Copied from the California CCW website:
Under California state law, non-switchblade pocket knives that are concealed in the closed position can be legally carried, concealed or open-carry. Fixed-blades must be carried openly. Knives that are disguised as something else (belt buckle, shotgun shell, etc.) are completely banned. Switchblades may be owned privately in the home, but not street-carried; while not specified, most people assume that transport is legal on the same basis as a gun: locked in the trunk in a locked container. Cane swords are completely banned.
SECTION ONE: THE SWITCHBLADE/LEGAL FOLDING KNIFE RULES
WHAT'S LEGAL:
Your lockblade folding knife should have a thumbstud, thumb"hole", thumb "disk" or similar push-thingy, so long as the "thingy" is attached directly to the blade (versus on the grip and linked up via a gearbox of sorts). It should not have a spring that does ALL the opening (yes, the Kershaw Ken Onion series seems to be OK). And finally, the blade needs to have at least some tendency to stay closed in the pocket or whatever bias a "bias towards closure" or "detent" (discussed in more detail later in this chapter).
As long as it's got all that, and the vast majority (including all eight knives discussed at the bottom of this document) do, it cannot be "declared a gravity knife or switchblade" even if you can snap it open with relish
. And you can carry it concealed so long as it's concealed in the FULLY closed position, or open-carry if that's your thing (not recommended for BIG stuff, in case you happen on a town with a funky local ordinance or a really cranky cop).
There's no length limit. Seriously
.
THE DETAILS:
The rules on "what is a legal pocketknife versus a switchblade" are contained in Penal Code 653k. In it's entirety (current effective 1/1/2002):
653k: Every person who possesses in the passenger's or driver's area of any motor vehicle in any public place or place open to the public, carries upon his or her person, and every person who sells, offers for sale, exposes for sale, loans, transfers, or gives to any other person a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor.
For the purposes of this section, "switchblade knife" means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. "Switchblade knife" does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position.
For purposes of this section, "passenger's or driver's area" means that part of a motor vehicle which is designed to carry the driver and passengers, including any interior compartment or space therein.
The really weird part is that 1.9" switchblades are legal. Per Federal law, such a short switchblade is still a switchblade, and cannot be sold across state lines to somebody not a cop or military. So there's a small but thriving business in making 1.9" switch-blades in-state, so that they can be sold without Fed oversight (not involved in interstate commerce). Once you buy one, you can carry it like any other legal folder - in California. Take a shipment of 'em out of state and sell them to ordinary peons, and you're a Federal felon!
Until this year, Penal Code 653k was easier to understand. The requirement that the knife has a "detent or bias towards closure" is the trickiest bit, added effective 1/1/2002.
First, what are those?
A "bias towards closure" means that as you close the knife, very slowly and gently, the blade will be "sucked into the grip" during the last bit of travel.
A "detent" means that when closed, the knife wants to stay that way because there's a ball bearing dimple pressing into a matching tiny socket in the blade, or there's some other mechanism that makes travel "stiffer" for the first short period of blade travel from closed to open.
Presence of either one of these, to ANY degree, means it's not a switchblade even if it's possible to "snap the knife open".
How do I know that?
Last year, a bill known as SB274 passed, which added the "detent or bias towards closure" language. At the Assembly Safety Committee hearing, several pro-self defense folks (myself, Nadja Adolf, Jason Davidoff) were there to complain about the idea that any knife that could be "flicked open" would be banned - as was originally in the statement of legislative intent prepared by the state DA's association.
To demonstrate the "point", I displayed a selection of high quality knives, and explained that simply by nature of their quality, they can be snapped open. Asking permission of the kindly old lady sitting next to me first, I demonstrated by snapping open a Chris Reeves Sebenza worth about $250, and laid it on table as I spoke. I managed to avoid freaking anybody out, and explained that the bill ran the risk of declaring hundreds of thousands of state residents felons.
It's a good thing I was polite to the lady - she turned out to be State Senator Karnette, author of the bill <GRIN>.
After that meeting, the bill continued on track, but Senator Karnette listened, and wrote a new statement of legislative intent! Because it was crafted after the DA association letter, and because it was written by the bill's author, it overrides all other memos on the bill's intent.
Without further ado, here's the memo:
Published in the July 18, 2001 edition of the Senate Daily Journal on page 2070.
DRAFT - LETTER TO THE SENATE DAILY JOURNAL
July 5, 2001
Mr. Gregory Schmidt
Secretary of the Senate
Dear Greg:
The purpose of this letter is to express the Legislatures intent in enacting my SB 274, which makes amendments to Penal Code Section 653k.
Section 653k makes it a misdemeanor to make, sell or possess upon ones person a switchblade in California. The statute was enacted in 1957 and provides a length definition of a switchblade knife. In 1996, AB 3314 (Ch. 1054) an exemption was created for one-handed folding knives. Recently, there has been concern that the language of the exemption is broadly read to apply to knives that are essentially switchblades, but are designed to fall under the language of the exemption.
In order to ensure that only legitimate one-handed opening knives are covered, SB 274 narrows the language to only allow knives to fall under the exemption from the switchblade law if that one-handed opening knife contains a detent or similar mechanism. Such mechanisms ensure there is a measure of resistance (no matter how slight) that prevents the knife from being easily opened with a flick of the wrist. Moreover, a detent or other mechanism is prudent and a matter of public safety as it will ensure that a blade will not inadvertently come open.
Although some one-handed opening knives can be opened with a strong flick of the wrist, so long as they contact a detent or similar mechanism that provides some resistance to opening the knife, then the exemption is triggered. These knives serve an important utility to many knife users, as well as firefighters, EMT personnel, hunters, fishermen, and others utilize one-handed opening knives.
The exemption created in 1996 was designed to decriminalize the legitimate use of these extremely functional tools by law-abiding citizens. SB 274 is not intended to interfere with those knife owners and users. The amendments to Section 653k accomplish this important purpose by establishing more objective criteria for determining whether a knife meets the intended exemption to the switchblade law.
Sincerely,
BETTY KARNETTE
Senator, 27th District
Nowhere in PC653k is there a length limit. My daily-carry folder has a blade 5.45" long.
