Legal Question in Criminal Law in California

Thank you in advance for your time.

I have been doing quite a bit of research pursuant to California knife laws. Some of which is clear and some a bit ambiguous. The most pertinent information seems to be in Penal Codes 653k and 12020. This research is in the direction of "carry" laws not "use" laws. I also realize that local ordinances can vary. But from a state perspective the best I can figure out is the following:

Banded Blades:

All of the following are banned in all circumstances: Any a blade declared a �gravity knife or switchblade� of two or more inches in length, ballistic knife, belt buckle knife, lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, and any writing pen knife.

Concealed Knife Law:

* It is illegal to conceal a �dirk� or �dagger.�

* You can legally carry any concealed blade that is not a �dirk� or �dagger� or one of the �banned blades.�

Openly Worn Law:

* You can legally carry any blade openly that does not fall into one of the �banned blades.�

* Knives carried in sheaths which are worn openly are not concealed.

**Nowhere in any penal code can I find a length limit, or a ban on double-edge�. either concealed or openly worn.

Please let me know if you agree or disagree with these statements. If you disagree please site the California Penal Code section and subsection that you site.


Asked on 10/26/10, 12:31 am

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

You're way off base in your understanding of the definition of "dirk or dagger."

According to all of the published cases on the subject, the term includes any sharp object that can be used as a stabbing weapon. All knives would fit that definition, as would some other common objects, such as scissors and knitting needles. Of course, grandma isn't going to be charged for carrying her knitting needles, yarn and a half-finished sweater, because it's clear she has them for an innocent purpose... but if you are stopped carrying one knitting needle and no other supplies, you have some trouble.

Penal Code �12020 specifically exempts pocket knives from the definition of "dirk or dagger," as long as they are folded in the closed position. It is illegal to carry an open pocket knife concealed on your person.

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Answered on 11/27/10, 11:43 am


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