Introduction to California Knife Regulations
California knife laws are dictated by a combination of statutory code and case law that serves to define the scope of what’s acceptable and legal and what is restricted or illegal. Unfortunately, the laws can be a bit fuzzy, and while the average citizen covered by these laws is typically not required to study them in detail, those who are on the front lines of enforcing them—such as local law enforcement and even salespeople on the floor of cutlery departments—need to have a solid understanding of the legal landscape for buying and selling knives in the state.
When it comes to knives in California, any type of fixed blade knife—whether a hunting knife or a folding knife—is technically legal. That’s because there are not per se "banned" knives. What California does have is a law that discusses and defines restricted knives, which essentially just means knives that aren’t knives, for lack of a better term. This means things such as belt buckle knives, lipstick knives, cane knives and any other knife that doesn’t look like a knife. In other words, these unique knife designs are not banned because they don’t fall into the category of knives under the law.
However, once it’s been established that the knife in question is a knife, its legal status depends on the length of the knife blade. California has two categories for knives based on blade length: those that are considered dangerous weapons and those that are not . If a knife has a blade measuring two and one half inches or longer, it is defined as a dangerous weapon. While if the length of the knife blade measures at two inches or shorter, it’s not considered a dangerous weapon.
Knives with a blade measuring between two and two and one half inches in length don’t have specific laws regarding their concealment, but if someone does want to carry one of these knives, he or she must have a good reason to do so, and permission may be required from the chief officer of the police or sheriff department. In other words, those who wish to regularly carry this sort of knife for work or personal use likely need to apply for a permit from the local sheriff’s department.
If someone is discovered carrying a fixed blade knife with a blade longer than two and one half inches, he or she is breaking the law. Even if that knife was purchased legally and is fully legal to own, its possession becomes illegal as soon as it attempts to cross from open to concealed carry. If this is the case, the individual is charged with a felony carrying of a dangerous weapon on his or her person.
While it’s important to understand the broad strokes of California knife laws and the implications to bear in mind if you plan to shop for knives in the state, it’s also crucial to understand all of the details under the law that could ultimately prove the difference between a legal carry and a felony charge.
What is a Fixed Blade Knife?
California law has a clear definition of what constitutes a fixed blade knife. Under Cal. Penal Code section 12020(c)(21), a fixed-blade knife is any knife that features a blade the length of which exceeds 2.5 inches and which does not fold or close back in the handle, or any fixed blade knife that has a blade longer than 4 inches and which either does not fold or close (for example, by use of a sliding mechanism); or folds or closes into a cylindrical shape provided, however, that the cylindrical shape does not enclose an alteration mechanism. In order to fall within this definition and subsequently be legal to carry, a fixed blade knife must satisfy all of these requirements.
The infamous ‘sheath knife’ is considered a subset of fixed blade knives under California law. A sheath knife is defined as:
…[A] knife with a blade longer than 4 inches which is capable of being used as a stabbing weapon, often having a serrated edge usually found on the back side of the blade-and which is commonly worn sheathed or belted.
California law does allow for the possession of fixed blade knives, however, these knives can only be carried openly. Transporting fixed blade knives in your vehicle, or on your person concealed, is illegal. The transportation rule for fixed blade knives is that they can only be transported concealed in your locked trunk or some other inaccessible area.
Remember, this section only addresses fixed blade knives in California so if you would like to know whether a folder width or folding knife, or a disguised knife knife, is legal to carry read those sections of the California Knife Law Wiki. Fore more about fixed blade knives in general, you may find our general discussion on folding knives useful however this wiki was created specifically to address the questions applicants are asked on the Live Scan Firearm Eligibility Questionnaire and so it is worth methodologically working through that questionnaire.
Legal Carrying Practices for Fixed-Blade Knives
In most of the Orange County area, and California as a whole, fixed blade knives that are longer than 2.5 inches are prohibited by law when openly carried. Otherwise these knives are subject to "fixed blade knife" guidelines.
California knife laws in regard to fixed blade knives differ between open carry situations, and concealed carry situations. Knives that are able to be "worn" openly, must be kept in a sheath, holster or secured container in accordance with California Penal Code section 17235. California law punishes violations of Penal Code section 17235 that occur in the concealment or wearing of both fixed blade knives and folding knives alike. The penalties include misdemeanors punishable by up to six months in county jail and/or a fine not exceeding one thousand dollars ($1,000).
In most jurisdictions in California, knives with blades longer than 2.5 inches are illegal when carried openly. The only exception to this is if you are carrying the knife to or from a knife shop, knife show, or exhibition, or if you are carrying the knife properly secured in a locked container in accordance with this section. When carried concealed, knives longer than 2.5 inches are otherwise subject to the guidelines that follow.
Concealed knives – this includes all knives that can be hidden on the person when being carried, such as knives in your pocket or in your purse, knives that are attached to key chains, or inside belt buckles. A concealed knife may be worn in a sheath that is strapped to your body, or in an open and exposed sheath or holster down your leg. Knife sheaths or holsters that are placed down your leg, or concealed by other articles of clothing are illegal. However, your knife may be placed in a pocket, jeans, or other article of clothing. The only other restriction is that the person is not wearing the knife in a prohibited place, like a school ground.
Illegal knives when travelling over land – These apply to "dirks," "daggers," "stilettos," "throwing knives," and other "fixed blades" that are typically the types of knives that police usually tend to ticket people for:
Penal Code section 21310 makes it illegal when travelling to carry or transport on one’s person any "dagger," "dirk," or stiletto, in either a concealed or unconcealed manner, in a car, truck, motorcycle, backyard, or anywhere else over land that is not "open carry." Punishment for violations include a two (2) to four (4) year felony offense, and double the penalties if the person carries a deadly weapon during the commission of a felony or attempted felony, even if the deadly weapon is not used during the commission of that felony. In California courts, a "dagger," "dirk," or stiletto includes any "fixed blade knife" with a two (2) or more inch blade, which is broadly interpreted to include spearheads, ice picks, box cutters, knives with sharpened assorted points, and knives with sharpened blades that can double back on themselves.
Fixed-Blade Knives in Public Places
The laws for possessing fixed blade knives in public spaces are very clear. It’s against the law to carry any type of knife in a public place or school grounds. What is not so clear are the punishments for breaking the law. Realistically, carrying a fixed blade knife is generally not going to get you into any real trouble unless you’re carrying a knife like a large dirk or stiletto compactly on your person.
Having a fixed blade knife exposed on your person (like on your hip or waist) while in a public place is going to get you busted by a cop. These types of knives are considered deadly weapons – and carrying one is a felony. However, if you happen to have the knife displayed in a public place (like at an event) you could possibly get a misdemeanor on your record. Again, it depends on what kind of fixed blade knife you have, how it’s displayed on you, and where the event is happening.
Remember, California law states that you are not allowed to have a fixed blade knife anywhere in a school ground. You’ll face a felony charge even if the knife is in your car on school property. The penalty includes a minimum of 1 year behind bars, and/or a fine of no more than $10,000.
Fixed blade knives are not allowed in government buildings. If you are found with one on your person, or in your vehicle parked on the premises, you face a misdemeanor charge. It’s still a serious offense – and there are minimum punishments which include: 1 year in county jail, and/or a fine of no more than $1,000.
Armed public events are like a free-for-all. Do people get arrested during these types of events? Yes. But, many people who exhibit very crude behavior with their knives get away without getting charged. Even at a public event where restrictions are enforced, it really depends on how the law enforcement officer approaches the situation. Remember – if you’re going to take your knives to public events – the best thing you can do is keep them in your car – locked, secured, and concealed.
Consequences for Non-Compliance
Violating CPC 21510 is considered a misdemeanor in California, punishable by up to six months in jail and/or a $1000 fine. This statute, however, isn’t always strictly enforced — or even "remembered" by police officers. Barring situations that involve the unintended use of an illegal knife, like bringing it accidentally to school, you may be issued a warning or a citation for a Municipal Code violation, instead of facing criminal charges for CPC 21510 (or another knife-related crime).
But if you actually use an illegal knife to hurt someone, said knife could be considered a "deadly weapon" for intentions of Penal Code 245(a)(1) assault with a deadly weapon charges instead. Furthermore, plea deals in other crimes — like assault or robbery — could also involve a conviction for penal code 21510 . After all, if the victim recalls that the attacker was wielding a switchblade knife with a 4-inch blade, that’s what they’ll remember when pressed by the police weeks later. Of course, it’s much more likely that a local prosecutor would actually consider offering a bargain deal to a defendant who has no prior criminal history, especially if the high dollar value of the stolen items makes even a felony robbery conviction unlikely to stick.
When CPC 21510 is a felony, California Penal Code 12022(d) criminal enhancement provisions could add an additional one year to the prison sentence if any felon used the knife during the commission of a homicide, robbery, carjacking, rape, oral copulation with a person under age 18, sodomy with a minor, sexual penetration of a minor, or infliction of great bodily harm.
Exemptions and Special Considerations
Exceptions and special cases are very few when it comes to knives that fall under California’s fixed blade knife laws. Circumstances that elevate the typically permitted length of a knife especially are rare enough to be worth noting here.
That said, several exceptions specifically for the hunting and fishing industry as well as professionals like butchers and some types of welders may need to be outlined.
Rivers, lakes, freshwater, and saltwater are all open to fishing provided that you are mindful of the limits on length and species of catch. The following knives are permitted under California law for these purposes:
- A gaff
- Any other knife not exceeding 12 inches
- Either a knife or gaff that is required for the user’s profession or occupation, such as a butcher’s knife, fisherman’s gaffe or butcher cleaver
California law does go on to clarify that a hook or gaff does not have to be a specific type made to catch certain types of fish or be inspected by representatives of the California Department of Fish and Game. It can be one that simply fits the requirements above under the category of "any other knife."
Further, a knife permits are not even needed for any device if it is carried openly by a law-abiding citizen and used exclusively for "duly licensed hunting, fishing, or trapping." This designation is further clarified in California Penal Code Section 25850 which says that no permit is needed for the possession of a dangerous weapon lawfully transported to or from a licensed place of business or during any activity incidental to a lawful employment or business.
An exception is the knives that are collected or used by a newspaper or TV photographer in the field, for the purposes of capturing images of newsworthy events in the field such as hunting season.
An exception further for TV news photographers in the field permits the use of any other knife otherwise prohibited while engaged in the activity of gathering news, samples, or photographs. However, this exception does not allow the photographer to go to an area solely for the purpose of gathering news. They must also be recording news while they are there.
For employable professionals directly related to the butcher and fish or deer catching industries, a knife or gaff is permitted under California law if the blade is only 9 inches or less. This includes but is not limited to employable professionals such as:
- Butchers
- Cooks using knives
- Chefs on restaurant properties
- Safari hunters
Also, a knife designed only as a welding instrument, if manufactured solely for that purpose, is permitted. However, the flat and blunt design specific to these instruments do not allow them to be labeled "dirk knives" or "dagger knives."
Keeping Track of the Latest Knife Laws
With recent developments in California knife laws, staying informed about any legislative changes is more important than ever. This not only helps ensure that knife owners are lawfully prepared , but that local and state law enforcement officials are correctly interpreting the current law when dealing with citizens on fixed blade knife related matters.
KnifeNews Channel offers a free weekly newsletter that provides updates on proposed and enacted legislation in California and across the nation. Another good source for updates on legislative changes in California is BladeMagazine (California Knife Laws page). These resources will keep you informed of any change in legislation so that you can be fully prepared.
There are some other California Fixed Blade Knife Law Resources worth checking out:
