An Overview of Knife Laws in California
California law does not impose any broad knife prohibitions in its Penal Code. Although the state regulates certain knives, most knives are legal to possess. What is illegal are a few types of knives, and also the use of knives or any object as a weapon. There are many different types of knives, but descriptions generally fall into two categories: folding knives and fixed (non-folding) knives. Daggers are fixed knives. California law describes certain knives wherein a folding knife is exempt from being a prohibited knife. This means that folding knives are not illegal. However, if the folding knife is defined as a prohibited knife, other than a dagger, the folding knife is not legal. Dagger means and includes any knife or other instrument with or without a hand guard that is capable of ready use as a stabbing weapon which may inflict great bodily injury or death . It includes any dirk or stiletto and includes any knife with a blade that is fixed and is more than 4 inches in length or a folding knife for which the blade length is 3 inches in length or more. A switchblade having a blade of two inches or more that is spring-loaded and releases from the handle when the handle is pressed or otherwise depressed, and is capable of being used as a stabbing weapon, is also considered a dagger unless it meets certain requirements for exemption. As explained above, a folding knife that has a blade less than three inches long is not a dagger. However, it still may not be legal to carry a dagger within California if your dagger is a prohibited knife. Therefore, even though two knives may be identical, one may be illegal to possess while the other remains lawful.
What Constitutes a Dagger?
Defining a Dagger under California Law
The law does not specifically define a "dagger," but instead states that it has "a very specific function — that of stabbing or piercing." Under California Penal Code 17235, any knife with a blade longer than 2.5 inches where the blade is positioned parallel to the handle and locked in place by a ‘flipping’ motion is considered a dagger. To see if a knife is a dagger, California courts look at how easy or difficult it is to conceal, whether the blade is double edged, and whether it has a hilt.
This definition differs from the dagger definition in PC 21710. The outward appearance of a "dagger" under California law is different than what most of us think of as a dagger. What most of us call a dagger, such as the curved "scimitar" or "banshee" knives, are not illegal to possess. Daggers are a subclass of knives, all of which are generally prohibited. daggers are allowed but only with a concealed carry permit.
California Penal Code 17700 criminalizes carrying dirks and daggers concealed on the person, with minor exceptions. PC 17310 defines dirks and daggers more narrowly, as knives with a fixed blade that are not folding knives. A key aspect of the definition of a dagger under California law is that it must be double-edged, with a sharpened point that is designed for piercing wounds.
However, dagger and dirk knife criminal statutes have been found unconstitutional by the courts. In the case People v. Rister from 1996, the Fourth District Court of Appeal in People v. Rister, held that using daggers and dirks as a basis for an enhanced sentence was unconstitutional because the statute was unconstitutionally vague.
PC 17310 defines a dirk or dagger, as "knife with a blade length of more than 5.5 inches, any fixed blade knife." Further, PC 17311 defines a "Dirk" as "any knife or other instrument with or without a handguard that is capable of ready deployment and use as a stabbing weapon that may inflict great bodily injury or death."
The law essentially prohibits the carrying of any "blade knife or other instrument with or without a handguard that is capable of ready deployment and use as a stabbing weapon that may inflict great bodily injury or death" as a dagger. If the blade is less than 5.5 inches, it can be used as a dirk or dagger only if the person illegally deploys it."
It is important to note that daggers and dirks are different from other types of knives. In the past, we’ve pointed out that stiletto knives and balisong knives are not really daggers or dirks, and so are not prohibited as such under California law.
Are Daggers Legal to Own?
In California, the law classifies daggers as dirks. In general, daggers are legal to possess, however, permits may be needed to carry a dagger. The most common permit needed would be a concealed weapon permit. It should be noted that the "carry" in "carry a dagger" refers to daggers that are carried on one’s person (as in, on your person). Daggers that are not carried on one’s person are not affected by California laws. The most common of these for example would be a dagger that is on a sword.
California Penal Code 21310 PC makes it a crime to carry a concealed dirk or dagger. A dirk/dagger is a knife with a blade that is either fixed or foldable. The deadly weapon must be specifically designed to use as a stabbing weapon. If you were found concealing a knife used for stabbing (this is obvious, because most knife scabbards would be used for stabbing), while on your person, that could very well be a violation of California Penal Code Section 21310 PC.
To be found guilty of this offense under California Penal Code 21310 PC, the prosecutor would have to prove 5 different things beyond a reasonable doubt:
If you have been charged with carrying a dirk or dagger, your best chances at beating the charge are if the prosecutor cannot prove all five of the above elements beyond a reasonable doubt.
Can You Carry a Dagger?
Daggers may be any of the following:
In California, it is illegal to carry daggers in any public place or in a vehicle, even if they are sheathed.
The law prohibits carrying dirks and daggers because they can easily be used for stabbing a person. A dirk or dagger can be any "fixed blade knife that is capable of ready use as a stabbing weapon." This means that its blade must be capable of being used for stabbing and must not require any preparation to stab a person. Thus, a knife like a traditional stiletto (fixed hilt and blade, but with a spring) could technically fall under this law.
However, some 2nd degree knife laws are difficult to enforce, as they allow for a defense if the defendant can show he or she was carrying the knife for other lawful purposes, such as entomology.
Penalties for carrying a dirk or dagger are fines of up to $1,000, imprisonment for up to one year in county jail, or both. However, if neither defense to carrying a dirk or dagger is available, a person charged with this crime may be eligible for diversion, which allows for a dismissal if you do not commit further crimes within the next 12 months.
Exemptions and Special Circumstances
As previously mentioned, there are exceptions to the general rules. For example, knives carried for use in historical reenactments may be considered legal to carry openly. That said, the knife must be used solely for the purpose of historical reenactments and kept under supervision at all times so that it cannot be used to harm another person .
Another possible exception to the general rule is if the dagger or dagger-like knife is carried in a sheath suspended from the waist, and the sheath is worn openly. If a dagger is carried in such a way, it may not qualify as a dirk or dagger. California courts opine that knives or other weapons are not considered concealed if they are carried in such a way that they are immediately discernible by a casual observer.
Criminal Penalties for Violations
It is a misdemeanor to possess any type of dagger; market price or estimated value is not a defense. If convicted, you could face up to six months in county jail and a fine of $1,000.
You could be charged with a felony if the alleged incarceration aggravating factors apply. These include prior convictions within the last five years, carrying a concealed dagger on your person when arrested on a separate felony charge, or using the weapon against another person; this includes someone other than yourself. This type of conviction is a "wobbler," which may be filed as either a felony or a misdemeanor. If convicted, you can face 16 months, two years, or three years in jail, dependent on the evidence.
California Restrictions Compared to Other State Laws
Comparing Dagger Laws in Other States
As this blog has demonstrated, California law surrounding daggers is confusing and riddled with exceptions and exceptions to exceptions. In order to gain a better understanding of the legality of daggers in California, it is useful to understand how California’s dagger laws compare to those of other states.
In many states "dagger" is clearly defined. Most states define a dagger as a knife with at least a six inch blade with a hilt long enough to accommodate a second hand. California’s vague definition of daggers provides the clearest statutory definition of a dagger of any state. However, in most states, if a dagger is illegal it is illegal to carry weapons with similar characteristics regardless of whether a weapon meets the statutory definition of a dagger.
In Texas, a dagger is defined as "a small, knife-like weapon with two or more sharp edges and a point on the end designed or adapted for the purpose of inflicting serious bodily injury and that is capable of being carried in a concealed manner." Therefore , in Texas a Knife similar to a dagger with one sharp edge would not be illegal. Thus Texas law focuses less on the model of the weapon and more on the functional design of the weapon.
In Florida any knife capable of being opened with one hand and with a blade five inches or longer is classified as a dagger. Like Texas law, Florida law only prohibits knives that have certain functional characteristics rather than classifying a specific model as a dagger. Thus even though daggers are explicitly prohibited in Florida, it is legal to carry a karambit or balisong as long as the blade is at least five inches long because neither of these knives can be opened with one hand.
During the last legislative session, North Carolina lawmakers introduced House Bill 173 that would have excluded any "dagger" made from medieval weaponry such as that is held or transformed by an artisan into a work of art. Lawmakers introduced the bill to protect the craftsman and performers at North Carolina Renaissance Fairs. To many fans of daggers or anyone that loves fandoms, this exception may seem absurdly specific and trivial. Yet it typifies the complexity and absurdity of dagger-related laws and exceptions to these laws.