The Basics of Self-Defense Laws in California
California’s self-defense laws are found in Penal Code 197 PC through Penal Code 199 PC. Self-defense is authorized, in the abstract, but its execution must be reasonable and justified under the circumstances for it to avail to the defendant. This generally means that the force used must match the force from which the defendant is defending himself or herself and must be directed only at persons posing a real threat of death or great bodily injury to the person defending themselves. Otherwise, the actor can be charged with an assault or a homicide .
Where a gun or another weapon is brandished or displayed in a manner that intentionally frightens the apparent perceiver, the act is considered an assault and is prohibited even if it is not charged as such. It is fundamental to a self-defense claim that the actor intend to protect himself or herself from death or great bodily injury. Defensive acts must therefore be limited to acts that are objectively reasonable under the circumstances to meet the threshold requirement of justifying a forceful response with such weapons as guns, knives, and batons. Only then may they properly be included in California’s list of self-defense weapons, namely firearms, knives, wooden sticks, and other tools designed to cause death or great bodily injury.
Weapons You Can Legally Use to Defend Yourself
California Penal Code 22010 lists a variety of self-defense weapons as legal for use in California including:
Pepper spray (PC 12403.7; 12552)
Mace
Tear gas
Tear-gas repellent spray
Tear gas gun
Tear-gas projector
An object which may be used as a projectile or a weapon to dispense any of the above
Any of these items may be sold, either over the counter or online, as long as they comply with certain state requirements. Stickers showing the items in English and Spanish warning the user of their use and possible dangers must be adhered to the container of the item. The instructions that come with the device or weapon must clearly indicate its proper and safe use. Finally, many of these weapons also have maximum or minimum age requirements for their purchase or sale.
However, other self-defense weapons are illegal to use or possess in California:
BB Gun (PC 12403(a))
Ballistic knife (PC 17235)
Blowgun (PC 17200)
Dirk and dagger (PC 21110)
Folding knife containing a blade longer than 4 inches (PC 17235)
Gravity knife (PC 20510)
Metal knuckles (PC 21110)
Nunchaku (PC 16300)
Numchucks (PC 16310)
Knife with a switch blade (PC 21510)
Shuriken, throwing star (PC 22410, 22500)
If you are interested in using or purchasing a self-defense weapon but are not sure which ones are permitted in California, speak with a legal professional in your area.
Weapons You Cannot Legally Use to Defend Yourself
Not all weapons that people use for self-defense are legal. Some common items that are either prohibited entirely or restricted from civilian use include firearms, stun guns, knives, and other dangerous weapons.
Firearms. California law classifies firearms as either rifles, shotguns, or handguns, which may be revolvers – with a center cylinder that revolves around a center pin – or automatics – with a chamber that is automatically loaded – handguns. All firearms must be registered.
Stun Guns. These devices send an electrical charge that can be used to stop an attacker temporarily. Although commonly available, state law prohibits their use if the person knows or should know that his conduct may result in physical injury to another. They are also banned under certain conditions, including when used against certain protected groups such as women, police officers, firefighters, and other public employees. They cannot be sold to minors.
Knives. While many types of knives are legal, including folding knives, dirks and daggers (a dirk is a large knife) are specifically forbidden. Stiletto knives that have blades less than five inches long are also banned. Consequently, while a switchblade may be legal, a stiletto type automatic knife is illegal.
Other weapons. Pneumatic weapons (sometimes called BB or pellet guns), sword canes, and collapsible batons are also classified as dangerous weapons under California law. As a general rule, it is unlawful to carry a dangerous weapon on your person or in your car.
Legality of Using Weapons for Self-Defense
Victims of crimes often ask us about their rights and responsibilities when they choose to defend themselves by using a weapon. In California, just as with any state, the use of deadly force against another person is only legally justified when there is no other way to avoid imminent danger.
This can be a tricky legal matter to determine for each situation. Even in situations that involve physical violence where a victim believes they have no choice other than to protect their life with deadly or dangerous force, the law requires that the self-protection occur only if there is no way to avoid confrontation.
If you use a weapon , whether it be lethal or not, against someone who is not actively engaging you in physical confrontation, you may be breaking the law. The law does not support someone shooting, stabbing, or harming another person who, although may be threatening you (or in some cases, actually attacking you) was not actively beating you at the time you chose to inflict damage upon them.
Even if a person attempts to rob you at gunpoint, and you are confronted by someone else who intervenes with your protection, you should not be opening fire on that person. This could be considered coversion of the first robbery, and would involve serious legal implications.
How to Obtain Weapons for Self-Defense Legally in California
Each self-defense weapon will have a different procedure for obtaining it. For firearms, there will be a limitations on the types of firearms that are authorized. For example, only handguns that meet the standards for an "unsafe handgun" or "microstamping handgun." (PC § 31910) Specifically, California Penal Code § 31910 provides that: "Unsafe Handgun" defined As used in this chapter, a handgun is unsafe when it is any of the following: (a) A pistol, revolver, or other firearm capable of being concealed upon the person that is not listed in subdivision (b) and that does not have internal locking or other feature that will make the handgun not function without the use of a microscopically encoded firing pin or microstamp on the frame or slide that covers microscopic coding on the firing pin or more than one characteristic of one of the handguns listed in subdivision (b). (b) A pistol, revolver, or other firearm capable of being concealed upon the person that has any of the following characteristics: (1) A squared-off muzzle and a depth of more than three-sixteenths inch at the muzzle. This paragraph does not apply to a muzzle loader that is excluded from the definition of a handgun pursuant to Section 16840. (2) A muffler or a suppressor. (3) A rifled bore, other than a marble or BB gun, which the average person using a magnifying glass is not able to distinguish visually that the device is not a firearm. (4) A shroud that is attached to the barrel or that partially or completely encloses the barrel and that permits the shooter to grip the barrel with one hand other than the trigger hand to steady or stabilize the firearm. (5) The weight of the firearm is two ounces or more heavier than another firearm specified in this paragraph that has an overall length of less than 10.5 inches. (6) Any foldable, telescoping, or collapsed stock. (7) A fixed magazine with the capacity to accept more than 10 rounds, except for a shotgun identified in paragraph (8) or a .22 caliber rifle identified in paragraph (9). (8) A shotgun that has both of the following: (A) A pistol grip that protrudes conspicuously below the action of the weapon. (B) A folding, telescoping, or collapsible stock. (9) A .22 caliber rifle that has both of the following: (A) A telescoping or folding stock. (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, except when a magazine is not in the firearm. (10) A semiautomatic shotgun that has an automatic-only trigger release provided that the trigger can not be reset by pulling the trigger. (11) A nonsporting semiautomatic rifle that has any of the following: (A) A folding, telescoping, or collapsible stock. (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, except when a magazine is not in the firearm. (C) A flash suppressor that is a component part of the firearm. (D) A threaded, silencer or sound suppressor attachment. (E) A forward pistol grip. (F) A grenade launcher.
Once you obtain the necessary permit, license, registration, etc., you will then need to undergo proper training in order to carry these items, such as carrying a firearm concealed on your person. You will need to undergo a "CCW [carry a concealed weapon] class that consists of several hours of instruction on the use of deadly force, laws pertaining to self-defense, and safe-handling of firearms. A psychological evaluation of all concealed-carry applicants is also required. Finally, applicants must be fingerprinted and pass a background check." (Wikipedia, Concealed Carry Permit)
Training and Safety Guidelines for Using Weapons for Self-Defense
There are several steps that you can take once you have purchased a legal self-defense weapon to ensure that you understand how to use the weapon properly and in a safe manner. Many experts recommend a self-defense course so that you will be able to safely and effectively use your newly purchased weapon. In addition, many martial arts schools provide training on the use of various self-defense weapons.
Further, if you ever plan to travel with your newly purchased self-defense weapon to a home, a vehicle, or on your person, it can be helpful to obtain training by a professional showing you how to store the weapon safely without upsetting other people . For example, if you choose to wear a mace or pepper spray canister, you will want to be careful that you don’t accidentally fire the spray by accident. Even worse, if you have a stun gun, you want to ensure that you are not accidentally zapping yourself or someone else.
Similarly, if you choose to keep your self-defense weapon in your home, you want to ensure that it is stored in a safe place that is not readily accessible to children or other non-owners. The gun should be secured as you would always do for any other legal weapon.