Before you can be convicted for violating Penal Code 21510 PC, the prosecutor must prove that: The prosecutor does not need to prove that you used — or intended to use — the switchblade as a weapon.14 If you knowingly have a switchblade on your person… or in the interior cabin of a motor vehicle… you violate Penal Code 21510, even if you had no intention of using it as a weapon. “Dirks” and “daggers” – Penal Code 16470 and 21310, 6.2. If the switchblade was in the pocket of a jacket that you borrowed from a friend, it might be difficult for the prosecutor to prove that you knew it was there… or, that if you knew it was there, that you knew it had the characteristics of a switchblade. Your knife doesn’t meet the legal definition of a switchblade. See People ex rel. 3 1 Local Ordinances – Here’s Where the Law Gets Messy. Possess the knife in the passenger’s or driver’s area of any motor vehicle in any public place or place open to the public, Carry the switchblade upon your person, or. However, the California Courts have determined that butterfly knives fit within the definition of switchblades. Other knives may or may not be legal, depending on how and where you carry them, and where you are in California. “Motorcyclists representing Motorcyclists”. For example, in the City of Los Angeles, it is illegal to publicly carry, in plain view, any knife, dirk or dagger having a blade 3″ or more in length, any ice pick or similar sharp tool, any straight-edge razor or any razor blade fitted to a handle. These are my opinions and also did a little research about theories on why switchblades are illegal in a lot of the states in the u.s.a. The law states that it is unlawful for any person to “draw or exhibit any deadly weapon . To help you better understand the laws relating to possession of a switchblade, our California criminal defense lawyers will explain the following: If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group. If you or a loved one is charged with Penal Code 17235 PC & 21510 PC carrying a switchblade and you are looking to hire a criminal defense attorney for representation, we invite you to contact us at Shouse Law Group. Schools are knife free zones. Felony penalties include up to 3 years in county jail and/or up to a $10,000 fine. In the 1968 case of People v. Bass, a man was arrested and charged with carrying a concealed folding knife. i would just want it to carry around ocasionally. Penal Code 21510 PC – 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. Since the weapon is right next to your body, a prosecutor will most likely be able to prove you knew you had a switchblade on your person. Switchblades are generally legal to possess under Nevada state knife laws, but local governments often restrict the length of the blade and where switchblades may be carried. “novelty” knives, such as belt buckle knives and cane swords. 1. 18 USC § 1716 – Injurious articles as nonmailable. There does not appear to be any new regulations concerning Bowie knives coming up in the near future. They were so pleasant and knowledgeable when I contacted them. imprisonment of not more than one (1) year. The short answer is that any switchblade knife with a blade 2 or more inches long is illegal in California. Part III of the Criminal Code defines such knives as prohibited weapons (armes défendues). Currently, the only country-wide law about switchblades is US Code Title 15, Chapter 29, and this law only controls the importation of these knives into the US, and the sale over state lines. There are certainly things that are illegal: any switchblade with a blade 2″ or longer, or concealed possession of any knife with a fixed blade. It gets worse. But just because you… or a police officer or a prosecutor… can open your knife with a wrist flick, that doesn’t automatically qualify the knife as a switchblade. At Law Offices of Patrick S. Aguirre we can work with you or your loved one if they are facing a charge in California. Misleading knives include cane knives and zobi-tsues, belt knives, pen knives, air gauge knives, and lipstick knives. Do you need a permit to carry a knife? Local ordinances may also impact the legality of your knife. For information on Nevada switchblade laws, see our article on Nevada switchblade laws. Violation of Penal Code 21510 PC is a misdemeanor under California law, that can be punished by as much as: Often, however, California misdemeanor violations are punished by misdemeanor (summary) probation, with little or no jail time. No Fixed blade length: 2.5in. specifically Hayward, CA. Effective January 1, 2012, Penal Code 16965, 17235, and 21510 replaced, without substantive change, former Penal Code 653k. certain types of knives considered to be “generally prohibited weapons,” including: a folding knife with a blade that locks into place, or, hand pressure applied to a button or other device in the handle of the knife, or. It is legal to own a switchblade that is less than two inches or shorter. Thus, most utility knives and folding pocket knives, regardless of length, are not switchblades under Penal Code 17235… as long as there is some mechanism that provides resistance to opening the knife. A similar concern was addressed in the 2009 amendment to the Switchblade Knife Act of 1958, 15 U.S.C.1241- 45. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. Baby born from 27-year-old frozen embryo is new record A judge may be more likely to sentence you to jail time and/or a fine if (s)he finds aggravating factors that may include (but are not limited to): If you are sentenced to summary probation, the judge will impose a number of conditions. 3. Yes Are automatic/switchblades allowed? For Colorado cases, see our page on “possession of a switchblade” laws in Colorado. . (People ex rel. Mautner v. Quattrone (1989) 211 Cal.App.3d 1389, 1395 [260 Cal.Rptr. We can provide a free consultation in office or by phone. This section to be updated as 2018 progresses. The following are considered 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: Legal defenses to carrying a concealed dirk or dagger. and want to know if i can or can't. Various knives disguised as other objects are prohibited. Furthermore, are daggers illegal in California? Is a pocket clip open carry? They are just illegal … Other knives that fall within the definition of switchblade include “balisong” or “batanga” knives, also called “butterfly” or “fan” knives.6 These are folding pocket knives with two handles that counter-rotate around the tang. Colorado State Knife Laws . In Los Angeles, for example, it’s illegal to openly carry any knife with a blade longer than 3″. To clarify the legislative intent behind the proposed amendment, Senator Karnette wrote a letter, dated July 18, 2001, which was read into the Senate’s official record. Under Penal Code 21510 PC, California law makes it a crime to carry, possess in public, sell or give away a switchblade. Owners of such knives should not be subject to potential arbitrary enforcement of the overly broad language currently contained in Section 653k.”40. The short answer is, in a mess. In re Gilbert R. (2012) California Court of Appeal, Fourth Appellate District, Division Three, No. However, you can still buy Balisong knives that are over 2 inches if you do not carry it in the driver or passenger seat or on you. It’s illegal to not inform a police officer you are carrying a concealed knife when the knife is not a pocket knife. Note that you do not need actually to hold or touch a switchblade in order to possess it. Usually it will be easy to tell whether your knife meets the legal definition. . Possession of Knives on School Grounds – Penal Code § 626.10, It is illegal for any person to bring or possess “any dirk, dagger, ice pick, knife having a blade longer than 2 1/2 inches, folding knife with a blade that locks into place, [or] razor with an unguarded blade . introduce or transport a switchblade in interstate commerce. Moreover, a detent or similar mechanism is prudent and a matter of public safety as it will ensure that a blade will not inadvertently come open. Cops routinely write tickets and make arrests for things they incorrectly think is illegal. Ballistic knives are a special type of spring-loaded knife, and are covered under Penal Code 16220 and Penal Code 21110.7 Possession of a ballistic knife is punishable by up to one (1) year in county jail. Fast-forward to November, 1950. Writing in support of SB 274, the American Knife and Tool Institute wrote: “The exception for one-handed opening knives was designed to decriminalize the legitimate use of these extremely functional tools by law-abiding citizens. Federal switchblade law 15 USC 1241 – 44 and 18 USC 1716, 8. You must adhere to these conditions in order to avoid going to jail… or returning to jail. It has no effects on buying, owning or carrying switchblades. This includes, cane swords, belt-buckle knives, lipstick case knives, air gauge knives, writing pen knives, etc. Under Penal Code 21310 PC, carrying a concealed dirk or dagger is a wobbler, meaning it could be filed as a misdemeanor or a felony. This is because she knows that her purse contains a knife that opens with no resistance and has a blade at least 2″ long. 3d 1389 (1989). California. The definition of a switchblade under Penal Code 21510 PC is very specific. Currently Bowie Knives are legal in California, as they have not been restricted by any existing regulation. Updated October 26, 2020 Under Penal Code 21510 PC, California law makes it a crime to carry, possess in public, sell or give away a switchblade. i live in the Bay Area, California. Worse, California courts have been inconsistent in ruling on the enforceability of these local laws. Fortunately, there are a number of legal defenses that a good criminal defense lawyer can present on your behalf. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. In California, it is illegal to brandish any deadly weapon, including knives. You were carrying a folding knife, but the blade wasn’t exposed; You were carrying an open folding knife, but the blade wasn’t locked into position; The knife you were carrying wasn’t a dirk or dagger because its characteristics substantially limited its effectiveness as a stabbing weapon (for example, a bread knife with a dull edge, a serrated edge and a rounded end). Even though Jane never had any intention of using the knife as a weapon, she gets charged with the crime of possession of a switchblade. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Where does all this information leave us? Under Penal Code 21510 PC, California law makes it a crime to carry, possess in public, sell or give away a switchblade. What can a defense attorney do to fight the charges? Penal Code 21510 PC10 makes it illegal to do any of the following: The “passenger’s or driver’s area” is the part of a motor vehicle designed to carry the driver and passengers, including any interior compartment or space therein.12. Sometimes, however, people with legal folding knives are accused of carrying switchblades. Penal Code 17235 PC defines a switchblade as a pocketknife with a blade of 2 or more inches that can be released by a flick of a button, pressure on the handle, flip of the wrist or another mechanical device. Generally, California criminal laws apply exclusively to crimes committed in California. In some cases, a person is convicted of a weapons charge for carrying something they thought was entirely legal. Despite the original design of the knife, the Court of Appeals upheld the conviction. As used in this part, “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. Is it legal to carry automatic knives in California? Penal Code 626.10(a)(1) PC makes it illegal to bring any of the following onto a public or private school instructing children in grades kindergarten to 12: Violation of Penal Code 626.10 is punishable by up to one (1) year in county jail. a finding that you intended to use the switchblade as a weapon; and/or. In response to such concerns, a 1996 amendment to California’s switchblade law — then Penal Code 653k — exempted from the definition of “switchblade knife” all knives designed to be opened with one hand via pressure on a thumb-stud or hole in the blade. Switchblades are legal so long as the blade is less than 2 inches long. What does it mean “knowingly” to carry a switchblade? 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