1. Definition and Elements of the Crime
Because of how easily they can be concealed, switchblade knives are considered to be highly effective weapons. As a result, carrying a switchblade on one’s person or in one’s vehicle or offering to sell or provide a switchblade to another person is a criminal offense under California Penal Code Section 21510 PC.
To prove that a defendant is guilty of carrying or providing a switchblade, the prosecutor must be able to establish the following elements:
- The defendant possessed or offered to sell or provide a switchblade knife
- The blade of the knife was two or more inches long
- The defendant did this knowingly
- AND the defendant knew that the knife had the characteristics of a switchblade.
A switchblade knife is defined as a knife that looks like a pocketknife and has a blade that 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 any other mechanism. Spring-blade knives, snap-blade knives, gravity knives and butterfly knives are all considered switchblades under the statute.
A 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, if the knife has a divot or other mechanism that provides resistance and makes it difficult to open or close the blade quickly.
The defendant does not have to intend that the switchblade be used as a weapon in order to be guilty of this offense.
2. Related Offenses
Other similar or related offenses include:
- Manufacturing, Selling or Possessing Dangerous Weapons - California Penal Code Section 16590 PC
- Carrying a Concealed Dirk or Dagger - California Penal Code Section 21310 PC
- Brandishing a Weapon – California Penal Code Section 417 PC
- Assault with a Deadly Weapon – California Penal Code Section 245(a)(1) PC
3. Examples
A man buys a spring-loaded knife that opens automatically when he presses a button. The blade is over two inches long and the man keeps the knife in his automobile. The man could be prosecuted for carrying a switchblade in violation of California Penal Code Section 21510 PC.
In another example, a man carries a fishing knife on him that folds in and can be concealed. While the swinging mechanism of the blade is stopped by a divot in the blade, the knife can be opened quickly with a strong flick of the wrist. This man would not be guilty under California Penal Code Section 21510 PC because even though the knife is capable of being quickly flipped open, it does contain a mechanism that keeps it closed and is exempt under the law.
4. Defenses to Carrying a Switchblade
If the knife in question does not meet the statutory definition of a switchblade, the defendant could not be prosecuted for this offense. Additionally, if the defendant did not know that he or she was carrying a switchblade, he or she would not be criminally liable under the statute.
If the switchblade was found during an illegal search and/or seizure, the defendant may be able to challenge whether the officer had sufficient probable cause to search the defendant or seize the knife. If successful, the switchblade would be suppressed and the prosecutor would be unable to proceed.
5. Penalties
Carrying a switchblade knife is a misdemeanor offense that is punishable by up to six months in jail, a $1,000 fine, forfeiture of the switchblade and any other conditions of probation that a judge may deem appropriate.
6. Criminal Defense for Carrying a Switchblade Cases
If you have been charged with carrying a switchblade, it is crucial that you speak with a Los Angeles Criminal Defense Attorney immediately. Los Angeles Criminal Defense Lawyer Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who knows how to effectively defend people charged with weapons offenses. Mr. Kraut is highly respected throughout the court system as a tough litigator who possesses a deep knowledge of law and procedure. Mr. Kraut works hard to ensure his clients receive the best defense possible.
For more information about carrying a switchblade, and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney Michael Kraut at the located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.
FAQs
Because of how easily they can be concealed, switchblade knives are considered to be highly effective weapons. As a result, carrying a switchblade on one's person or in one's vehicle or offering to sell or provide a switchblade to another person is a criminal offense under California Penal Code Section 21510 PC.
What is the penalty for carrying a switchblade in California? ›
Under California Penal Code 21510, possession of a switchblade is a misdemeanor and its penalties are up to 6 months in county jail and/or up to a $1,000 fine. Penalties may vary for the possession of other restricted knives.
What is the penal code 21510 in California? ›
21510. 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.
What classifies as a switchblade? ›
California Penal Code Section 17235 legally describes a "switchblade knife" as a knife with an appearance of a pocketknife with a blade two or more inches that can be released automatically with a flick of a button, pressure on the handle, or just a flip of the wrist.
How big of a knife can you carry in California? ›
Bottom Line on California Knife Laws
No concealed carry of knives with blades over 2 inches. Only pocket knives, not fixed blades, can be carried concealed. Open carry of fixed blades on your belt is legal if less than 5 inches. Switchblades, daggers, cane swords, and other exotic knives are illegal.
Is 21510 PC a felony? ›
A conviction for violating PC 21510 is a misdemeanor crime that carries up to six months in jail and a fine.
Are switchblades still illegal in California? ›
In California, switchblades with blades of two inches or longer are illegal. Fixed-blade knives with blades of two-and-a-half inches or longer are illegal on college/university/school premises. Plus any knife with a blade longer than four inches is illegal in a public building.
What is the penal code 215 in California? ›
California Penal Code 215 PC describes the felony crime of carjacking as taking a motor vehicle from someone using force or fear. Under this statue, using “force or fear” means one must actually inflict physical force, or make threats to cause harm on the victim.
Can I carry a fixed blade knife in California? ›
Any fixed blade knife can be a “dirk or dagger” under California law and should be carried openly in a sheath suspended from the waist. Various knives disguised as other objects are prohibited. (See Restricted Knives below.)
What is the penal code for spring loaded knife? ›
A man buys a spring-loaded knife that opens automatically when he presses a button. The blade is over two inches long and the man keeps the knife in his automobile. The man could be prosecuted for carrying a switchblade in violation of California Penal Code Section 21510 PC.
California Regulations For Switchblades
In California, it is legal to buy, have, and carry a switchblade. However, there are some restrictions in place: The blade must be less than 2 inches long. This ensures that the switchblade cannot be used as a weapon.
Why switchblades are illegal? ›
Switchblade knives are outlawed in most jurisdictions. It goes back to the 1950s and 1960s when street thugs used switchblade knives. They made switchblade knives illegal and street thugs started using guns more often.
Is a switchblade the same as a knife? ›
Technically, a switchblade IS a pocket knife… The term switchblade refers to a folding knife that opens with the push of a button or flip of a switch.
Can I carry a 4 inch folding knife in California? ›
If a folding knife is openly carried in an extended and locked position (ie: if it's unfolded), then it becomes a dirk or dagger and must be carried in a sheath on the waistband. California allows people to carry folding knives of all sizes, but switchblades must have a blade that is 2 inches or less.
Can you carry a knife in a backpack in California? ›
On the other hand, pursuant to California Penal Code Section 21310, some knives must be carried in plain view. This means that they cannot be carried in public while being stowed away in a pocket, purse, backpack, or other bag. Instead, they can only be worn on the carrier's waist in a sheath.
Can I carry a knife while hiking in California? ›
Because California is an “open carry” state, you can take some knives along with you as long as you position them in a certain way. To be more specific, you will need a sheath and then place the knife in question inside that sheath.
Is an assisted opening knife a switchblade in California? ›
A spring assisted knife is legal in California as long as it “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 ...
What makes a switchblade illegal? ›
California knife laws get special attention because of their restriction on automatic knives with blades longer than two inches. Most companies who make autos make a CA-legal variant, like the Kershaw Launch 4, the Pro-Tech Runt series, the Microtech Exocet, and others.
Can I carry a knife for self defense California? ›
Folding Knives: With the exception of switchblades (which are illegal), folding knives such as Swiss army knives, pocket knives, and box cutters are legal to carry. However, they must be in a closed position when carried in public. Personal Alarms: California has no restrictions on possessing or using personal alarms.
