CA Automatic/Ballisong Knife Law?

[andrewnakhlahca]

Hey y'all I was curious if someone could explain the laws on automatics and ballisongs CA.
I've heard from Cutlerylover and in the law books that you can own any size at home but can only carry 2.5" or smaller. But it seems that no one is even allowed to ship or sell them here. Anyone know more about this?

 

[killgar]

Here is a link to California penal code 21510 from California's official government website. This statute describes what is illegal to do with a switchblade with a blade 2 inches or longer-

http://leginfo.legislature.ca.gov/f...Num=21510.&highlight=true&keyword=switchblade

Under California law, butterfly/balisong knives are considered "gravity" knives, and "gravity" knives are included under the definition of "switchblades", link- http://leginfo.legislature.ca.gov/f...tionNum=17235.&highlight=true&keyword=gravity knife.

So CA pc 21510 also applies to butterfly knives.

It's illegal to carry them on your person (including on your own property), it's illegal to have them in the driver or passenger area of a motor vehicle, and it's illegal to sell them, etc.

Although it's illegal under Federal law to ship switchblades across state lines for purposes of "commerce" (as in- to sell them), many vendors still do it. I live in California, and I've ordered several switchblades here. And they have all been shipped to me with no issues.

 

[SW-EDC]

Although it's illegal under Federal law to ship switchblades across state lines for purposes of "commerce" (as in- to sell them), many vendors still do it. I live in California, and I've ordered several switchblades here. And they have all been shipped to me with no issues

Yup, me too. Some sites will only sell to military/law enforcement. I've bought from a few sites that don't mention anything about that.

As to carrying on private property, I find that a little ridiculous and have not confirmed that yet. My house and lot are mine, not the Governments. I'd have an issue if a LEO questioned that.

Also, over 2" in blade length illegal to carry but you can have in your home, any size auto you want. Hopefully someday this stupid law will be changed to allow carry. They are no more dangerous than any knife we can carry legally. Absolutely absurd.

 

[killgar]

Yup, me too. Some sites will only sell to military/law enforcement. I've bought from a few sites that don't mention anything about that.

As to carrying on private property, I find that a little ridiculous and have not confirmed that yet. My house and lot are mine, not the Governments. I'd have an issue if a LEO questioned that.

Also, over 2" in blade length illegal to carry but you can have in your home, any size auto you want. Hopefully someday this stupid law will be changed to allow carry. They are no more dangerous than any knife we can carry legally. Absolutely absurd.

Notice how section (a) of CA pc 21510 specifically says "in any public place or place open to the public" in regards to a switchblade in a vehicle, but section (b) makes no such reference to any specific place. If the lawmakers wanted to, they could have provided exceptions for carrying a switchblade on ones person while on private property, but they didn't.

Interestingly, since CA pc 21510 (a) specifically refers to "any public place or place open to the public", it would be legal to have a switchblade in the driver or passenger area of ones car if that car were in ones garage. Because a car in ones garage is not in any public place or place open to the public.

Some state laws apply only to public property, or government property, or school property, etc, and those laws will specify such information. But when no specific type of property is mentioned, the law applies to all property.

Unless otherwise specified in the law, private property does not provide any immunity from the law. For example, it is illegal in California to posses brass knuckles, with no mention of any specific types of property. As a result, it is illegal to possess brass knuckles everywhere in this state, including on private property, or in ones own home. There is case law of a guy being arrested and prosecuted for possessing brass knuckles in his home (discovered by police during an unrelated search), the individual was convicted of possessing "metal knuckles", and the conviction was upheld on appeal.

I'm not sure if there is case law on carrying switchblades on ones person while on ones own property, but like my attorney has said to me "Do YOU want to become the case law?". The smart answer to that question is "No".

Of course it's very unlikely that any LEO's are going to discover you carrying a switchblade upon your person while on your own property.

 

[SW-EDC]

Of course it's very unlikely that any LEO's are going to discover you carrying a switchblade upon your person while on your own property.

Agreed. My carry is generally in my backyard doing chores or inside my house.

Moral of the story to Mrs. Harris and our Governor. The way a knife opens is irrelevant as to how one is going to use it or for what they will use it for. A knife is a tool, nothing more.