Example, Jimmy is 12, hunting in NJ with his family. Under SF Police Code Article 17, 1291 (a), the city designates all of the following as "dangerous weapons": Any knife with a blade three inches or more in length Any spring-blade Switch-blade, or snap-blade or other similar type knife #3. They are all just gone, and I would like an explanation as to why? They were so pleasant and knowledgeable when I contacted them. I have a concealed carry permit which is reciprocal in Indiana, but my question is, Am I allowed to carry the blade, concealed or unconcealed, into the building under federal statute? The armed federal officer makes me disarm upon my arrival into the building. They need to be careful how they word these states that have removed the Felony status / laws on these knives without misleading people to think that it is now legal to take your switchblade anywhere you choose inside that state. It may be perfectly OK to have one in City or Town A but go to City or Town B and you can still be charged with a Crime. Any knife longer than 3 inches, including kitchen and chefs knives are illegal to be shown in public regardless of the purpose when in Los Angeles, CA. In subsequent years, the legislature amended the law so that a switchblade included: Courts broadened the definition more and concerns began to arise that the statute prohibiting these knives was overly broad.34. Hope that helps. Just because the state repealed the law, does NOT automatically mean that all Counties in the state, and all towns, cities, and local jurisdictions have repealed their laws on those knives including the Switchblade and all Auto Push Button Knives. -Chuck N, "KnifeUp's series of knife reviews was really helpful. A pocket knife is a knife with a blade that folds into the handle, and beyond that, the law is vague. Aside from carrying them on federal lands, local laws may vary because there doesnt seem to be any preemption statute to unify the law throughout the state. You are limited to a maximum of 2 blades under the following circumstances: Individual cities and municipalities within California have their own local laws that pertain to knife laws within that specific city. The prohibited weapons statute is a general intent crime and does not require an intent to harm. DUI arrests don't always lead to convictions in court. Some states have laws that forbid one from aggravated display of a knife as well as committing a crime with a knife. Two years later the definition was broadened by substituting the words capable of ready use in place of primarily designed as a stabbing weapon. Fixed-blade knives with blades of two-and-a-half inches or longer are illegal on college/university/school premises. Accordingly, there is no allowable maximum length limitation under California law. California domestic violence laws make it a crime to harm, or threaten to harm, an intimate partner. Thanks. We are asking permission of a system that is meant to serve us. A criminal record can affect job, immigration, licensing and even housing opportunities. Tom "upgraded" the fight by using deadly force with the stab. The issue of whether a knife is capable of ready use as a stabbing weapon is a jury question. I found one area where I was potentially illegal and didnt even know it. Legal to Carry Openly. This makes them legal to use and practice with in your own home assuming it is done so in private. Blades that are undetectable to metal detectors (e.g., ceramic blades) are also illegal. does not burden the right to bear arms in self-defense. 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. Even with graphics and javascript on, I cant get the map to load. 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. Here are some easy general rules to follow with all these Dangerous Knives as these were listed in all states. Blade Length and Full Length = Blade plus handle. For those of you with a short attention span, here is the summary: In California, the following are illegal: (1) It is illegal to possess any switchblade knife with a blade of 2 or longer, that can be opened with a button or the flick of your wrist; (2) concealed possession of any dirk or dagger, i.e., any stabbing device with a fixed blade, regardless of blade length; (3) possession or sale of any disguised blades, i.e., cane swords, writing pen knives, lipstick knives, etc., or any knife that is undetectable to metal detectors; (4) possession of a knife with a blade longer than 2 1/2 on any school grounds; (5) possession of a fixed-blade knife with a blade longer than 2 1/2 on any college or university grounds; and (6) flashing or waiving any knife or weapon in a threatening manner. 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. Im about to open an online sporting goods store, and Im sure its illegal to sell knives via my online store to anyone under the age of 18, but I just wanted to make sure before I go and add the annoying age verification to my site when I open it. Sentencing enhancement for personal use of a dangerous weapon PC 12022. For example, PC 17235 defines a switchblade as: Given this definition, a defendant can avoid a conviction by showing that the blade of the knife he had was only an inch. It may have special rules at that point for your age and how you are transporting the knife. Airports and passenger vessel terminals; prohibited items My guess is that I am wasting my time writing this, and it will say it is awaiting moderation which will never happen and this question will be dropped on the floor along with ever reply that these people have been requesting from you guys. my intention is to get a 2 to 3 foot sword and a few chakrams for concealed protection. As long as the blade is less than 2.5 to 3 inches, you should be fine. If it gets dropped, I will never come to this site for reference again, and I will remove the link to it on my companies educational pages, as well, I will stop instructing my customer to come here for their law answers. a knife with the appearance of a pocketknife, with a blade length of 2 or more inches, and. For example, if you live in Denver, Colorado, you must abide by the knife laws of Colorado as well as the knife laws of Denver. 3 Cal. Laws are interpreted differently by enforcement officers, prosecuting attorneys, and judges. It points out specific laws for the jurisdiction I mention in the article. Ive been struggling to get clarity on knife laws for a while. Other Laws. We do not handle any of the following cases: And we do not handle any cases outside of California. Authorities cannot conduct a search for a knife or seize a knife without a valid search warrant. Definitely recommend! A few caveats, however: First, remember that carrying any weapon, even one thats legal, can cause you a lot of grief with law enforcement. 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. This is the most accessible resource for knife law Ive found, so I hope this feature request doesnt come across as unappreciative or lazy. Locations that may be exceptions to this general rule are courts, planes, schools, and special buildings that forbid the carrying of knives. George M. Lee, a partner at the San Francisco law firm of Seiler Epstein Ziegler & Applegate, wrote the "friend of the court" brief in . in a tent or backpack). Knives that may be carried either openly or concealed. In California, it is legal to buy, own, transport, and carry any knife that is not restricted. its a case xx fixed blade , $even inches long. 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. YES! People make mistakes all the time. 202 (1957 Reg. Use of the site does not create a lawyer/client relationship. 4th 322, People ex rel. This is the reason that some many states have made these illegal over the years because federal law states that ANY knife carried with the intent to causes severe injury or death or for the commission of a crime is at that point considered illegal. An automatic knife with a blade 2 inches in length is proscribed under the statute. I haven't found such clear law advice anywhere else. Understanding the Different Pocket Knife Laws Across California Counties. KnifeUp provides free knife law guides for all 50 states. There are also limitation on knives deemed as illegal (switchblade, daggers, gravity knives, etc). Click on the state you are interested in to read about its knife laws. Penal Code 21310 PC makes it a crime in California to carry a concealed dirk or dagger.1 The concealed carry of one of these weapons includes: California law, though, has an open-carry law for these knives. California Penal code 626.10 states that it is illegal to carry any knife longer than 2.5 in on any K-12 school grounds or on any college campus in the state of California. In most states (I havent looked up yours at this time) state that a knives blade must not exceed 4 inches and the full size must not exceed 9 inches, however, this is just a conservative average across the country and your area may be different. Knives and daggers are explicitly banned from being open carried in plain view any way when in the Los Angeles city limits. In LA, open carry of folders over 3" is the crime, so pocket-clip showing is Open Carry and illegal. And I thought we in America lived in a free society but yet it is illegal to carry a knife. See Assem. on Criminal Procedure, Analysis of Assem. While dirks and daggers may be lawfully carried openly under California State law, a City of Los Angeles ordinance imposes significant carry restrictions. Under Penal Code 626.10a1, it is a California wobbler offense to bring or possess certain knives on the grounds of: Violations of this law can result in imprisonment in state prison for up to three years. Only non-locking or slip joint design folding knives are excluded. 16470. Switchblades (includes side open/otf autos, gravity knives, balisongs) illegal over 2". Common charges include: Penal Code 243(e)(1), domestic battery, and; He was charged and convicted of carrying a concealed dirk or dagger on the theory that the blade of the knife was exposed and locked into position. Posted by. Subsection (b) of the statute provides that it is illegal for any person to bring or possess any dirk, dagger, ice pick, or knife having a fixed blade longer than 2 1/2 inches upon the grounds of, or within, any [college or university].. However, assuming the sword is open carried in plain sight and sheathed within a scabbard or some equivalent method it is legal to possess and carry a sword. Federal law prohibits shipment of automatic knives across state lines, with the following exceptions: 1. . 8. Under federalism, governing powers are divided between the federal and state governments. Now more than ever, one needs to know what laws govern them and to what extent, because the government loves it when you allow ignorance to give them the ability to walk right over you. Im just a general guide to point you in the right direction. California knife laws break down into 3 categories of devices. However, lets say that your knife is a fixed hunting or fixed fillet knife who;s lengths are longer then what I mentioned. 4. Possession of an unlawful knife on school grounds or in a state or local public building is also punishable by confinement for up to one year. Still illegal to carry a switch blade though. What size knife is legal to carry in California? If it is not expressly documented, then one may engage. Violations of the state switchblade prohibition, the possession of knives in public transport terminals and airports, and the undetectable knife statute are punishable by up to six months confinement and/or a fine of $1000. In fact, if you have a sword and it is unsheathed, it can be considered a dagger and would at that point be illegal. If I can be of further help, please reply here. Hester was charged with assault with a deadly weapon, making criminal threats, and possession of a dirk or dagger. Sess.) Dirk defined; dagger defined is overbroad to the extreme. to unlawfully use a deadly weapon. This does not include use of such a weapon in self defense. 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. Cane Swords and other Disguised Blades Penal Code 20200 et seq. Yes, because not all people can read and not all people can read the language in which those words are printed. The legislature acted in 2012 and adopted Penal Codes 16965, 17235, and 21510, which were meant to replace PC 635k, or the former switchblade statute. However, despite the change in the opening operation legality, knives falling under the definition of dirks, daggers and stilettos are still illegal. For example, robbery with a knife is considered a more serious crime than simple robbery. & 46-79. Joined. Do you know the importation and selling laws? It was changed a couple of years ago to no longer include automatic knives, aka switchblades , as well as balisongs (aka butterfly knives) under the definition of an illegal knife. It it because you guys were not the ones to provide the answers to the questions that were actually direct to you guys here at Knifeup? 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. These are: Penal Code 417 is the California statute that makes it a crime for a person to brandish a knife.20. App. See 17 SFPC 1291(d). I am asking a friend to bring my knife here in the philippines. 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. Penal Code 245a1 is the California statute that makes an assault with a deadly weapon, or ADW, a crime.