If you live in one of the 50 states, the federal law would only apply to you if you are traveling from one state to another or if you are entering federal property, such as a military base. Under 17 SFPC 1291(b), if you carry any dangerous weapon (defined above) concealed on your person, it is a crime to loaf or loiter upon any public street, sidewalk, or alley, or to wander about from place to place, with no lawful business thereby to perform, or to hide, lurk, loiter upon or about the premises of another. A lot of people might see this as overbroad, as in, the police could stop you at any time you were not actively on a job, on your property or on anothers property as a guest. am I over thinking this or could these laws ruin a camping trip? Fixed-blade knives with blades of two-and-a-half inches or longer are illegal on college/university/school premises. The Court of Appeals overturned the conviction, holding that the Los Angeles law conflicted with the state law, and was therefore invalid. Or is it because my website which you ask for as part of the information you request from people when they reply of leave a comment has a place for a website and I listed my companies website? Washington, DC, the District of Columbia is not listed. Possession of prohibited items in sterile area of public transit facility; punishment. I feel like I will likely be wasting my time attempting to post this question in the comments section as you no longer have a Contact Us section, Well, let me rephrase, you do, but there is no contact links or info on how to contact you, the contact us page is completely blank. Recall that California state law specifically bans or prohibits a person from possessing, owning, making, or importing certain types of knives. I haven't found such clear law advice anywhere else. And I thought we in America lived in a free society but yet it is illegal to carry a knife. I cant give you official legal advice, so dont take my word as authority. Ive been struggling to get clarity on knife laws for a while. It also lets you know you may have to check on a particular jurisdictions (i.e. HB2033 also repeals the ban on the possession of switchblades, dirks, daggers and stilettos.. What is even more interesting is that other, more recent cases completely contradict the decision in People v. Bass. Only non-locking or slip joint design folding knives are excluded. Hope that helps. Keeping Knives in American Lives Since 1998. AKTI suggests that you consult legal counsel for guidance. Examples of these knives include kitchen knives, ice picks, and any other fixed blade knives. Nothing in the California constitution says that all knives must be treated equally, nor do state laws. Ive ranted enough for now, goodnight. Below are specific laws related to each individual city in the state of California. The above-mentioned standard jury instruction CALCRIM No. UNLESS you have seen some law/regulation/legally enforceable rule IN WRITING (official government printed publication or website that states you can, can not, may, may not, shall, or shall not do something), then do NOT do (or refrain from doing) that thing or you may in fact be violating a law. Hester was stopped shortly thereafter and found to have a folding boxcutter in a pocket and a second retractable boxcutter in his backpack. An automatic knife with a blade 2 inches in length is proscribed under the statute. Since only a small number of states have rescinded the law on Switchblades (in this case we are talking about Missouri specifically, always assume that from a state level, ALL Switchblades, Stilettos, Daggers, Gravity Knives, Sharpened Swords, Automatic and Push Button Knives, or any knife considered to have no functional use other than to be a dangerous concealed weapon. *People v. Rubalcava . 3-3105. San Francisco has its own set of equally arcane laws on knives. Court proceedings do not dictate law. A knife carried in a sheath that is worn openly suspended from the waist of the wearer is considered open carry and is legal. So, as long as I carry my fixed blades openly (not including on school or government property) I . The City of San Francisco takes these laws even further. And there is no blade-folding mechanism. Well just because the state says its OK, does not mean one has a free pass to carry a Switchblade anywhere in the state. Nevada Knife Laws Explained by Las Vegas Criminal Defense Attorneys, In re: Luke W (2001) 88 Cal. Cali knife laws simplified is: All manual open folders legal. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. "Any knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands" is restricted in state or local public buildings or meetings as well as airports and passenger vessel terminals. The violation may no longer be a felony, but could still be a gross misdemeanor and could carry time. We are asking permission of a system that is meant to serve us. Bill No. Despite the original design of the knife, the Court of Appeals upheld the conviction. Thanks, your US map didnt come up when I clicked to this site. A law which merely lists the kind of knives that may be owned or carried does nothing but restrict the freedom of the lawful. After researching the law, we certainly understand why confusion exists as to what is legal to carry and what isnt: there are over a dozen statutes on the subject, as well as numerous municipal codes, and inconsistent court decisions that further muddy the water. 3 Cal. The laws concerning butterfly knives are not specifically detailed in the California Statutes. Any cutting, stabbing, bludgeoning weapon or device capable of inflicting grievous bodily harm. See Sen. Com. This time period is in addition and consecutive to the punishment that the accused receives for the underlying felony offense. Please feel free to contact me directly at eutopiantraderllc@gmail.com, and I will be happy to answer you personally and provide you with the answers to your questions that you never received answers too. Im not advocating disrespect, or causing a ruckus just to be a d.b., but if an activity you enjoy is being interfered with just because the powers that be dont think you should, then by all means rock the boat, cause a ruckus, and declare to all show me a law. . The information on here about the knife laws in Tennessee are outdated and incorrect. Maybe in the future, but I dont think so, Joe Im 16 and Im in arizona for the summer and I was winder if I was aloud to bring a hunting knife on then plane because in arizona because it was my first Time in arizona but I from Indiana and when I go back I got a delay to Texas then I ho back to Indiana would I be alright bc I got a case for it, What about a hunting knife that 10 inch with blade and handle together, When I was 15 I was charged as an adult with multiple non-violent felonies in South Carolina. As such, in Los Angeles, you cant openly carry a blade over 3, but you cant carry such a weapon concealed, either. There are three main laws that make it a crime for a person to use a knife as a weapon. or not, Im surprised nobody has thought of this, but with the huge upset in the is with gun control (in my opinion is a bunch of b.s.) What size knife is legal to carry in California? In SF, possession of any spring-blade, switch-blade, snap-blade knife, or other similar type knife, or any knife any blade of which is automatically released by a spring mechanism or other mechanical device is illegal, with a mandatory minimum of 30 days in the clink. Note that CA law does not have a length limit, and this length limit technically only applies if you are loitering (a wobbly subject by itself). Nevertheless, many of these laws still wont go into 2015 - 2023 William E. Weiss. The trial judge also dismissed the use of a weapon in connection with the criminal threat element, but Hester was found guilty on the dirk/dagger charge and of communicating a threat. & 46-79. This is a great resource. App. The Essentials. 21310. Cheers! The best this to do is to check local ordinances before deciding to carry a knife or any other weapon in California. See 17 SFPC 1291(d). Assault with a deadly weapon PC 245a1, 4.3. Most fixed blade knives have two items that are looked at for the laws. In fact, if you have a sword and it is unsheathed, it can be considered a dagger and would at that point be illegal. Concealment is a factor under California law. Information on the types of knives that can be owned and how they may be carried is quite useful, thanks. There are two important factors when it comes to possessing and carrying knives in California: (1) whether the type of knife is legal or restricted and (2) the open carry law. Unpub. Under PC 12022, then, a person can receive extra prison time if he/she: The basic enhancement, per this statute, is an additional one year in prison. on Criminal Procedure, Analysis of Assem. See also CalCrim No. Or, perhaps the blade length was just under two inches. Nonetheless, the Los Angeles law is still on the books. So, to protect yourself, please do NOT just assume because Missouri Repealed the Felony Law regarding the sale, possession, and transport of this item, it does not mean your free to carry your Switchblade with impunity through the entire state. In Sacramento, CA it is illegal to sell or own any sort of push button or spring assisted knife. In other areas where concealed is a crime, pocket-clip showing is considered concealed. If you had allowed my answers to the questions asked, you could have gotten a wealth of knowledge to update your laws by state with but now it appears as thought that is too much to ask. . Please update the Illinois switchblade laws. Are there laws in California against using a knife as a weapon? 17235. other means of force likely to cause great bodily injury to another person. Accordingly, there is no allowable maximum length limitation under California law. Can you perhaps but a postal abbrev for the states with a hot link to the laws of that state. Ct. In NJ a knife fixed or folding must not exceed a blade over 4 inches and a full open length of 9 inches. 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. No. A violation of this law can lead to felony charges and a penalty of up to four years in state prison.22. And, you have even stricter city ordinances. Fairbanks, AK 46-291. 6 years ago. Hester was charged with assault with a deadly weapon, making criminal threats, and possession of a dirk or dagger. Sec. custody in county jail for up to six months, and/or, 16 months to three years in county jail, and/or. Blood was not observed on either boxcutter or Hesters clothing. Note that if a folding knife is extended and locked into position, then: California knife laws say that it is always illegal to possess, sell, manufacture, and import certain types of knives. In 1993 the legislature created a statutory definition that focused on whether the item was primarily designed as a stabbing instrument. In certain cases, brandishing can carry up to three years in jail. Additionally, under San Francisco Park Code 4.01, carrying dirk knives, bowie knives or other fixed blade knives in a park is considered to be disorderly conduct, it doesnt matter if its openly carried legally under state law, its still not allowed in a park. In this section, we offer solutions for clearing up your prior record. The City of San Francisco takes these laws even further. I thought I was helping you guys out by replying to each person and explaining the law, what the change means to them, and what it means in general as well as the expectations that can arrive at from these law changes. Also, certain municipalities have their own laws that may affect the legality of carrying a knife. I answered and addressed EVERY concern on here as to what that truly means for people and why you guys may not yet have updated your laws by state to include those that have. Knives and daggers are explicitly banned from being open carried in plain view any way when in the Los Angeles city limits. With those warnings out of the way, California laws covering many types of knives including switchblades, daggers, and disguised blades are discussed below. The problem right now is that there are so few states that have actually repealed the law on a State / Felony Level, and for those that have, guess what, the larger problem is that the local municipalities mostly have not changed their local laws. A Guide to Switchblades, Dirks and Daggers 2nd Edition 2015 How to tell if a knife is illegal by Dmitry Stadlin. App. In this statute, weapons include knives with blades over 3" and spring type knives (see next part below for these) and many other implements of destruction. If I know that they live in a area in which a certain knife is illegal, I refuse to sell that knife but since I can not possibly know every local jurisdiction laws, I base the laws on the state level, the buyer is then responsible for the laws where they will possess and use it, and if they get in trouble there isnt anything anyone can do about that. Restrictions on the carry of dirks and daggers originated in 1917. I love KnifeUp." 16470. This means that, as a defense, an accused can always try to show that the knife he had did not fall into the definition of an illegal knife. San Francisco law makes it a crime to carry a dangerous or deadly weapon while loitering in a public place. I need to know what the restrrictions are for carry in various places including bars, government buildings, police departments, etc. Bill No. Original replied too already!! 2. (Please also note that while the law was repealing such a few number of states, the ones that have very well may still have mitigating factors that could potentially still make them illegal such a felon still can not possess them, nor can certain mentally ill individuals.) California knife laws break down into 3 categories of devices. Disguised knives (Pen, lipstick, belt buckle, etc.) The Gerardoi court rejected the holding of Bass, and found that the city code was valid. Everyone is telling you how outdated and incorrect the information is. Yet, my replies are no longer on here awaiting moderation, as they once said. is it safe to put a knife properly secrure inside the checked in luggage going to the airport? I have multi-tools, pocket knives, and hunting knives, The biggest of which is a 4.9 in handcrafted Damascus. 202 (1957 Reg. custody in county jail for up to one year, and/or, imprisonment in county jail for 16 months to up to three years, and/or, certain utility knives (for example, a snap-blade knife), and, other similar type knives that are not switchblades (which are. I work at a VA facility and according 38 CFR 1.218 Security and law enforcement at VA facilities (b)(39), knives should not exceed a blade length of 3 inches Im guessing this is pretty typical across other federal locations. The defendant is charged with unlawfully carrying aconcealed dirk or dagger in violation of Penal Code section21310. Knives in public buildings PC 171b, 3.2. Are not knives covered under the 2nd amendment also?Fewer politicians, more statesmen. It's also legal to possess pocket knives or other types that have a blade no longer than three and one-half inches, regardless of whether it's concealed or open. Californias laws generally are restricted when it comes to knives that are easily to disguise, hide, or designed to be undetectable. San Francisco, CA the most restrictive knife laws in the state of California and explicitly prohibits certain knives that are legal throughout the rest of the state. Switchblades/balisongs with blades longer than 2 inches, OTF/Out the front knives with blades longer than 2 inches, On school grounds you are restricted to knives under 2.5 in, On college campuses you are restricted to all types of knives under 2.5 in, In the city of Los Angeles it is illegal to carry any knife longer than 3 in. Any knife except a switchblade with blade that is 2" or longer and other restricted knives, see below. Possession of Knives on School Grounds Penal Code 626.10, It is illegal for any person to bring or possess any dirk, dagger, ice pick, knife having a blade longer than 2 1/2 inches, folding knife with a blade that locks into place, [or] razor with an unguarded blade . Whether youre looking to buy a knife, sharpen it or understand the knife laws, KnifeUps 11-year strong library of over 300 pieces of professionally researched content will answer your questions with straightforward answers. Colorado State Knife Laws. #3. These include: Penal Code 171b is the California statute that makes it a crime for a person to bring or possess certain knives into: Prohibited knives under this statute include: A violation of this law is a wobbler offense that can lead to up to three years in state prison. For example, while I cannot openly carry a dagger, the statutes would also prohibit my transporting a dagger in a locked briefcase, as I might on the way to a show, or in a wrapped package, as I might if taking it to UPS to send to someone else. Any knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands is restricted in state or local public buildings or meetings as well as airports and passenger vessel terminals. Now if I have an 8 inch camp knife in my car while traveling is that illegal? Thats another way that SFs laws are stricter than the state laws. The trial court found, however, that the knife had been modified or damaged, and the resistance mechanism did not function so that the knife would open with a flick of the wrist. George M. Lee, a partner at the San Francisco law firm of Seiler Epstein Ziegler & Applegate, wrote the "friend of the court" brief in . The United States was founded under the principle of federalism. upon the grounds of, or within, any public or private school providing instruction in kindergarten or any of grades 1 to 12 . It gets worse. Thank you! These laws are usually only enforceable after the fact and, for that reason, allow the state to increase the penalty of a crime. The complete State Knife law information is now available to AKTI members and non-members alike. While the person may not longer face felony charges, (unless they are a convicted felon already, possess the knife for unlawful purposes, have certain mental illnesses in which you can become a danger to yourself or others) and can freely carry and use on State Land for lawful purposes, they may still be charged with a civil violation and matching fines or jail time at the majority of local jurisdictions. This caused some concern as to overbreadth so in 1997 the legislature added the wording: A nonlocking folding knife, a folding knife that is not prohibited bySection 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. Terms of Service. It is for this reason that the Bowie knife has been outlawed in so many states. Thank you very much! If youre convicted under any part of 1291, 4.01 or 3.1, youre looking at a misdemeanor on the record and up to 6 months in the slammer, a $500 fine, or both. Perhaps, for example, he bought an illegal shobi-zue from an antique store and had no idea that it was prohibited under the law. It;s as if you guys could have given a rats ass that I spent all that time replying to each and everyone of these questions because your site has yet to updated the laws in the states that have since revoked the STATE Felony law pertaining to Switchblades. 1244). Restrictive ordinances are common in municipalities throughout the state. When something threatens my rights, KnifeUp is the first to inform me." Other knives may or may not be legal, depending on how and where you carry them, and where you are in California. WI and MI laws changed in 2016 and the changes dont show on your page. Please note: Our firm only handles criminal and DUI cases, and only in California. It basically says that you can carry a concealed knife if you have a permit, but the definition of a knife is really limited to a PLASTIC knife, blunt table knife or pocket knife. It was asserted that he had an ersatz swiss army knife in a coat pocket with the blade opened. These are: knives that may be worn openly but not concealed,; knives that can be carried both openly and concealed, and; knives that are always illegal to carry. Jonathon Lee Hester was sentenced to six years for the possession of two box cutters. Knife control is illegitimate under the U.S. Constitution. Bikers always seem to inquire about the knife carry laws in California. Ill be waiting for youre reply. Anchorage, AK 8.25.020 & 8.25.060 other than an ordinary folded pocket knife (blade stored in handle and requires a physical pull to open knife. Consider also the destination of the defendant, the alteration of theobject from standard form, and other facts, if any. ballistic knives, per Penal Code 21110 PC. So I took well over 1 hour answering EVERY Question above that was asked, even though all the questions are old I know many people that still have those same questions and my answers are as relevant today as the questions are. The point I am trying to make is that my answers to these questions that never got any answer to are the same questions, I see people asking everywhere, but you guys are supposed to be the Authority of Knife Laws by State, yet I have found out that your laws as listed state by state are becoming deprecated and need to be updated as many have changed. Use of the site does not create a lawyer/client relationship. Carrying of concealed dirk or dagger; punishment Sess.) ALL knives fall under this law regardless of how tiny, cute or functional they are, including a butter knife. balisong knives) are considered switchblades in California. Under the law, an ADW is defined as an assault committed with either: California law says that a knife can definitely fall into the category of a deadly weapon. An ADW, then, includes when a person commits an assault while using a knife. To civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government. If I can be of further help, please reply here. Share on Facebook With that being said, when carrying a knife youre at an increased risk for trouble with law enforcement and if you get detained, having a knife on you can potentially exacerbate the situation unless you have a very specific reason youre carrying the knife and can easily explain that to the detaining or arresting officer. Share on Linked In In the 1985 case of People v. Gerardoi, the defendant was charged with violating a local law of the City of Commerce that is nearly identical to the Los Angeles local law prohibiting carrying blades over 3. In effect, it facilitated extension by inviting prosecutors to pursue pocket under the concealed dirk or dagger statute as revealed by the case of People v Castillolopez 371 P.3d 216 (2016). Also, this article only covers California law. Shouse Law Group has wonderful customer service. Knife laws can be divided into these two categories: ownership laws and carry laws. What is with your site? Thanks Rich, The map was not available. A credit card multi-tool knife is not a concealed dagger or dirk knife in California. a knife with the appearance of a pocketknife, with a blade length of 2 or more inches, and. It will not be a felony (unless your a felon, carrying for unlawful purposes, or have a specific mental illness in which you are not allowed to pretty much own any weapon for fear of hurting yourself or others. The holding of People v Castillolopez is that a non-locking folding knife such as a slip joint design is not locked when open and is excluded from the category of dirks and daggers. 20200. Does California have restrictions on carrying knives in certain places? Updated May 25, 2021, by Daniel C. Lawson. Then he or she would see in which states a knife like that would be perfectly legal, in which states it is completely and utterly illegal, in which states it varies by municipality, and in which states a permit is required. Authorities cannot conduct a search for a knife or seize a knife without a valid search warrant. This is outlined in section 13.62.020 of the Los Angeles City Code. , Time to update the site maybe?. Im not saying it will be easy or pain free, but stand up and show some of the old blood that bought our freedom. Im looking to buy knives over sea and sell them online. My question is not whether, or what I can carrry, but where I can carry it. Fixed blades can also be legally carried, but are supposed to be carried open and not concealed, which in a city is where a pocket knife would get carried anyway. A pocket knife is a knife with a blade that folds into the handle, and beyond that, the law is vague. Californias concealed carry knife law does not require an intent to conceal or intent to harm. Fixed bladed knives are legal if openly carried, and that includes real swords. State laws can vary greatly, and taking a knife that is legal in California over state lines may get you into trouble with federal laws or laws of other states. For example, robbery with a knife is considered a more serious crime than simple robbery. Share on Twitter However, despite the change in the opening operation legality, knives falling under the definition of dirks, daggers and stilettos are still illegal. 5th 358, People v. Rubalcava, (2000) 23 Cal.4th 322, People v. Gonzales (1995) 32 Cal.App.4th 229, People ex rel. For example, some states forbid an individual from conceal carry of knives over a certain length but open carry of that same knife is legal. Second Amendment does not clearly apply to dirk knives and daggers under California law. The common law is a collection of legal traditions in Anglo-American jurisprudence that have existed "since the memory of man runneth not to the contrary," i.e. 26. You are correct that on a State Level Missouri did repeal the law on Switchblades, however, just because the state law was repealed, does not mean that all local laws have followed suite, and that is what is important. I want to ask u have shiping to israel ? Yes, because not all people can read and not all people can read the language in which those words are printed. PC 21510 prohibits possessing switchblades in California. Same can be said for guns, it is not the object itself which should be restricted, but the actions of the knife/gun holder. The state law rescindment does NOT make the knife legal through out the state. And it is legal for people to defend themselves with a pocket knife as long as they act reasonably. Some knives can be only carried openly, some can be carried openly or concealed and some are illegal to carry at all. Well in this case, that rescinding of the State law has not helped you one bit. Example, Jimmy is 12, hunting in NJ with his family. This is why I say the State Felony law may have been repealed in Missouri, but it is still buyer beware to know your local jurisdictional laws for where you tend to possess, travel with, and use the knife because those are the laws that will get you and you telling that officer, Sir, the state has rescinded the law making it legal to possess a Switchblade, that Cop can easily tell you well thats fine and good if you were on State property, but your in this little town and there is still a civil violation carrying upto X months in jail. explains). The prohibited weapons statute is a general intent crime and does not require an intent to harm. Lets face it.Its illegal unless the guy or gal with the badge say so.