What Is a Folding Knife?
Folding knives, as the name suggests, are knives that can be folded to close them. They have a blade that is pivotally hinged and opens and closes with a mechanism. While this description may also encompass some knives that are not considered folding knives, like switchblades or Stiletto knives, we will use the term "fEDGE Knife" to describe the types of knives that fold, as described in PC 17235.
Most folding knives in California are not switchblades, which have a spring-loaded mechanism that instantly opens the blade upon a button press (such as an OTF knife). These are considered illegal under California law.
The clips on the bottom of many folding knives are considered convenient and helpful for the carrier of the knife as they allow easy, and often concealed, access to the knife from a pocket. That said, these clips are not required for the knife to qualify as a folding knife. Without this clip, you still have a fEDGE Knife, making the requirements for legal carry the same.
Many fEDGE knives are equipped with a thumb hole or stud that allows the user a seamless transition from inactive to active use of the knife. Occasionally these openings are open to the inside of the knife which can make the knife prone to unintentional opening when pointed with the palm facing down. The act of pinching and releasing the blade to close it can also cause injury in this position. It’s important to note that this hints at another definition of the fEDGE Knife apart from the California Penal Code definition. A practical definition of a folding knife is one that is specifically designed to fold closed for self-preservation or utility purposes. Therefore, using the thumb opening to open the blade in the case where you are using the knife for utility purposes, a fEDGE knife would still be a folding knife even without a technological edition .
Some use the common man’s definition of a folding knife to differentiate between "lockblade" knives and all others. The lockblade mechanism is one that incorporates a locking mechanism that prevents the blade from being closed unintentionally. Variants of a lockblade knife include the frame lock, liner lock, back lock and axis lock. While these knives have the added benefit of preventing unintentional injury, a typical lockblade knife would still meet the requirements of a fEDGE knife.
Common uses of folding knives include utility and camping, but a less common use that fits the fEDGE definition is for concealment. In situations where self-defense is high on the priority list, people must often decide between the riskiness of carrying a knife that is very clearly a knife, or hiding the knife in a way that makes it hard to access in a situation where you need one. Companies and individuals alike have designed mechanisms to conceal, yet easily access, the blade when needed. The "Tactical Pen" and the "Keyring" knife are two of the most commonly known examples of fEDGE knives that you will commonly find. Rarely are self-defense situations so foreseeable that the knife would immediately be needed for defense versus utility purposes. Taking into account all circumstances that require a fEDGE knife, it’s often the case that if you are aware that you may be attacked for some reason, your knife should probably be drawn before your attacker approaches you. The concealed knife is used for situations when the threat may or may not be premeditated and is used when simply brandishing your knife will deter the threat. In these situations, reaching into your pocket to grab your knife will take more time than grabbing it off your belt.
Overview of the California Knife Laws
The foundation of Knife Laws in California is made up from a variety of laws, statutes, and cases – some dating back to California Statehood, and others more recent. A thorough knowledge of each and every one is necessary in order to be a successful criminal defense attorney in a California knife possession prosecution, which is the type of case we commonly see. Cases like People v. Spriggs, 87 Cal. App. 4th 26 (2001) (defining switchblade); People v. Blake, 153 Cal. 4th 240 (2007) (defining dirk or dagger)
There are five main sources for California knife laws:
• State Statutes: The California Penal Code contains all state laws, with the exception of municipal ordinances, US federal law, and case decisions that either directly or indirectly address knife law in California. For example, one of the biggest direct sources is Penal code section 653k – which prohibits possession of a knife on school grounds.
• Municipal Codes: Local municipalities (cities, counties, and towns) can enact laws governing the use and possession of knives that are stricter than the state-level laws. For example, per Los Angeles County Municipal Code 16.70.040, it is illegal to carry a knife "capable of having a blade three inches or more in length" when you are on a roadway. In Los Angeles, the blade length is measured from the top of the handle.
• Federal Law: These are statutory laws created by the United States Congress. While there are few relevant knife-related laws that have been enacted on the federal level, they are worth mentioning in this article. For example, the Federal Switchblade Act, 15 U.S.C. Sec. 1243 prohibits the transportation of any switchblade knife across state lines.
• Case Law: Pursuant to the California Constitution, cases submitted to California’s appellate courts become binding law on a trial-court level. Therefore, when the superior courts render a decision in a bench trial, future prosecutions are bound to that decision as long as the facts of the new trial are the same. For example, in People v. Blake, the defendant was charged with possessing a "dirk or dagger," a violation of California Penal Code Section 12020. However, Judge Maloney found that a "dirk or dagger" is a "fixed bladed knife held parallel to the forearm with the tip pointed downward," and since the defendant was carrying a knife with the blade facing upward. The defendant was found not guilty.
Permissible Carry of a Folding Knife in California
In California, the general rule concerning legal carry of folding knives in a "permitted place of carry" is that it must be either open/concealed (with a permit) or in a locked closed container (like a locked hard case/container or in the trunk of the car). Can you carry a folding knife in your pocket? Yes, if you have a concealed weapon license. But if you do not, then the location of carry becomes important.
Many people with folding knives wonder if they can carry them to those places where certain knives may be prohibited. Knives are often prohibited entirely or partially in schools, universities, and many public buildings. In California, most of the 58 counties have their own ordinances. Simply put, we recommend you look up the local ordinances in your county. For example, some counties have placed restrictions on carrying folding knives on public transportation. In other words, whether foldable or not, many public transportation systems in California prohibit them as well as any type of knife.
The same would be true for carrying any folding knife within 150 feet from any facility in which public or private school children are assembled. In this regard, what constitutes a "school zone" is loosely defined, and various statutes could apply.
That said, the law follows public policy in that knives are inherently weapons. Like my grandmother would’ve said a "weapon is a weapon is a weapon." A knife is a knife whether it is spring-loaded, switchblade, dirk, or any other sub-classification. As such, make no mistake, folding knives fall under laws prohibiting dangerous and deadly weapons as well as switchblades – collectively and generally referred to by the law as "dirk and daggers." However, not always, and consequently you may have other knife laws not related to dirks and daggers apply to your circumstances.
With that, there are fortunately a few safe-havens with regard to legal carry of folding knives. Under California Penal Code Section 21710, folding knives of any length can be openly carried, in your hand or open on a table or seat when you are hunting or fishing, or at an established campground or picnic area, and possessory to his or her "primary house" or "fixed place of business." Note that the courthouse and many other public buildings and private property will be off-limits to permissible carry.
Bear in mind that government property is still governed by Federal law with regard to what is permissible to carry.
Impermissible Features and Actions
California Penal Code section 12020. (c) provides several prohibited features and actions associated with folding knives which may render them illegal to possess. These include:
- Switchblade – As mentioned in Chapter 1, a switchblade unlawful to possess is "any knife having the appearance of a pocket knife which opens by the release of a spring or other mechanical device …" for practical purposes, any folding knife that opens by pushing a button on the handle could be illegal to possess under this statute. Additionally, Penal Code section 21100 makes it unlawful to carry a switchblade knife concealed. Note: one recent court case has held that the act of pushing a button on a handle to open a folding knife is not "carrying" a concealed weapon as a matter of law. (See People v. Danforth (2009) 175 Cal.App.4th 184, 191, see also People v. Anderson (2008) 168 Cal.App.4th 222, 230-233.) The law is still unsettled for cases in which the blade is not immediately exposed when the button is pushed.
- Blade Length – A folding knife (except an "ordinary pocketknife" see above) is illegal if its blade length is two inches or longer, unless the folding knife is carried "open" (meaning the blade is exposed). If the blade is two inches or longer, but the knife is closed, it is illegal to possess. See California Penal Code section 12020(c)(27), section 12026 and former section 12027 and Section 17235. However, if the knife is carried "open" in a sheath or in the open position, it is legal and not subject to any length restriction. (The language of Penal Code section 653k makes the possession of any concealed dirk or dagger illegal, regardless of blade length. A folding knife with a fixed blade is therefore illegal concealed, regardless of length.)
- Operability – One of the biggest misperceptions about the folding knife law is that the folding knife must be operable in order to be legal. There is no mention anywhere in the statutory language that there must be a working mechanism for the folding knife to be legal. Thus, it would appear that as long as the knife is not a switchblade and is not concealed, it could be legal to possess regardless of whether it is operable. In fact, courts have found that scrappers and tools with broken folding blades are not illegal knives because they do not fall within the statutory definition of a "dirk or dagger." (See People v. Augustine (2004) 133 Cal.App.4th 1188, People v. Neese (1999) 70 Cal.App.4th 194, People v. Miles (2008) 44 Cal.4th 100, at 107, fn.8.) Note that there are certain weapons, such as brass knuckles, where the law requires it to be "operable" in order for it to be legal to possess.
Penalties for Violating the Rules
If you are in violation of California knife laws, you may be subject to arrest, fines and/or imprisonment. You will be charged with possession only and proper compliance with the law will be your defense. Knife charges are serious in California. Under Penal Code 17310-17315, illegal knives have some of the heftiest penalties in the book. The penalties can include a fine, a jail sentence, or both. Possession of a dirk or switchblade knife can be fined a minimum of $1000 up to $10,000. If the person is in possession of the dirk or switchblade pistol that is capable of being concealed upon the person, or is actually concealed upon the person’s body, it is a misdemeanor punishable by imprisonment in county jail for six months to one year , or by a fine not to exceed $1,000, or both. Even if you can prove that the knife was a folding lock blade and you believe you are complying with California law, you must still establish that you were not in violation in the first place. If you are found in possession of a dirk or dagger: 2 to 4 year felony, or, if your case is charged as a misdemeanor: 6 months or more in county jail and/or a $1000 fine, probation possible. If you are found to be in possession of a dirk dagger or ballistic knife while in a school zone, there are no exceptions even for folding knives. This is a violation of Penal Code 626.10 PC, which is usually charged as a wobbler. Even if you prove this to be a locking folding blade, using the same violations above, you will likely be convicted.
Recent Developments and Interpretations of the Knife Laws
In the past few years, California has seen a movement toward re-evaluating knife laws and their applications. Such efforts have been spurred by legal challenges to numerous statutes. These challenges have brought to light the need for legislative updates and concrete guidance on lawful carry.
The most significant change to California’s knife regulations is SB-61, a bill signed into law on July 1, 2019. SB-61 amended California Penal Code sections 16250(c) and 21310 to explicitly state that dirks, daggers, and stabbing knives "do not include folding knives because of the difficulty of accidentally closing a folding knife". This change effectively legalized the carry of otherwise illegal folding knives. This law is set to be codified on January 1, 2020, but "no tension" folding knives should be legal to carry starting July 1, 2019.
This law is particularly important because it clarifies the legality of all folding knives. Even knives designed for "tactical" or combative use, such as the infamous "Tanto" or "Karambit," are legal to carry-as long as the blade cannot be opened by inertia or gravity.
While SB-61 is significant, there has also been an overhaul of other laws in the last decade. In July of 2014, the Central District Court struck down California’s former ban on switchblades and folding knives with blades over 2 inches. In the wake of the 2014 decision, California switchblades and balisongs are now legal to sell, buy, or carry in the state.
In 2018 the Court of Appeals ruled in the case of People v. Yarbrough, holding that California Penal Code section 21510 does not apply to folding knives. This ruling paved the way for the legislature to draft SB-61.
It is also worth noting that the California Highway Patrol has interpreted SB-61 to mean that "no tension" folding knives are legal to carry. This differs from the San Mateo Sheriff, who has said they will arrest citizens with locking folding knives. If caught with a banned knife, it is advisable to contest the charge in court as opposed to fighting with officers.
Practical Advice for Carrying a Folding Knife
When it comes to practical and useful tips for folding knife owners in California, the most important thing to remember is to be mindful of the size and characteristics of the knife. As a rule, folding knives should be of a reasonable blade size. That means under a maximum length of 2 inches. Having a folding knife that has a serrated edge can be useful in certain situations, but it may violate the anti-switch-blade law if the knife has a thumb-activated opening feature. It’s recommended that knife owners refrain from using thumb-activated functions, as well as screwpegs and other methods intended to accelerate the folding mechanism of the knife. Additionally, knife owners should be mindful to ensure that the knife is not immediately accessible when they are carrying it. This means that, among other things, knives should not be displayed on the belt, shoulder, or anywhere else on the body.
Resources and Legal Support
With the potential for regulatory change on the horizon as the legislature considers SB 166, we recommend caution for all California knife owners to ensure compliance with evolving state laws. In the meantime, knife enthusiasts may find value in consulting existing resources that provide a wealth of information on California knife laws, including: California Knife Laws by KnifeUp, Knife Rights’ Model Knife & Tool Law, California Knife Laws by USKnifeBy::Post, Knife Rights SB 166 Analysis, Flashlight Knife Arrests in California – What you need to know if you get arrested for a switchblade knife. When in doubt , certified knife specialists or lawyers can help you avoid legal uncertainty. We recommend contacting one of the following organizations if you have more questions on California knife laws or wish to pursue legal help: KnifeRights.org, American Knife & Tool Institute, Knife Rights, ACLU of California, California Bar Association, California State Bar Association, State Bar of California – Find Legal Assistance, Legal Services of Northern California, Private Criminal Defense Attorneys, Public Defenders Office, City, County, and District Bar Associations in California. These resources can help clarify your rights, look out for your interests, and ensure that our state’s knife laws don’t come back to haunt you and your family.