The Definition of a Switchblade in the State of California
California Penal Code Section 17235 provides that the term "switchblade knife" means "any knife having the appearance of a pocketknife that includes a blade and that is equipped with a spring-loaded mechanism by which the blade either flips out, is released from, or otherwise protrudes from the handle of the knife when the handle is pressed, and which, when so protruded, may lock into place . "Switchblade knife" does not include a folding knife for which the blade is released from the handle or guard by the force of gravity or by the application of downward pressure or centrifugal force applied to the blade, however temporarily, including a "gravity knife."
Overview of the Switchblade Statute
In the state of California, switchblades are governed by what is commonly referred to as California’s "switchblade statute." The switchblade statute is a specific provision of the state’s general prohibition governing all forms of concealed weapons. Titled the "Unlawful Carrying of Concealed Weapons in Vehicle," the statute broadly prohibits the carrying of any concealed weapon, including switchblades, on one’s person, in one’s personal belongings, or inside a vehicle’s passenger or driver compartment. However, the term "weapon" under the switchblade statute refers only to those weapons defined by another provision of the California Penal Code, specifically the "Concealed Dirk and Dagger" statute.
The Concealed Dirk and Dagger statute lists "dirks and daggers" as prohibited weapons. Switchblades that are two inches or longer in blade length fall into this category, as do "dirks," or double-edged knives, and "daggers," or knives with blades that are pointed and fixed in position by a crosspiece or guard. It should be noted, nonetheless, that while a knife may have a straight blade and come equipped with a locking mechanism, the knife is not classified as a dirk or dagger, so long as the blade is not double-edged.
Consequently, the switchblade statute effectively makes it illegal to possess switchblades with detachable blades and tangentially affects the legality of possessing folding knives, which do not fall under the jurisdiction of the switchblade statute, but are affected by the laws governing dirks and daggers. The one exception to the switchblade ban is possession of switchblades for purposes of shipment, sale, or manufacture; so long as these activities take place within the bounds of federal law, there is no California law that prohibits the shipment, sale, or manufacture of switchblades.
Except in the case of switchblades possessed in relation to lawful shipment, sale, or manufacture, the switchblade statute, as stated above, makes it a misdemeanor to carry a switchblade on one’s person, in his or her personal belongings, or inside a vehicle’s driver or passenger area. California’s switchblade statute further prohibits the transfer and import of switchblades without a permit and makes it a crime to sell, manufacture, or possess penknives with blades longer than 1.5 inches. In other words, while folding knives are not listed as prohibited weapons, the ban on switchblades and the ban on penknives effectively extends the scope of the law to cover folding knives whose blades measure longer than the aforementioned length. Violations of these laws are punishable by fines, imprisonment, or both.
Can You Carry a Switchblade Legally?
Generally, switchblades and other knives that can be opened with one hand (e.g., butterfly knives) are legal to carry in your car, place of business, or even on your person as long as the blade is less than 2 inches long. Identical blades greater than 2 inches in length, however, cannot be lawfully carried in the above mentioned areas unless you have a valid concealed carry permit issued pursuant to Penal Code 25400. A switchblade is unlawful to carry on your person without a CCW permit regardless of length, no matter where you are. A person may not possess a switchblade knife on his or her person, in a vehicle, or in a place open to the public unless he or she is authorized to possess such a weapon. An exception may exist for a validly licensed private investigator or private patrol operator.
Penalties of Illegal Possession
Owning or carrying an illegal switchblade is a misdemeanor offense punishable by up to six months in county jail and a fine of up to $1,000. Furthermore, if the switchblade is a weapon of mass destruction, the penalties are increased to a maximum of six months in jail and a fine of up to $10,000. If you are convicted for possession or use of a switchblade, you will also have a criminal record…. which is never a good thing. The criminal charges are now on your public record for others to see. Thus, making arrests harder to explain and red flags pop up on background checks. Even those charged with manufacturing switchblades can be prosecuted. California Penal Code Section 20810 prohibits the manufacturing, importation, selling, or distribution of switchblades. Doing so is punishable by two to four years in state prison, as well as a $50,000 fine.
Exceptions and Special Cases
However, the law does allow possession of switchblades with a blade that is less than two inches in length for those who are specifically exempted from the statute:
"The exceptions that control the possession of switchblades are [for]:
Any person who may legally possess switchblade knives pursuant to Section 17235 of the Revenue and Taxation Code or paragraph (4) of subdivision (a) of Section 20200 of the Fish and Game Code.
[…]
Any person whose employment is specifically exempted by Section 17235 of the Revenue and Taxation Code, or paragraph (4) of subdivision (a) of Section 20200 of the Fish and Game Code.
Any duly appointed peace officer of this state or any political subdivision thereof.
An honorably retired peace officer of this state or any of its political subdivisions who has been issued a valid , current guard card [pursuant to Penal Code 25850]."
Additionally, a switchblade may lawfully be possessed "open to the public in the course of lawful commercial activity" so long as it is not "carried upon the person."
As a result, switchblades may be carried in a sheath or on display at your business (if engaged in a lawful commercial activity) so long as they are not stored in a drawer or in any other place that is not "open to the public." Of course, these exceptions are not an excuse to carry or possess a switchblade unless you fall into one of the specified categories.
Comparison to other Knives
Much like switchblades, it is illegal to carry or possess dirk knives, daggers, cane swords and disguised knives in California. However, dirk knives, daggers, cane swords and disguised knives are not subject to the same storage and carry constraints as switchblades, nor do they have a 3-inch blade length restriction.
Dirks and daggers are defined under California Penal Code section 17235 as dagger or dirk knives that can be used as stabbing weapons and that can be used to inflict great bodily injury or death (regardless of intent to actually use the weapon to cause harm). Just like switchblades, dirks and daggers are also subject to the same concealed carry restrictions under California Penal Code section 21310. (A dirk or dagger is a concealed knife if the blade is exposed and visible, and the knife is carried on a person as concealable in nature).
Generally speaking, dirk and dagger knives are considered threatening weapons that are illegal to carry in public if they are both (1) capable of being open with use of one hand, and (2) the blade folds into the handle or the handle is "disguised" as another object, like a belt buckle/letter opener, cane sword, etc. A three-inch blade length restriction also applies to certain types of fully concealed dirk/dagger knives that are carried in public.
It is important to note that knife law enforcement and prosecution in California is largely based on subjective interpretations of knife types that vary from city to city, and undoubtedly from jurisdiction to jurisdiction. For example, while certain folding knives are prohibited by California Penal Code sections 17350 and 17355, they may not be treated as dirk/dagger and concealed switchblade knife violations if they do not meet the definitions provided above or do not meet the three-inch blade length requirement or if an officer does not consider the knife threatening enough. Switchblade and dirk/dagger knife control laws also do not apply if the knife related offense is committed in a private place.
Butterfly knives, also called balisong knives, are generally illegal to possess in California and are subject to the same concealed baton and dirk/dagger restrictions above under California Penal Code section 17232. California Penal Code section 6531 also prohibits the sale or delivery of butterfly knives.
Fighting knives/throwing knives, which are self-explanatory by their names, are also illegal to carry, possess or sell in California.
Legal Alternatives and Safe Practices
For those who appreciate the utility of knives, it is important to know that there are safe practices that we can adopt. Some of these practices are common sense, but they are worth repeating. You can always avoid the needless risk of prosecution by taking common safety practices. For example, do not use your knife as a screwdriver or pry bar. Also, do not use a knife in a manner for which it wasn’t designed. It goes without saying that you should never attempt to attack or threaten someone with a knife. If you do any of these things you could be charged with some form of assault or even attempted murder.
As for legal alternatives to switchblades, it is a good idea to consider these alternatives:
· Include an LED flashlight as part of your keychain. The light could provide enough illumination to disorient an attacker or to signal for help. It could also serve as useful light for many other purposes.
· For the self-defense weaponeers among us , consider using a non-lethal tool like a Telescoping Steel Escapade Baton.
· You might even want to carry a personal pepper spray device such as the industry standard, the Fox Labs 5.3 OC Pepper Spray (Triple Action), 2 oz. Stream Delivery.
· No discussion of legal alternatives to switchblades would be complete without mentioning that we live in the era of pocket-sized laser and electric tasers. If you consider these alternatives, please be advised that there are restrictions on the sale, purchase and transfer of laser and electric weapons, and it is illegal to ship them through the mail in California.
In addition to these recommendations, California knife enthusiasts should know that other types of knives are permissible under California law. Examples include, but are not limited to, the following: a folder blade knife, a stiletto knife, a hybrid knife and a samurai knife.