Legal Question in Criminal Law in California

Butterfly Knives in California

Hello,

I am interested in buying a butterfly knife, however in state of California, if they are 2'' in length or longer they are considered a switchblade or gravity knife and therefore are illegal to possess. However, section 653k is as follows;

''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.''

This makes no mention of the privacy of one's home. Does this mean that I could legally purchase a butterfly knife from another state where it is legal, have it shipped to me, and then keep it within my home at all times as a collector's item? Note: I do not have a collector's license, it is merely a hobby.

Thank you for your time.

-SMS


Asked on 5/21/09, 5:42 pm

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: Butterfly Knives in California

You are reading the statute correctly. Gravity knives, of any length, are illegal in public or a place held open to the public. You are allowed to have them at home as part of a personal collection, but they can not be removed from the home.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

Read more
Answered on 5/21/09, 5:48 pm


Related Questions & Answers

More Criminal Law questions and answers in California