General rules, but they should keep one out of trouble.

Local laws are where you have to watch out for further restrictions. I know LA and Riverside have special laws. Quite a few places do.

[tyrist]

Many cities have local ordinances reguarding knife carry. Generally speaking a folding knife which is kept folded and in your pocket is legal. However I do believe there are a few Municiple codes reguarding carrying a folding knife with specified blade lengths.

[Patriot]

A 2.5-3" blade folding knife carried concealed is legal in most places.

When it comes to legalities, though, the devil's in the details. That's why it is so important to be familiar with local laws.

[MudCamper]

A 2.5-3" blade folding knife carried concealed is legal in most places.

Any length folder is legal, concealed. Schools and some other excpetions limit length to 2.5".

[SteveH]

One CPC section to watch out for is the prohibition on lock blade knivers on K-12 school grounds. Its a misdemeanor and applies on all areas of the school campus and even when school is not in session.

I see adults using school grounds to walk their dogs, or shoot hoops after hours all the time. I wonder how many of them are unknowingly breaking the law buy having a Spyderco clipped to their pockets.

[freshdesigns@hotmail.com]

So just about ANY folder is a "lock blade" correct?

[pnkssbtz]

Be careful.

Orange county PD has arresting people not too long ago under 653(k) for knives that are specifically exempt from 653(k). The law means nothing when an officer makes up his mind he wants to arrest you for something.

This makes it important to know the laws for knives.

[metalhead357]

Be careful.

Orange county PD has arresting people not too long ago under 653(k) for knives that are specifically exempt from 653(k). The law means nothing when an officer makes up his mind he wants to arrest you for something.

This makes it important to know the laws for knives.

And/or the cash/funds to hire a decent attorney knowlegable in such matters.........

YEP. Its crazy living here; dam near need a law degree just to know......not even live....your freedoms

[tpliquid1]

old thread i know, but can we open carry knife on a backpack? and in a county park ?

[Librarian]

One CPC section to watch out for is the prohibition on lock blade knivers on K-12 school grounds. Its a misdemeanor and applies on all areas of the school campus and even when school is not in session.

I see adults using school grounds to walk their dogs, or shoot hoops after hours all the time. I wonder how many of them are unknowingly breaking the law buy having a Spyderco clipped to their pockets.

Wobbler, I think:

626.10. (a) Any person, ... , who brings or possesses any dirk, dagger, ice pick, knife having a blade longer than 2 1/2 inches, folding knife with a blade that locks into place, a razor with an unguarded blade, ... , upon the grounds of, or within, any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.

Or does it need to be a year or more to be a felony? Ah, here it is - PC 17

17. (a) A felony is a crime which is punishable with death or by
imprisonment in the state prison. Every other crime or public
offense is a misdemeanor except those offenses that are classified as
infractions.
(b) When a crime is punishable, in the discretion of the court, by
imprisonment in the state prison or by fine or imprisonment in the
county jail, it is a misdemeanor for all purposes under the following
circumstances:
(1) After a judgment imposing a punishment other than imprisonment
in the state prison.
(2) When the court, upon committing the defendant to the Youth
Authority, designates the offense to be a misdemeanor.
(3) When the court grants probation to a defendant without
imposition of sentence and at the time of granting probation, or on
application of the defendant or probation officer thereafter, the
court declares the offense to be a misdemeanor.
(4) When the prosecuting attorney files in a court having
jurisdiction over misdemeanor offenses a complaint specifying that
the offense is a misdemeanor, unless the defendant at the time of his
or her arraignment or plea objects to the offense being made a
misdemeanor, in which event the complaint shall be amended to charge
the felony and the case shall proceed on the felony complaint.
(5) When, at or before the preliminary examination or prior to
filing an order pursuant to Section 872, the magistrate determines
that the offense is a misdemeanor, in which event the case shall
proceed as if the defendant had been arraigned on a misdemeanor
complaint.

If the court says it's a misdemeanor, it is.

[E Pluribus Unum]

Many cities have local ordinances reguarding knife carry. Generally speaking a folding knife which is kept folded and in your pocket is legal. However I do believe there are a few Municiple codes reguarding carrying a folding knife with specified blade lengths.

Local ordinances would be pre-empted by state law.

State law has no general restriction on blade length. One can carry a 22" Katana openly on his belt and it is legal.

If someone made a 22" folding Katana, it could be carried concealed while folded.