California’s knife laws regulate people’s right to possess, carry, and utilize knives. They also define how legal and illegal types differ based on the length of the blades, the knives’ mechanisms, and their intended use.
For instance, California fixed blade laws might be different from the rules regarding switchblades and ballistic knives. While the legal jargon surrounding these state-level laws for knives can be confusing, a Los Angeles criminal defense lawyer can help you understand.
Which Types of Knives are Legal in California?
There are three types of knives that are legal to buy, own, transport, and carry according to California state laws:
- Switchblades
- Folding knives
- Fixed-blade knives
Switchblades
According to California Penal Code Section 21510: Carrying a Switchblade, this category of knives includes push button knives and ejector knives. In general, switchblades contain a blade located inside the handle, and these knives open up with the push of a button.
Switchblades are legal in California as long as the knife’s blade is no bigger than two inches.
Folding Knives
As detailed by California Penal Code Section 17235, folding knives—which include pocket knives, swiss army knives, and box cutters—require the person in possession of the knife to force out the blade manually.
Folding knives are legal in California. Unlike switchblades, there is no restriction regarding the length of the blade for folding knives.
Fixed-Blade Knives
Did you know those butcher knives you can find in many people’s kitchens are considered fixed-blade knives? This category of knives contains a blade that cannot be manually taken out or automatically ejected.
Fixed-blade knives are legal to carry and transport in the state of California. There’s no restriction regarding their length, either. However, you must keep them visible when you’re carrying them, or else you could risk being arrested.
For a free legal consultation, call (310) 896-2723
What Knives are Illegal to Have in Your Possession?
There are seven types of knives deemed illegal in California:
- Cane
- Air gauge
- Lipstick
- Belt buckle
- Writing pen
- Switchblades
- Ballistic
You might be wondering why switchblades are listed in both the legal and illegal categories of knives in California. It all comes down to the length of the blade. Switchblades no longer than two inches are legal, but blades beyond this length are not legal.
What are the Penalties for Violating the State’s Knife Laws?
The punishment that you’ll face for failing to adhere to California’s new knife laws can be harsh. A misdemeanor charge might carry anywhere from six months to one year in jail, as well as up to $1,000 in fines.
Meanwhile, a felony charge can mean anywhere from 16 months to three years in jail. On top of that, you could owe upwards of $10,000 in fines. These are just some of the many penalties that could apply if you are found carrying or possessing an illegal knife.
You can always reach out to us if you believe you have been wrongfully accused of a knife-related crime. However, you can avoid these penalties altogether by staying informed and stopping yourself from violating California’s knife laws in the first place.
Potential Legal Defenses that a Los Angeles Criminal Defense Attorney can Apply to Your Case
If you are being accused of violating California’s knife laws, you’ll want to hire a defense attorney who can help you clear your name. An example of a legal defense we can apply to your case is the argument that the knife in question does not violate California’s state laws.
For example, you could be falsely accused of carrying a ballistic knife under Penal Code 21110 PC | Ballistic Knives. Meanwhile, in all actuality, you had a standard fixed-blade dagger on you instead, and this type of knife is legal.
This is just one example of the many legal defenses we can apply to your case. Here are a few other claims we can argue on your behalf:
- You did not know you were carrying a prohibited knife
- You were in total compliance with open carry laws
- The police conducted an illegal search and seizure prior to finding the knife
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Contact a Los Angeles Criminal Defense Law Firm Today for More Information on California’s Knife Laws
If you’re facing legal issues related to California’s knife laws, we encourage you to reach out to our law firm as soon as possible. Knife laws in California can be complicated, and it doesn’t help that the regulations vary based on the knife in question and how it’s carried.
At Simmrin Law Group, we can help you understand the charges against you, explain how the circumstances affect your case, and build a strong defense on your behalf. We also strive to prioritize the protection of your rights and freedoms along the way.
Whether you’re dealing with allegations of illegal possession or facing accusations regarding the concealment of a knife, having a lawyer by your side can calm your worries and lower your stress levels. Reach out today to learn more about us and what we can do for you.
Call or text (310) 896-2723 or complete a Free Case Evaluation form