califronia knife laws?

S

Sasuke13Uchiha

Joined
Jun 8, 2014
Messages
93
Mostly concerning blade length limit (if there is one) and if anyone knows a loophole to get something like a otf since companies usually dont ship directly to CA
 
California state law-

Manual folders carried openly or concealed in public- no blade length limit.

Fixed-blades carried openly in public- no blade length limit.

Autos carried in public or in a vehicle- blade must be under 2 inches long. (CA pc 17235, 21510)

Knives carried onto airport property- blade must be no longer than 4 inches. (CA pc 171.5)

Knives carried onto school property K-12 - blades must be no longer than 2.5 inches.(CA pc 626.10)

Knives carried on college campuses (public or private)- fixed-blades must have blades no longer than 2.5 inches. No limit on folder length. (CA pc 626.10)

Some cities/counties in California have their own blade length limits for public carry.

For example- In Los Angeles it is illegal to openly carry in public any knife with a blade 3 inches long or longer. But if a person is carrying a knife for legitimate work or recreational purposes, and can prove it, then they are exempt from this length restriction and may legally and openly carry any size blade they wish. The blade length limit in LA does not apply to manual folders that are carried concealed (LA is more restrictive of openly carried knives than concealed knives). The concealed carry of fixed-blades of any size is illegal in every part of California.

Is there a specific part of California that you would like to know about?

I live in San Diego, and there are no length limits here for public carry beyond state law.

As far as ordering auto knives, I believe there are companies that will ship such knives to California. I've read several times on this forum that BladHQ will ship autos to California.

Knife companies will often state on their websites that they won't ship a knife to California, but they might just be saying that to cover their butt's legally. It doesn't necessarily mean that they won't actually send you the knife. You have nothing to lose by placing an order (it's not illegal for California residents to order autos from out of state). Either they will fill the order or they won't. Just make sure it's a reputable company that you are ordering from so you can get a refund if they charge you but don't send the knife.
 
Last edited:
Legally, you can't ship a switchblade across state lines unless it's for military, LEO's, etc. It's considered a felony by the feds (USC, Title 15, chapter 29). Also their definition of "switchblade" also effectively covers gravity knives. You will need to buy the knife from within CA, make the knife within CA, or hope that the seller doesn't get noticed by the feds (FYI, federal LEO's do not have a sense of humor).
 
I live in san diego as well, killgar has is right. No real length limits. As far as autos, legal to own, not legal to buy sell trade or carry.
 
StraightEdgeEdc said:
I live in san diego as well, killgar has is right. No real length limits. As far as autos, legal to own, not legal to buy sell trade or carry.
Click to expand...

Hey there fellow San Diegan. Permit me to correct you on one point- It's not illegal to BUY a switchblade in California, even if the blade is 2" or longer.

Here is the California switchblade law (21510) word for word as taken from the official California legislative website-

"Every person who does any of the following with a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor:

(a) Possesses the knife in the passenger's or driver's area of any motor vehicle in any public place or place open to the public.

(b) Carries the knife upon the person.

(c) Sells, offers for sale, exposes for sale, loans, transfers, or gives the knife to any other person."

This is the current law and can be found here at California's official legislative website- http://leginfo.legislature.ca.gov/faces/codes.xhtml

The only risk in ordering a switchblade from out of state and having it shipped here is to the seller. And even then it's unlikely that the state of California would spend the money to try an expedite the seller from another state for a misdemeanor. Such an action would very well result in a costly court fight for the state of CA if the seller chose to fight extradition. And even if California won that fight, they (CA) would have to pay travel expenses to send cops to that state to pick the seller up, as well as pay travel expenses to get them all back to CA so the seller could be prosecuted in a California court.
 
Last edited:
Clang! said:
Legally, you can't ship a switchblade across state lines unless it's for military, LEO's, etc. It's considered a felony by the feds (USC, Title 15, chapter 29). Also their definition of "switchblade" also effectively covers gravity knives. You will need to buy the knife from within CA, make the knife within CA, or hope that the seller doesn't get noticed by the feds (FYI, federal LEO's do not have a sense of humor).
Click to expand...
My understanding is that federal law prohibits the shipping of switchblades anywhere through the US postal system. But that this federal law does not apply to shipping switchblades through a private shipping company like Fed Ex or UPS.

Private shipping companies often have their own rules against shipping knives, but they don't X-ray the packages, and their rules are not enforceable by any law.

Although Chapter 29 of the federal law does initially state that it is illegal to ship switchblades across state lines, further on down in Chapter 29 (section 1244) it provides exceptions to the prohibition on interstate shipping. Among other things, 1244 says that the prohibition shall not apply to- "Any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business".

In other words, it's legal to ship switchblades across state lines using Fed Ex, UPS, etc.

Of course, as always, when in doubt about the law, consult an attorney.
 
Last edited:
Clang! said:
Legally, you can't ship a switchblade across state lines unless it's for military, LEO's, etc. It's considered a felony by the feds (USC, Title 15, chapter 29). Also their definition of "switchblade" also effectively covers gravity knives. You will need to buy the knife from within CA, make the knife within CA, or hope that the seller doesn't get noticed by the feds (FYI, federal LEO's do not have a sense of humor).
Click to expand...

The law does not allow for the direct sale of autos to LEO or Military across state lines. It allows for the sale of autos across state lines to fulfill orders of autos by MILITARY supply representatives (or whatever the fancy word is) to fulfill a ordering contract. See exception 2 below. Nowhere in the law are LEOs or their representatives mentioned. AT ALL.


People just ASSUME that LEOs are a legal exception to this law. THEY ARE NOT. They are not even mentioned. Only the Armed Forces are specifically mentioned.

People also ASSUME, based on Exception 3, that Military can directly purchase autos across state lines. It does not say that. Purchasing is ONLY mentioned in Exception 2. Exception 3 is what makes it legal for a MILITARY person to "HAVE IN HIS/HER POSSESSION" an auto in specific US Territories or Possessions - to wit, Guam, Puerto Rico, US Virgin Islands, other US Possessions in Micronesia (Bikini Atoll, Enewetok Atoll, etc) and Indian Reservations.

In other words::

I, as an individual serving in the military, am not legally allowed to order an auto to be shipped across state lines.

I, acting in my capacity as the Supply Officer (or Army/Marine equivalent), for UNIT XYZ, AM allowed to order, under a military purchasing contract, any number of autos to be shipped across state lines.


15 U.S. Code § 1242 - Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty

Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.

15 U.S. Code § 1243 - - Manufacture, sale, or possession within specific jurisdictions; penalty
Whoever, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), manufactures, sells, or possesses any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.

15 U.S. Code § 1244 - Exceptions
Sections 1242 and 1243 of this title shall not apply to—
(1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;
(2) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces;

(3) the Armed Forces or any member or employee thereof acting in the performance of his duty;
(4) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or
(5) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife.


Exception 1 is what makes it legal for some common carrier, like UPS or FedEx or Jack's Hauling Company to take Who-Flung Knife Company's autos across state lines. The onus is on the people who "introduce or manufacture to introduce", not the carrier, since they are not supposed to open and inspect packages (allegedly) for what's in them. That's the loop hole the manufactures use get them to distributors.
 
Last edited:
zzyzzogeton said:
Exception 1 is what makes it legal for some common carrier, like UPS or FedEx or Jack's Hauling Company to take Who-Flung Knife Company's autos across state lines. The onus is on the people who "introduce or manufacture to introduce", not the carrier, since they are not supposed to open and inspect packages (allegedly) for what's in them. That's the loop hole the manufactures use get them to distributors.
Click to expand...

The short is: The person or entity sending the knife, or the private carrier (i.e. Slim's trucking) transporting the knife, are still breaking federal law by transporting it across state lines for commerce. They can get past inspections by using a common carrier, but it's still illegal.

Thinking about it, the only possible loophole would be if the final assembly step (blade to handle to mechanism) occurred in the destination state. I don't know how the Feds would handle that situation where the handle came from China, the blade from Japan, and the mechanism from the US.
 
Is it illegal to carry a push dagger in california.Iv been looking on the web for a while now and some people say yes and others say no,Maybe sombody here Knows.
 
Jammartikke said:
Is it illegal to carry a push dagger in california.Iv been looking on the web for a while now and some people say yes and others say no,Maybe sombody here Knows.
Click to expand...
There is nothing in the California penal code that says it is illegal to carry a push dagger, as long as it isn't carried concealed. Therefor, it is legal to openly carry a push dagger under CA state law. There is a law in California that forbids the concealed carry of "dirks and daggers" (CA pc 21310), but no prohibition on open carry.

And contrary to popular and mistaken belief, there is no law against carrying double-edged knives in California state law.

I have never seen any local laws in California that forbid the open carry of push daggers (but you should still check). Of course some counties/cities have blade length limits on knives carried openly. So if a push dagger has a blade longer than the legal limit, it would be illegal to carry it in that city/county.

Here is a link to California's official legislative website where the actual penal code can be found (as opposed to peoples opinions and individual interpretations)- http://leginfo.legislature.ca.gov/faces/codes.xhtml

If you go to that site, then click on the box that says "Text Search" (left side, middle of screen), then click the box next to "Penal Code" (bottom of center column), you can search California's penal code by entering any words you want into the search boxes (like "knife", "dagger", "blade", "push dagger", etc, etc).

As always, when in doubt about the law, consult a criminal defense attorney.
 
Last edited:
I have a question, is it legal to store a fixed blade knife inside a backpack or would it have to be on the outside?
fixed blade laws for Los Angeles county?
 
Rappy said:
I have a question, is it legal to store a fixed blade knife inside a backpack or would it have to be on the outside?
fixed blade laws for Los Angeles county?
Click to expand...
Here is a link to California penal code 21310 from California's official legislative website that is on point to your question, specifically, how the state of CA defines the illegal concealed carry of knives- http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=21310

Notice how it specifically says "carries concealed upon the person". My lawyer told me that this does not apply to knives carried inside of bags because they are not on your person.

It should also be noted that although 21310 specifically says "dirk or dagger", that ANY fixed-blade carried concealed is considered a "dirk or dagger" under that law regardless of it's design (CA penal code 16470 defines "dirks" and "daggers").

There is nothing in either the Los Angeles municipal code, or the Los Angeles county code that prohibits carrying a fixed-blade in a bag. Here is a link to the Los Angeles municipal code - http://www.amlegal.com/library/ca/losangeles.shtml/. And here is a link to the county code- http://www.lacounty.gov/wps/portal/lac/government/public/ (scroll down and click on "county codes").

It is illegal to carry a fixed-blade concealed upon your person anywhere in the state of California (including LA). It is illegal to openly carry ANY knife in LA if the blade is 3" long or longer (this includes carrying it attached to a bag). There are exceptions to the open carry blade length limit in LA- you can openly carry a blade 3" or longer in LA if you are doing so for legitimate work, or recreational purposes, and can prove it in a court of law.

It should be understood that even if it is technically legal to carry a fixed-blade in a bag, there is always the possibility that you might be arrested if a cop discovers the knife and chooses to arrest you because he doesn't know the law. But personally, I wouldn't have any worries carrying a fixed-blade inside a bag in Los Angeles.

I will also point out that a member of law enforcement does not have the legal right to search your bag without your consent (the 4th amendment of the US Constitution). The exception to this is something called "reasonable suspicion". What that means is, if you resemble the description of a criminal suspect believed to be in the area, the cops can stop and search you and your property. But the officers can't just search anyone they want and claim the person matched a suspects description, they have to be able to PROVE in court, to a judge, that there was in fact a suspect known to be in the area, and that you did in fact possess a reasonable resemblance to that suspect. Otherwise the search, the arrest, and any charges that resulted, would be thrown out of court on a 4th Amendment violation.

If the cops ASK YOUR PERMISSION to search your bag, it means that they do not have "reasonable suspicion", because if they did have "reasonable suspicion" they would just search your bag and not ask your permission. If the cops ask to search your bag, you have a constitutional right to say no, and there's nothing they can do about it. God bless America. If they say, "Well, if you don't give us permission we're going to have to keep you here until the drug dog arrives to sniff your bag", they are full of crap and just trying to bluff you into giving up your 4th Amendment rights. This is a common practice. If the cops detain you without "reasonable suspicion" they will be in violation of your 4th Amendment rights against unlawful seizure, and they can be sued (and sometimes they are, successfully so).

Know your rights. It's up to you if you choose to exercise them.

Something you can do if you feel inclined is make a printout of CA penal code 21310, as well as write down the links to both the LA muni codes and the LA county codes and carry them on your person. That way if a cop does stop you and for whatever reason discovers the knife, you can provide info to the officer that they can check to verify that you are not violating the law.

And if you are in doubt about anything I have posted here, I advise you to consult a criminal defense attorney on these matters. Of course that's not a bad idea even if you don't doubt what I have posted. :)
 
Last edited:
killgar said:
Here is a link to California penal code 21310 from California's official legislative website that is on point to your question, specifically, how the state of CA defines the illegal concealed carry of knives- http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=21310


It is illegal to carry a fixed-blade upon your person anywhere in the state of California (including LA). It is illegal to openly carry ANY knife openly in LA if the blade is 3" long or longer (this includes carrying it attached to a bag). There are exceptions to the open carry blade length limit in LA- you can openly carry a blade 3" or longer in LA if you are doing so for legitimate work, or recreational purposes, and can prove it in a court of law.
Click to expand...


Unless this was a recent change this year this is not true. Can you please point me in the direction of where it says this so I can confirm. Thanks.
 
Capt. Spaulding said:
Unless this was a recent change this year this is not true. Can you please point me in the direction of where it says this so I can confirm. Thanks.
Click to expand...
Sorry, I forgot to add the word "concealed". I'll correct it. Thanks for catching that.:)
 
Rappy said:
All of that information is very very helpful thank you so much!
Click to expand...
You're welcome.

And just for the sake of clarity, there are other instances where the cops can assert "reasonable suspicion". Like for example, if they suspect you of being actively involved in criminal activity. But as long as you aren't acting suspiciously (like lurking in peoples bushes, hanging out in a place where drugs are known to be sold, or anywhere that you have no legitimate reason to be (trespassing), ect, ect) then you shouldn't have to worry about falling under "reasonable suspicion".

Naturally, an actual lawyer can do a better job of thoroughly explaining the conditions under which a cop can legally search you on the street better than me because I'm no lawyer, and I don't pretend to be.
 
Hi, new member here. I live in San Jose (Santa Clara County), CA, and for ED SDC have both a 6" Cold Steel Ti-Lite and a Jim Wagner RBB folder with the 'pen' handle tip as opposed to the glass breaker. I've been told by different cops, and different knife owners, conflicting information regarding the legality of how to carry these, especially the ti-lite with it's large stiletto spear-point blade. Concealed? Open with the clip on pocket? One cop said it was illegal to carry period yet I couldn't find any law outright describing any one feature that would cause this to be the case. Could someone perhaps clarify things for me more concretely just to be sure? I can't seem to find any solid answers. Thank you!
 
VagabondWraith said:
Hi, new member here. I live in San Jose (Santa Clara County), CA, and for ED SDC have both a 6" Cold Steel Ti-Lite and a Jim Wagner RBB folder with the 'pen' handle tip as opposed to the glass breaker. I've been told by different cops, and different knife owners, conflicting information regarding the legality of how to carry these, especially the ti-lite with it's large stiletto spear-point blade. Concealed? Open with the clip on pocket? One cop said it was illegal to carry period yet I couldn't find any law outright describing any one feature that would cause this to be the case. Could someone perhaps clarify things for me more concretely just to be sure? I can't seem to find any solid answers. Thank you!
Click to expand...
As far as the state of California, here is a link to California's official legislative website- http://leginfo.legislature.ca.gov/faces/codes.xhtml If you click the "Text Search" box at the left of the screen it will take you to the websites search function. When you get to the search page, click the box next to "Penal Code" (bottom of center column), then you can search California's knife laws by entering any word you want into the search boxes ("knife", "blade", etc).

Or you can take my word for it that there is absolutely nothing illegal about either of the knives you mentioned under California law (I'm familiar with the Ti-Lite, but I had to look up the Wagner). California penal code 17235 explains why those knives are not illegal. Under California state law, you can carry either, or both of those knives, openly or concealed anywhere in public (but not on school property grades k-12. CA penal code 626.10). And it is illegal to carry any folder concealed in California if the blade is in the open position (CA penal codes 16470, 21310).

As far as San Jose, here is a link to the official San Jose government website- http://www.sanjoseca.gov If you place your cursor over the word "Government" under the picture banner, then click on "Municipal Code", you can find San Jose's municipal codes. San Jose's weapons laws can be found in "Title 10 Public Peace, Morals and Welfare". But it doesn't say anything about knives.

Since I couldn't find any knife laws specific to San Jose, this leads me to believe that like many cities and counties in California, that San Jose simply follows CA state law when it comes to knives. And like I said, under CA state law, there is nothing illegal about either of the knives you mentioned.

Personally, based on my inability to find any laws in San Jose that would make such knives illegal, I wouldn't have any problem carrying either, or both, of the knives you mentioned in San Jose. Either openly, or concealed.

As far as cops are concerned, they don't know every law on the books. Even lawyers have to look up laws sometimes, especially if it's a subject they aren't familiar with. And sometimes, a cop may tell you that a particular knife is illegal simply because THEY don't want you carrying it. Whatever the case, I don't recommend asking the cops what is or is not legal regarding knives, because if you believe them you might wind up denying yourself your legal rights without ever knowing it. Here's an idea- if a cop tells you that a knife is illegal, ask them to give you the specific penal code that says it's illegal, write it down, and look it up. And if they can't give you the specific penal code, then chances are they don't know what they are talking about.

And last but not least, if you have questions about the law and you can't find anyone you can trust to give you a correct answer, consult a local criminal defense attorney.
 
Last edited:
Thank you!
It's nice to get a more succinct opinion of someone other than just myself on the matter. After perusing state/municipal law I'm satisfied. I think I'll take your earlier advice and start carrying the state penal code sections regarding knives around with me. As for the cop that said it was illegal, he was an 'old school' cop with gray hair and a mustache (and a revolver). I'm guessing he just cringed at the thought of citizens carrying such a blade.
 
Last edited:
You must log in or register to reply here.
Back
Top