Legal Question in Criminal Law in California

Butterfly knives fall within the definition of a switchblade. The statute does not provide an exception for knives that are not sharpened.

California Penal Code 653k

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.

For the purposes of this section, "switchblade knife" means a

knife having the appearance of a pocketknife and includes a

spring-blade knife, snap-blade knife, gravity knife or any other

similar type knife, the blade or blades of which are two or more

inches in length and which can be released automatically by a flick

of a button, pressure on the handle, flip of the wrist or other

mechanical device, or is released by the weight of the blade or by

any type of mechanism whatsoever. "Switchblade knife" does not

include a knife that opens with one hand utilizing thumb pressure

applied solely to the blade of the knife or a thumb stud attached to

the blade, provided that the knife has a detent or other mechanism

that provides resistance that must be overcome in opening the blade,

or that biases the blade back toward its closed position.

For purposes of this section, "passenger's or driver's area" means

that part of a motor vehicle which is designed to carry the driver

and passengers, including any interior compartment or space therein.