Knife Laws in California: A Rundown
Knife carrying laws in California are generally determined by state law. Both the Sixth and Nine Circuit Courts of Appeals, however, have limited federal preemption over knives at least as to ordinary folding knives (i.e., non-switchblade, non-kbar knives) in California. The preemption analysis on knives in California is also discussed in our article Preemption of California and Federal Knife Laws.
As with many areas of the law, Knife Carrying laws are governed generally by California Penal Code § 12020. Section 12020 declares that a person carries a knife when "on his or her person . " "On his or her person" means carried on an individual person regardless if the individual is into his possession, such as in a purse, or backpack.
California courts do not require the State to prove that a particular knife was usable or functional to meet the definition of "dirk," "dagger," or "stiletto," meaning any blade that can be used primarily as a stabbing weapon will generally qualify as a dirk, dagger, or stiletto.
As of the date of this post, no new laws have been proposed or adopted to regulate the above described conduct.
Legal Knives You Can Carry
The types of knives that you can effectively and legally carry on your person in California are as follows: folding knives of any blade length; fixed-blade knives with a blade length of 2.5 inches or less; lockblade knives with a blade length of 2 inches or less (with the blade in the folded position); non-metal knives with a 2.5 inch or less blade; two-inch sheathed knives; serrated knives; bayonets; and straight razors.
Knives You Can’t Carry and Places You Can’t Carry Them
Certain knives are restricted or outright illegal to carry in California. Additionally, there are several locations where no knife may be carried. Some knives are considered illegal knives (see above), but there are also some knife types that may not be carried, regardless of their size. The following are among the illegal types of knives:
One important exception is that it is legal to openly carry a folding knife that has a blade longer than two inches if it is not specifically listed above among the category of knives banned. Carry of knives is prohibited in the following locations: It is important to note that prohibition on knives in the above places is for the purpose of entering those buildings and is separate from any other prohibitions. Can I be charged with a criminal violation if I carry a knife in a prohibited location? Absolutely. Even if the knife you carry is perfectly legal to carry on its own, you may still be subject to criminal liabilities if you carry that knife in certain locations.
Open vs. Concealed Knives: Know the Law
In general, knife laws in California refer to the concealment of a knife. This provides some differentiation from the law as it applies to firearms, where carrying a firearm is divided into concealed carry and open carry, and different regulations apply to each.
Concealed Carry of Knives is generally prohibited. One exception is a concealed folding knife with a blade under 2.5 inches, which is not regulated under California knife laws if all other laws are followed. Concealed fixed-blade knives of any size are illegal, with the exception of folder knives for use by scouts or other children.
Open Carry of Knives remains legal, with some restrictions. The most relevant requirements are that the blade remain exposed so that it can be seen by another person and that it be sheathed. This sheathing requirement is not only for large fixed blade knives (such as swords) or larger folding knives (such as buck knives or large combat knives), but also for smaller knives. Some people have found themselves cited for failure to sheath a pocket knife.
Some cities and counties do impose restrictions on open carrying of knives. Although they vary, a few examples include Santa Ana, San Francisco, and Los Angeles County.
Consequences for Breaking the Laws on Carrying Knives
Violating California’s knife carry laws carries serious penalties. Knife possession in California is usually treated as a misdemeanor, punishable by time in county jail and/or a fine of up to $1,000. The exception is a felony charge of illegal knife possession (regardless of the type of knife) under Penal Code 12020. That felony charge can result in 16 months, 2 or 3 years of imprisonment, and/or a fine of up to $10,000. Because this is the maximum penalty, most cases will end in less harsh consequences if you can avoid a felony conviction altogether . Knife-possession charges, however, may be elevated to a felony charge if you have prior felony convictions or an existing criminal record.
If you are charged with or convicted of a knife-related offense, it’s highly recommended that you seek legal counsel. As with most crimes, the best way to avoid a conviction and lessen or avoid penalties is to hire a qualified attorney who can present the facts of your case and find any possible defense strategies.
Best Practices: Tips for Carrying Knives
When carrying a knife in California, it is essential to do so in a responsible and lawful manner. To ensure compliance with California law, as well as to prioritize safety, here are some best practices to keep in mind:
Educate Yourself: Familiarize yourself with the specific laws regarding knife carry in your county, city, and the state as a whole. Knife laws can vary significantly, and understanding the regulations that apply to your particular situation is crucial.
Choose the Right Knife: Select a knife that is appropriate for your intended use and one that complies with California’s knife carry laws. If you’re not sure whether the knife you own is legal to carry, consult with an attorney or local law enforcement for guidance.
Always Secure Your Knife: When not in use, or when you’re in public areas where knives are prohibited, ensure that your knife is securely stored in a sheath or protective case, or locked up at home. Keep weapons out of reach of children and pets.
Carry for a Purpose: Understanding that you are potentially subject to a heightened level of scrutiny when carrying a knife openly or concealed, make sure you carry the knife for a legitimate purpose, such as camping, fishing, or other hobbies. This will help to justify your possession of the knife should you ever be questioned by police.
Keep Up with Knife Laws: Knife laws in California can change frequently and can be a topic of debate among law enforcement, legislators, and citizens. To stay current on any revision to the law, make yourself aware of any legislative proposals to combat perceived crime trends, as a new law potentially can restrict your knife carry rights.
Knife Laws in California: Recent Developments
In recent years, California knife laws have undergone a series of shifts and amendments that reflect changing attitudes and practices around blade possessions. As knives have become part of larger conversations around self-defense, public safety, and concealed carry in California, they have also increasingly been implicated in various legislative discussions of those same issues.
This broader context is essential for understanding what has transpired over the past year, which can be traced back to AB 144, a bill signed into law by Governor Jerry Brown in 2011. This legislation took aim at knife-belt clips – or "clothing knives" – and forbade these devices if the clip itself was not visible. It did so by amending Section 17235 of the Penal Code (the definition for "dirk or dagger") in the following way:
"Dirk or dagger" includes any dirk, dagger, or other pointed or edged object that is carried with the intent to cause injury or death. A "dirk or dagger" is a straight-th edged or "fighting" knife that can inflict a penetrating wound or stab and this includes a sword, stiletto, bouie, dagger, and "clothing knife", which is defined by the statute as a knife with a fixed blade of 2 1/2 inches or more. (Emphasis added.)
While AB 144 made clear that knife-belt clips would be considered dirks and daggers under California law, causing them to be excluded from open carry practices, the resulting impact of this legislation was unprecedented. Suddenly, carrying a blade through an airport to check in your luggage was illegal, since that blade would be clipped to your belt . But it was rarely, if ever, enforced, in airports, as the laws regarding "dirks and daggers" had previously been the sole jurisdiction of police officers.
However, with Assembly Bill 1047, signed into law by Governor Jerry Brown in September, that all changed. Now classified as a violation of California’s "dirk and dagger" code, transgressors face up to one year in county jail and/or a fine of $1,000. Citing California’s new statewide ban on dirks and daggers, travelers in July recently found themselves caught up in a new security crackdown at LAX airport. A number of blades were confiscated at baggage claim, and the officers involved were apprehensive about the laws governing California’s dirk and dagger rulings.
This heightened scrutiny under the law may make the even smaller, less intimidating knife-belt clips a target of enforcement efforts that were previously largely limited to traveling with fixed-blade knives. While such measures may seem extreme, the fact that they were applied in a major international airport points to a growing awareness of knife laws that make it illegal to carry a knife of even the smallest size concealed.
The bottom line? Knife carriers have better avoid carrying knives with a blade length of more than 2.5 inches, in order to steer clear of potential run-ins with law enforcement officers. The penalties for owning a dirk or dagger are already severe under California law, and recent changes point to a future where even the minimal effort of concealing a knife – a behavior previously treated with a degree of leniency – will be punished as such.
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