Ca law on Balisongs?

T

twong

Joined
Dec 15, 2003
Messages
50
Until recently I had no doubts that balisongs are illegal to have, buy, or sell in California.

What is raising my doubts now, is that I saw these knives for sale in a legitimate knife store in California. Has there been a recent(last 3 or 4 years or so) change in California law regarding owning or selling of this type of knife?

I have searched and could not find any recent law changes that state that they are legal, but theres got to be a reason the store is selling them again.
 
I moved out of California nearly 3 years ago, but I'm fairly positive that there's been no change: balisongs are considered switchblades. You can own them, you just can't sell them, carry them, or give them to another person, unless the blade is under 2" in length.
 
For your reference, here is California's Penal Code section on switchblades:

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.
 
So if I read this section of the California Penal Code properly, a resident of the State of California can own a "switchblade" knife with a blade length equal to or greater than 2.0". California residents just can't carry them outside of their homes, sell them to anyone, trade them to anyone, or give them away to anyone. Furthermore, California residents cannot purchase or take possession of "switchblade" knives from anyone inside the State of California without conspiring to commit a crime. But California residents MAY purchase "switchblade" knives from "foreign" sellers (i.e, sellers outside of the State of California) without committing a crime or conspiring to commit a crime provided the sellers' States of residence permit them to sell "switchblade" knives and the knives are shipped directly to the homes of purchasing California residents.

How am I doing so far?
 
bld522 to anyone with info on California Switchblade Laws!

bld522 to anyone with info on California Switchblade Laws!

Come in, anyone with info on California Switchblade Laws!

Over . . .
 
Also any laws regarding folders in CA. What is the law regarding folders that lock in place in CA (Los Angeles)! I am referring specifically to the CRKT Ryan 7. Thanks
 
Bld522 - You are correct about the 2 inch part, and I would agree with your discussion about what the law prohibits. Where I think you enter uncharted territory is in suggesting what California law might allow. Doubt you can find a definitive answer for that.

Tyrkon - Folders of any size are legal in California, but local ordinances vary. I know this question has come up before, suggest you use the search feature.

Best regards,

Argyll
 
Argyll said:
Bld522 - You are correct about the 2 inch part, and I would agree with your discussion about what the law prohibits. Where I think you enter uncharted territory is in suggesting what California law might allow. Doubt you can find a definitive answer for that.
Click to expand...
Right, Argyll. It's usually easier to determine what isn't allowed than what is, particularly when it comes to weaponry of any kind. It isn't my intention to carry an automatic knife. I'd just like to have some in my collection. The question is, how do I get them into my collection legally?

Based on the section of the Penal Code that JohnnyLightOn posted, it appears that California residents are not prohibited from simply OWNING automatic knives and that anyone from outside the State of California can legally sell and ship an automatic knife to anyone inside the State of California. So I'll just buy all my automatic knives from out of State and be content to do so. :)
 
Thanks Argyll! I will look into L.A. ordinances to be specific. I could have sworn that I read somewhere that "folders" were legal but not "folders that lock when opened". I will use the "search" feature to see what has been said here. Thanks again
 
Locking folders are legal under state law (assuming that they are not switchblades, balisongs, etc.) What you might be thinking of is the part of the penal code that says a closed folder is not a prohibited dagger.

Best regards,

Argyll
 
Just to add a little something and also clarification for myself as well.
I also found a store(paintball supply) that was selling butterfly knives openly. I asked the associate, who had previously worked for the local knife store what the deal was. He said that they are not illegal to sell, you just cant possess them in public places. In addition you can carry a swithblade if the blade is under two inches i.e. the "California Auto"
 
driveljay said:
He said that they are not illegal to sell, you just cant possess them in public places.
Click to expand...

Ah, but there's the rub. Technically speaking then you can't transport them home.

I must say for most people this really isn't a concern. If you're not the type whose house is likely to subject to police search, no one is going to care about what type of knife you have in the privacy of your home. (In your pocket on the street may be another matter.)

Best regards,

Argyll
 
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