Attorney Explains California Knife Laws

how's it going everybody my name is anthon branda I am a licensed and practicing attorney in the state of California and today I'm bringing down California night laws so in California there are three main categories nights nights that can be worn openly but not concealed nice that can be worn both openly and concealed and the nice that you can't wear either you can't wear them openly or concealed so let's break down the first category nice that can be worn open but not concealed and these are nice that are generally classified in California's Dirk's or daggers and so these are generally fixed blade type of knives I have an example for you you'll have my ke baare TDI this is considerably Dirk or dagger because it's a fixed blade and as you can see there's a sheath that came with it so this is actually important for Dirk's or daggers because the way that California law set up you can wear a Dirk or dagger as long as it is on a sheath attached to your waist and is not covered so Dirk's our daggers have to be worn on the sheath and open that's why they fall into that open but not concealed because the second you concealed these you are in violation of California law so when looking at Dirk's and daggers wearing them concealed is not just having them in your pocket with the sheath you also can't put them in your purse a briefcase backpack anything like that if you're gonna have it on you it has to be open and it has to be a machine you just throw it in your purse if you just throw it in your backpack you are still in violation of California law even if it's in a sheath like this the requirement is that it has to be open on your waist in a sheath for you to be in compliance of California law so the next category of knifes are going to be folders or folders as they consider them in California and they define them as that but these type of knifes you can wear open or concealed you can wear them open if they're locked like this you can wear them concealed if they're locked like this one thing to take into consideration is once you lock it like this if you throw this in your pocket which I don't know why you do that you're now concealing a Dirk or dagger if you wanted to have it fixed in the open position you would have carry it on your waist in a sheath to be in compliance of California law because it's considered Victor or dagger if you carried it open like this you're in compliance with California law because it's no longer considered Dirk or dagger and you'll have to put it a sheet to carib like this in your pocket your compliance of California law because it's just a folder that you're allowed to carry concealed on you so the type of knifes like this that you can carry opener or concealed are folders like this box cutters or general utility at night so if you have a Leatherman with a knife on it you can carry those both open or concealed but again as I noted once you lock any blade like this and you carry an openly it's considered a Dirk or dagger so it has to be machine just something to keep in mind so the next category of nice we're gonna cover which are always illegal for you to carry in California are nice which are considered switch blades ballistic knives butterfly knives novelty knives type of knifes that are hidden like belt welcome nice things of that nature are always illegal for you to carry California and both open or concealed you can't carry those are assisted opening knifes considered switch blades in California and therefore prohibited for you to carry both openly or concealed are always illegal for you to carry and the answer is no if you just want the quick and down and dirty answer is no assisted knifes are not considered switch blades or ballistic knives so they don't follow your that classification of always being illegal to carry in California so why are assisted nice not considered switch blades so California Penal Code six five three K was amended to actually exempt these type of assisted opening knives from the definition of switch blades and this was amended by Assembly Bill three three one four in 1996 essentially exempted from the definition of switchblade knives all knives designed to be opened with one hand be a pressure on the thumb stud or hole in the blade so specifically the California Legislature went in and changed the laws in reference to assisted opening blades and specifically if you have to put pressure like on this little retractor here for it to open or on a thumb stud for open it is not considered a switchblade under California law it's also important for this in 2001 SB 274 modified that language in California the California Penal Code that I reference earlier to actually further not define these as switchblades specifically that in language that any blade which has a bias towards closure so as you can see it's 50 resisting and then it opens it has a bias towards closure so any blade that has a bias towards closure or like wants to want it to lock is not considered a switchblade so the important language there is the detent or mechanism which gives a bias towards closure and so why these assisted opening knives are not considered switch blades is because they have mechanisms and g10 switch kind of forced them towards closure they're not just automatically you know one button and they're released like a switchblade you actually have to put pressure on some part of the knife in this case you have this little thumb stud here which you put pressure on pressure on it resist resist until it releases so under California law that's why this assisted opening knife this croissant link is not considered a switchblade so what is a switchblade in California so a switchblade is a blade with two or more inches in length which can be released automatically by either the flick of a button or pressure on a handle or flip of a wrist or other mechanical device and as we covered assisted opening knives are specifically not defined as switch blades but for example this micro tech I have it only opens from pressure on this button and then opens and so in California this is considered a switchblade and therefore is illegal for me to carry either open or concealed it is just generally prohibited in California it's not illegal for you to possess but once you leave your home and you carry it around in your pocket or in the open you're in violation of California law another little nuance that I saw when I was researching is some people we're asking whether a blade that is double-edged like this is generally prohibited in the state of California the state of California doesn't really have a whole lot of laws that specifically speak on double-edged blades it deals primarily with switch blades and defining other types of knives not necessarily the makeup of the knife the only real restriction on nice is the length of them for example I believe it's which believe it has to be over two inches to be considered a switchblade if it's less than that then it's not considered a switchblade but there is no requirement that it be double edged to be considered a switchblade for example if I just had a folder like this for Spyderco makes like a double edged knife just because it would be double edged wouldn't mean it was a switchblade than that would be therefore prohibited from carrying it in California the fact that it is double edged has nothing to do at all with whether it is prohibited for you to carry in California so it's just something to keep in mind so generally what are the penalties for violating one of these laws by having maybe Dirk concealed on you or having it Dirk not in a sheath or having a switchblade on you or something of that nature generally the crimes range from a misdemeanor up to three years in county jail so that is the general penalties for violating one of these laws so that's a quick summary everybody of California knife laws and what you're allowed to carry open versus what you're allowed to carry concealed and what you are not allowed to carry at all just keep in mind although I am a licensed attorney in California this is not legal advice if you have any specific questions or any specific legal questions you need to seek out an attorney who will represent you and help you with that specific situation this is just for general education just give you guys a quick overview of what you are allowed to do in California versus what you're not allowed to do in California if you found this information helpful please like and subscribe let me know if you have any questions in the comment section I will try to answer the best of my ability so thanks everybody for watching and I'll catch you in the next video

Channel: Armed Scholar

Views: 286,817

Rating: 4.9059057 out of 5

Keywords: california knife laws, ca knife laws, knife laws in california, knife laws in ca, california knife laws length, california, knife laws, knife, assisted opening knife, switchblade knife, switchblades, switchblade laws, daggers, dirk, laws, california laws, ca laws, carry, edc, carry laws, california laws on knives, california knife carry laws, illegal, pocket knife, folding knives, folders, knives in california, how long can a knife be to be legal

Id: iFAtY12nF9g

Length: 8min 41sec (521 seconds)

Published: Tue Sep 03 2019

Reddit Comments

[u/thaitea]

Easy to follow and informative however I want to add one thing. Even though your knife might be legal per State law, it might be illegal in your local jurisdiction. For example the city of Los Angeles has much more strict (and equally) vague knife laws that limit more of what you can and cannot carry

[u/[deleted]]

This is the second one he does that I’ve seen. Guys seems cool.

[u/ElderPraetoriate]

Also, fyi, having a CCW does not apply in anyway to a knife, only a firearm... cuz knives are scary when you can't see them.

[u/Lurkin_Yo_House]

Guys got some good info that’s easy to understand. Probably something good to share with people.

[u/Mike_Hawk818]

Thank you for posting this, it's good info. I've always wondered if the folding knife I carry is legal. I feel better after this video lol

[u/GreenDinosaur]

Well this explains why every hobo I see openly carries a crocodile Dundee knife on their waist without any issues.

[u/ArmedScholar]

Hey everyone thanks for all the support and kind words. Also, thanks to reno.mayguns for sharing I appreciate it. Glad a lot of you found the information helpful! Quick addendum to the video, local laws can place further restrictions on knives. Therefore, it is always best practice to check your local laws and ordinances to determine how to stay in compliance.

[u/milkboy33]

Keep in mind guys and gals that many cities within CA have their own knife laws and some of which are even stricter.

[u/xAtlas5]

I pretty much knew all this stuff already but it's nice to have someone explain the legal jargon and provide examples. Thanks for sharing!