What Size Knife Is Legal To Carry

California Pocketknife Laws 2020 – Is Information technology Legal to Conduct One?

Bikers always seem to inquire almost the knife behave laws in California. After researching the law, we certainly sympathize why confusion exists as to what is legal to bear and what isn't: there are over a dozen statutes on the subject, as well every bit numerous municipal codes, and inconsistent courtroom decisions that further muddy the water. Hopefully, this article will shed some low-cal on the rules and inconsistencies in California knife laws.

A few caveats, however: Beginning, remember that conveying whatsoever weapon, even one that's legal, can cause you a lot of grief with police enforcement. Cops routinely write tickets and make arrests for things they incorrectly call up is illegal. Being constitute "not guilty" will not brand up for the fourth dimension and bedevilment of getting arrested and missing piece of work — not to mention the cost of hiring an attorney. Also, this article only covers California constabulary. State laws can vary greatly, and taking a knife that is legal in California over state lines may become you into trouble with federal laws or laws of other states. Local ordinances may also bear upon the legality of your pocketknife.

With those warnings out of the manner, California laws covering many types of knives including switchblades, daggers, and disguised blades are discussed below.

Q. How Long Can a Knife Be in California?

A. In the State of California, there is no maximum length for knives in full general. However, the maximum legal length for a switchblade knife is 2 inches. Additionally, it is illegal to carry daggers or dirks concealed, and also illegal to carry many types of knives which are designed for concealment.

For those of you with a brusque attention span, here is the summary:

In California, the post-obit are illegal: (1) Information technology is illegal to possess whatever switchblade knife with a blade of 2″ or longer, that can be opened with a button or the moving-picture show of your wrist; (ii) concealed possession of whatever "dirk" or "dagger," i.e., any stabbing device with a fixed bract, regardless of blade length; (3) possession or sale of whatever bearded blades, i.eastward., cane swords, writing pen knives, lipstick knives, etc., or any knife that is undetectable to metal detectors; (4) possession of a knife with a blade longer than two 1/2″ on any school grounds; (5) possession of a fixed-blade knife with a blade longer than 2 1/ii″ on any college or university grounds; and (6) flashing or waiving any pocketknife or weapon in a threatening style. As well, sure municipalities accept their own laws that may affect the legality of carrying a pocketknife. In Los Angeles, for instance, information technology's illegal to openly carry whatever pocketknife with a blade longer than iii″.

Each of the in a higher place issues is discussed in greater particular beneath.

Are Switchblades Legal in California?

Q. Are Switchblades Legal in California?

A. Switchblades two″ and larger are Illegal to conduct on your person or in your vehicle and are illegal to sell, loan, or give away in California.

Switchblades and other jump-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 requite abroad. Included in the legal definition of switchblade is "[any] pocketknife having the appearance of a pocketknife and includes a jump-blade knife, snap-blade knife, gravity knife or whatever other similar blazon 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, force per unit area on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or past any blazon of mechanism any." The statute expressly excludes pocket knives that tin exist opened with one hand by pushing the bract open with one's thumb, as long as the knife "has a detent or other mechanism that provides resistance that must be overcome in opening the bract, or that biases the blade back toward its closed position."see Cal Pen. Code, § 21510 for verbal statutory linguistic communication of this misdemeanor infraction.See also CalCrim No. 2502 for California jury instruction regarding switchblades.

Butterfly Knife Laws California

Q. Are Butterfly Knives Legal in California?

A. No. Butterfly Knives are Illegal to deport in California

The laws concerning butterfly knives are not specifically detailed in the California Statutes. However, the California Courts take adamant that butterfly knives fit within the definition of switchblades. MeetPeople ex rel. Mautner v. Quattrone, 211 Cal. App. 3d 1389 (1989). This unfortunately makes butterfly knives illegal to deport in the State of California.

Q. Are Spring-Assisted Knives Legal in California?

A. No. Spring-Assisted Knives are Illegal in California if they exceed 2″ in length.

Information technology should also be noted that a pocketknife that was legal when manufactured, but is broken or modified then that it volition open freely, is a switchblade within the significant of the statute. For example, in the 2008 instance of People v. Angel R., the Court of Appeals examined a conviction over a knife that, as originally manufactured, had a hole in the back of the blade that prevented it from flicking open. The trial court found, however, that the knife had been modified or damaged, and the resistance mechanism did non function and then that the pocketknife would open with a flick of the wrist. Despite the original blueprint of the knife, the Court of Appeals upheld the confidence.

Q. Are Bearded Blades Legal in California?

A. No. Disguised Blades are Illegal in California.

Cane Swords and other Disguised Blades – Penal Code § 20200 et seq

Any knife or bract that is disguised so as to not look like a weapon is also illegal in California. This includes, cane swords, belt-buckle knives, lipstick instance knives, air approximate knives, writing pen knives, etc. Blades that are undetectable to metal detectors (e.g., ceramic blades) are also illegal.

Q. Are Knives Legal to conduct on School Grounds in California?

A. It Depends. Many types of Knives are Illegal to carry in and around schools in California.

Possession of Knives on Schoolhouse Grounds – Penal Code § 626.10

It is illegal for any person to bring or possess "any dirk, dagger, ice selection, knife having a blade longer than 2 1/2 inches, folding pocketknife with a blade that locks into place, [or] razor with an unguarded blade . . . upon the grounds of, or within, whatever public or private school providing instruction in kindergarten or any of grades 1 to 12 . . ." The police with regard to college campuses is like, but less restrictive. Subsection (b) of the statute provides that it is illegal for any person to bring or possess "whatever dirk, dagger, ice pick, or knife having a stock-still blade longer than 2 1/2 inches upon the grounds of, or within, any [higher or university]."

It is of import to notation that Penal Code § 626.ten has very wide exceptions for the 2 1/2″ blade length limit on school grounds for lawful uses such equally food prep, eating, residences, and scope of employment.

Q. Is it Illegal to Scare someone with a knife in California?

A. Yep. It is illegal to brandish a knife in California.

Brandishing Knives – Penal Lawmaking § 417

In California, information technology is illegal to brandish whatever deadly weapon, including knives. The law states that it is unlawful for whatsoever person to "draw or exhibit any deadly weapon . . . in a rude, angry, or threatening manner, or . . . to unlawfully use a mortiferous weapon." This does not include utilise of such a weapon in self defense.

Q. If I only carry knives which are legal inside the State of California, will I be certain to avert legal trouble?

A. No. Local Ordinances may be fifty-fifty more restrictive than the California State laws, subjecting yous to additional restrictions.

Local Ordinances – Here's Where the Law Gets Messy

If the laws above seem disruptive, every bit the maxim goes, "yous own't seen nothin' nevertheless." Local ordinances vary from metropolis to city, and county to county. Worse, California courts have been inconsistent in ruling on the enforceability of these local laws.

For example, in the Urban center of Los Angeles, it is illegal to publicly conduct, in plain view, any knife, dirk or dagger having a bract three″ or more than in length, whatsoever ice pick or similar precipitous tool, whatever straight-edge razor or any razor blade fitted to a handle. (There are certain exceptions, such as where the knife is for apply in a "lawful occupation, for lawful recreational purposes, or as a recognized religious practise.") The County of Los Angeles has a similar rule, which makes information technology illegal to openly carry, in public, "whatsoever pocketknife having a bract of three inches or more in length; any spring-blade, switch-bract or snap-bract knife; any knife any blade of which is automatically released by a spring mechanism or other mechanical device; any water ice choice or similar sharp stabbing tool; any straight-edge razor or any razor blade fitted to a handle." In other words, it is illegal in Los Angeles County to openly carry any knife with a blade of 3″ or longer.

It gets worse. Los Angeles Code §55.01 also makes it illegal to carry whatsoever weapon concealed on 1'due south person. Equally such, in Los Angeles, y'all tin can't openly carry a blade over 3″, but you tin't carry such a weapon concealed, either.

Interestingly, the Courts have held that the Los Angeles constabulary forbidding carrying a curtained weapon is invalid. In the 1968 case of People v. Bass, a man was arrested and charged with carrying a concealed folding pocketknife. The Court of Appeals overturned the conviction, holding that the Los Angeles law conflicted with the state police force, and was therefore invalid. All the same, the Los Angeles law is still on the books.

What is fifty-fifty more interesting is that other, more than recent cases completely contradict the decision in People v. Bass. In the 1985 case of People v. Gerardoi, the accused was charged with violating a local constabulary of the City of Commerce that is nearly identical to the Los Angeles local law prohibiting carrying blades over 3″. On entreatment, the defendant cited the Bass case, arguing that the urban center code was invalid. The Gerardoi court rejected the holding of Bass, and found that the urban center lawmaking was valid.

Where does all this information go out us? The short answer is, in a mess. There are certainly things that are illegal: any switchblade with a blade 2″ or longer, or concealed possession of whatever knife with a fixed blade. Other knives may or may not be legal, depending on how and where you comport them, and where y'all are in California. The all-time this to practise is to check local ordinances before deciding to acquit a knife or any other weapon in California. Meliorate all the same, think twice before conveying a knife. Every bit you lot know, some cops look for whatever alibi to hassle bikers.

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This commodity is written for informational purposes but and is not to be construed as legal advice.