California Knife Laws

---

Quick Summary

In California, carrying certain knives—like switchblades over 2 inches, concealed dirks, or disguised knives—can lead to serious charges. Violations, such as possessing a concealed dagger, can result in misdemeanor or felony penalties, including up to three years in prison. San Diego added further restrictions, banning “dangerous knives” like fixed blades over 2 inches unless carried openly. If arrested, do not consent to searches and contact a lawyer immediately.

---

The information on this page does not constitute legal advice. Consult an attorney for further guidance before using this information. The information on this page is current as of the time of posting. You should check with the facility for the most up-to-date information.

Imagine you’re pulled over for a routine traffic stop, and during the process, the officer finds a knife in your car. You think nothing of it — it’s just a tool for camping or fishing, right? However, possessing certain types of knives or carrying them improperly in California can lead to serious legal consequences. Understanding California’s knife laws is crucial to avoid unexpected charges and penalties.

Legal vs. Illegal Knives in California

What’s legal to carry depends on the type of knife, how you carry it, and where you are. The consequences of carrying an illegal knife can be serious, turning an ordinary tool into a legal issue. Knowing which knives are legal and how to carry them safely can help you avoid trouble.

Legal Knives

In California, owning and openly carrying certain types of knives is allowed, but there are still limits. Here are a few common knives you can carry:

• Folding Knives – Pocket knives and Swiss Army knives are everyday examples. These are generally legal to carry, whether in your pocket or openly, as long as the blade isn’t locked in the open position. Folding knives can be considered “dirks” or “daggers” if their blades are locked and exposed.
• Fixed Blade Knives (Dirks & Daggers) – Fixed blade knives, often called dirks or daggers, are legal to carry openly if they’re in a sheath on your waist. However, concealing these knives is illegal. These knives are defined as capable of being used for stabbing, and their misuse can have serious legal consequences.
• Utility Knives – Box cutters, hunting knives, and similar tools are legal for their intended purposes, like work or recreation. But be careful—carrying them in places like schools or government buildings can still get you into legal hot water.

Illegal Knives

Some knives are outright illegal in California, and owning or carrying them can lead to criminal charges. Here’s a breakdown of knives to avoid:

• Switchblades – If the blade is longer than 2 inches and it opens with the press of a button or flick of the wrist, it’s illegal. This includes spring-blade and gravity knives. Under California Penal Code 21510, carrying one can lead to charges.
• Ballistic Knives – These knives are designed to shoot the blade out and are illegal under both California and federal law. Even owning one can lead to serious penalties.
• Cane Swords and Lipstick Knives – These knives are disguised as everyday objects, such as canes or lipstick tubes, and are strictly prohibited. Their deceptive nature can lead to heavy penalties if found in your possession.
• Belt Buckle Knives and Writing Pen Knives – These hidden blades double as common accessories, which might seem convenient but illegal. Being caught with one can result in serious legal consequences.

San Diego-Specific Knife Ordinances and Restrictions

In addition to California state laws, San Diego has its own knife rules. The city prohibits carrying “dangerous knives,” which includes any fixed-blade knife or folding knife with a blade over 2 inches if it’s not carried openly. San Diego also has restrictions in public areas like parks, where possessing and throwing knives is illegal under Section 41.117.

These local rules add an extra layer of complexity. If you’re carrying a knife in San Diego, it’s important to be aware of these additional restrictions to avoid unexpected fines or charges. Whether you’re a resident or just visiting, it pays to know the local laws.

Legal Consequences of Possessing Illegal Knives

Carrying or possessing an illegal knife in California can have serious legal consequences. What might seem like a minor mistake—carrying the wrong kind of knife or not following specific regulations—can quickly lead to criminal charges. Depending on the type of knife and how it’s carried, you could face either a misdemeanor or felony charge.

For instance, under Penal Code 21310, carrying a concealed dirk or dagger can result in up to one year in jail or even more if the situation involves aggravating factors. Possessing a switchblade with a blade over 2 inches can lead to a jail sentence of up to six months and hefty fines. If you’re facing these charges, the penalties could affect your immediate freedom and future, including your ability to own knives or firearms.

Criminal Charges for Illegal Knife Possession in California

Being caught with an illegal knife in California can lead to charges that vary based on the circumstances. Depending on the type of knife and how it was carried, you could face either misdemeanor or felony penalties. Understanding the laws surrounding knives can help you navigate the legal process more effectively.

Possession of a Concealed Dirk or Dagger

In California, possessing a concealed dirk or dagger is a “wobbler” offense, meaning it can be charged as either a misdemeanor or felony based on the situation. A dirk or dagger refers to any knife designed or intended to be a stabbing weapon. The key factor here is concealment—if the knife is hidden on your person or in a bag, it could lead to charges, even if you had no harmful intent.

Even if the knife wasn’t intended for harm, its concealment makes it a legal issue under Penal Code 21310.

Switchblade Possession

Possessing a switchblade with a blade over 2 inches is illegal regardless of intent. Switchblades that open automatically or with a flick of the wrist are prohibited. Simply carrying a switchblade, even if unused, can result in criminal charges due to the quick-deployment nature of the weapon.

Legal Penalties for Knife-Related Offenses in California

The penalties for knife-related offenses in California can range from fines to jail time, depending on the severity of the offense:

• Misdemeanor charges: A conviction can result in up to one year in county jail and fines up to $1,000. While these penalties are serious, they can often be managed with the right legal guidance.
• Felony charges: If the offense involves more dangerous knives or there are aggravating factors (such as intent to harm), the charges could be elevated to a felony. A felony conviction may result in up to three years in prison and fines of up to $10,000.

Though these charges can seem overwhelming, having the right legal support can make a significant difference in your case and help minimize the impact of the penalties.

Steps to Take If Arrested for Knife Possession in California

If you’re arrested for possessing an illegal knife, acting quickly and carefully to protect your rights is important. Sometimes, knife possession charges can be tied to more serious allegations like assault or other violent crimes. Here’s what you should do:

Stay Calm and Exercise Your Rights

The moments after an arrest can be stressful, but staying calm is crucial. You are not required to answer any questions without an attorney present. Anything you say could be used against you, especially if the arrest involves knife possession alongside assault or other allegations. Politely let the officer know you wish to remain silent until you have legal representation.

Do Not Consent to a Search

If the police ask to search your vehicle, home, or belongings, you can refuse. Politely but firmly declined to give consent for any search. This can be an important step in protecting your legal rights, particularly if the knife is connected to other charges, like assault, that require a thorough defense.

Contact an Attorney Immediately

The most important step after an arrest is to contact a qualified criminal defense attorney. Whether you’re facing charges for knife possession or more serious crimes like assault, having the right legal support can make all the difference.

Take Control of Your Defense Today

California’s knife laws are complex, and navigating them can be tricky, especially with additional local regulations that often impose further restrictions. Understanding what’s legal is crucial to avoid unexpected legal challenges if you own or carry a knife. While the penalties for violating these laws can be severe, an experienced legal defense can often find ways to reduce or dismiss charges.

If you’re facing knife-related charges in San Diego County, taking swift action is essential. Contact Rubin Law Office today for a free consultation. Attorney David Rubin will help you navigate the legal system, protect your rights, and work diligently to secure the best possible outcome for your case.

The information on this page does not constitute legal advice. Consult an attorney for further guidance before using this information. The information on this page is current as of the time of posting. You should check with the facility for the most up-to-date information.