An Overview of Knife Laws in California
California knife laws are some of the most restrictive in the country. One of the few states where spring-assisted knives are considered switchblades (as determined by the California Supreme Court in 1981). Where most states pre-emptively attack the drawing of a knife in order to classify a knife as a "dirk or dagger", California does not. Where most states allow for the open carry of fixed blade knives, California bans such behavior in urban areas. Where one common perception of a dirk is a dagger , California classifies "dirk knives" as any "dirk, dagger,-or-fix-blade knife." Where most states set their dirk or dagger maximum blade length at 3 inches, California utilizes the more restrictive 2 1/2 inch enumerated length. And while many other states prohibit concealed carry of daggers and dirks, California has different prohibitions on concealed dirks (Nunchaku) and daggers (Flick knives), where are both classified as dirks and daggers, respectively. In short, California Knife laws are strict.
Restrictions on Legal Knife Length
While California requires a concealed carry permit for any knife with a blade longer than 2.5 inches, the same prohibition applies even for knives with blades of 2.5 inches or less if they are of a type that is prohibited by statute or regulations. These include any dirk or dagger, switchblade knives, and cane swords, all of which are defined under various California statutes. See, for example, PC 16470, 21510, 17732, and 20440. Thus, in California, while any point of sale will likely have items with blade lengths of less than 2.5 inches that cannot be carried concealed, some basic awareness of California law is still necessary to avoid problems from state or local police.
The maximum permissible blade length is deemed to be 2.5 inches under California Penal Code (PC) 12020. But no knife may be manufactured, imported, sold, given away, or possessed in California of any length that is not prohibited by statute or regulation. Factors which create an exception to the 2.5-inch limitation upon the concealed-carry ban include: (1) knives used in a legal sporting activity, including sword-hunting; (2) knives used solely in a push cart or kiosk; (3) knives used solely in a fixed location by employees of a fixed place of business, such as a restaurant or tavern; and (4) knives intended to be used for film, television, or stage production where the item is considered a prop. Certain knives are also permitted to be sold in California, under varying conditions, so long as there are warnings or instructions, or both, included with the product or provided with it.
Knife-Length Limits as They Relate to Carry Concealed
Knife length plays a part in determining if carrying a knife concealed in public will be considered legal or illegal in California. The Penal Code that deals with blade length, PC 16590, provides additional clarification to the PC that deals with the concealed carrying of knives generally. PC 16590 a states:
"Except as provided in subdivision (b), any person who carries concealed upon his or her person any dirk or dagger is guilty of a felony."
PC 16590 b clarifies that it is legal to carry a large knife, a dirk or dagger, if the knife is not concealable.
(b) Subdivision (a) does not apply to any person who carries a fixed-blade knife that has a blade of 5 1/2 inches or more in length if either of the following conditions exists:
(1) The knife is being used by the person solely for the purposes of navigation, surveying, auto mechanics, welding, metalworking, or any other trade, profession, or business that involves the use of a knife and during the course of the trade, profession, or business.
(2) The knife is carried in a sheath which covers the blade.
Carrying a fixed blade knife that has a blade of five and one half inches or greater is only legal in California if the conditions laid out in PC 16590 b above are met.
Penalties for People Who Break the Knife-Length Laws
As with nearly all criminal offenses, the consequences for violating knife length laws in California vary. Specifically, they depend on the nature of the knife in question (whether it is considered a deadly weapon), and whether an arrest was made and what the arresting officer thought about the type of knife you had on your person. Without a doubt, most knives that are prohibited per California law will result in a misdemeanor charge. However, California law also allows for the issuing of felony charges if a defendant used said knife to commit a felony crime. Since the use of a deadly weapon is almost always considered a felony, the penalties for felony use of a knife would likely be severe if the defendant were to be found guilty. The most likely penalty for someone who is charged with a misdemeanor for carrying a knife openly or concealed without a permit will be probation (often with fines) and potentially jail time, although only a maximum of 6 months —unless it was deemed by the arresting officer to be a deadly weapon. In those cases, if convicted, the offender may be asked to spend 2 to 3 years in state prison, and thus knows about 4 different sentences (one for the original crime, and then expected time off for good behavior, plus a 1/3 reduction in the sentence for any time actually served in a California State Prison).
Knife Exceptions and Special Cases
California law permits a few exceptions to the prohibition against carrying a "dirk or dagger." The Criminal Code states there are some circumstances in which it will be legal to carry an otherwise illegal knife.
1. Orocarina Exemptions – Music and Culture
The exemptions to section 17310 provide that knives not covered by section 17310 are readily distinguishable as being solely related to music or cultural activities and which meet "California State Standards … shall not be prohibited…." The section specifies that knives designed as part of art and cultural expression that are intended for games (i.e. football) and traditional weapons for cultural performance and dance are allowed:
(a) Knives listed below with a blade no longer than 4 inches in length being worn or carried by a person 18 years of age or older during participation in a dance or an artistic performance for observance of a traditional or cultural festival:
- (1) A knife designed as the hilt of an orocarina.
- (2) A knife designed as the hilt of a tawada (Whangara Taiaha).
- (3) A knife designed as the hilt of a khukuri.
- Tools and Work Equipment
A folding knife with a blade less than 2 , " a utility knife, or a leatherman, safety knife, carpet knife, carpet pull knife, or linoleum knife, even if it has a lockable blade, are exempt from the ban on carry knives.
It is important to remember that this exception does not apply if the weapon conceivably could be used as a dangerous weapon. A folding knife with a 2 inch blade is illegal in California, so by extension a folding knife with a 3 inch blade could be used to stab someone, particularly if the prongs of a folding knife were opened prior to stabbing someone.
3. Permits for Dirks and Daggers
When the need to carry a knife arises from business or trade that requires the carrying of knives, a dirk or dagger may be legal. The key to this exemption is the authorization required from your employer and/or including the knife in the permit to carry a concealed weapon.
Practical Tips for Legal Knife Owners
Armed with the right information on the legality of knife length in California and some of the more common exceptions to the law, knife owners can rest easy that they are complying with state law. The question that most knife owners are likely asking themselves – and rightfully so – is how to know if your knife is under the legal knife length. One of the most important pieces of advice for knife owners in California is to make sure they have the right tools for the job to measure their knife’s legal length. A ruler or measuring tape, the likes of which typically exists in many kitchen drawers, are fine tools when determining the length of a knife. It’s important, however, that knife owners do not pull out their smartphones and use the calculator or other measuring tools found in a typical smartphone. The measurements given on these devices are not accurate or precise enough to ensure that the knife is within the legal limit, and as such, can leave an owner more open to potential liability under California’s knife laws. Another important piece of advice to keep in mind is to always measure the knife as it was intended to be used. For example, a sword is typically a weapon rather than a tool and should be measured as such. Additionally, a knife that resembles another knife in form or function, such as those commonly used in kitchens, is considered to be within the bounds of the statute’s applicability. If you’re in doubt about whether a knife violates any of the prohibitions on different types of knives in California, it’s best to consult first with a knowledgeable knife rights lawyer in California.
California Knife Laws Compared with Other States
With a few exceptions, California’s legal knife length laws are quite different compared to many other states in the U.S. Just a handful of states, for example, impose blade-length restrictions on all knives. Many allow carry of knives of any blade length, but prohibit more common types of knives like fixed blade knives, switchblades, large folding knives, dirks and daggers. And some, like California, have no restrictions at all on any knives.
In fact, Alaska, Connecticut, New Mexico, Montana and Vermont, do not restrict any knives at all.
The following is a quick summary of how California’s laws compare with its U.S. counterparts.
Alaska Knife Laws:
No state knife laws (except for criminal use of a weapon). No limitations on blade length or type of knife are imposed.
Arizona Knife Laws:
No blade length restriction (except for criminal use of a weapon). As to knife type, the following non-locking folding knives that "don’t have a folding or retractable blade" are allowed. Per Arizona law , the phrase "does not include any folding knife with a locking blade." All other knives are subject to a 4-inch blade restriction.
Arkansas Knife Laws:
No blade length restriction. All knife types can be carried openly or concealed (but concealed is prohibited in these locations only: government property, schools, secured facilities, housing authority facilities, at a public school athletic event, in the facility or on the grounds of a public primary or secondary school, etc.). Concealed carry of a "dagger, dirk, knife or razor" is prohibited.
New Mexico Knife Laws:
No blade length limitation (except for criminal use of a weapon). Any knife type can be used in self-defense against an aggressor.
Oregon Knife Laws:
A knife is illegal for the purpose of "intimidating, threatening or injuring a person," or in the commission of a crime. Concealed carry of a "dirk, dagger, sword cane, dirk knife, trench knife, throwing star, stiletto or bowie knife" is prohibited. Concealed carry of a "pocket knife" with a blade length exceeding 4 inches is a Class B misdemeanor.
Texas Knife Laws:
No blade length restriction, although a knife used as a "weapon" is prohibited. No types of knives are prohibited except for the following.