What isn’t allowed is carrying it on your person in public
I have no idea what "sash style" means. I googled it and this came up
So, if you own one, it’s illegal to put in your pocket and carry it around on your own property? In other words, you can keep it, just as long as it doesn’t go into your pocket. Yeah, that’s kind of ridiculous. Pretty much unenforceable as well unless the cops got called to a domestic dispute and searched you and found it.Just for the sake of complete accuracy-
It's also illegal to carry a switchblade (blade 2" or longer) on ones person on private property, including in ones own home.
This is the result of an Appeals Court ruling from 2009, People v SC (a juvenile court case, so no name of defendant).
Notice how in statute 21510, under part (b), it only says "Carries the knife upon the person", with no mention of public or private property/places. Link-
In People v SC, Mr. SC was found to have a switchblade on his person (in a pocket) while on private property. He was arrested, convicted, and appealed. He tried to argue that the "public place" reference in part (a), which refers to a switchblade in a vehicle in a public place, should also apply to part (b), carrying a switchblade on ones person, and that since he was carrying on private property rather than a public place that his conviction should be overturned.
But the Appeals Court did not agree, ruling that because part (b) doesn't specify public or private property, that it applies to everywhere in the state, including in ones own home.
Here are some quotes from their ruling-
"we conclude the statute is violated any time a person carries a switchblade knife on his or her person, regardless of where the possession occurs".
"A switchblade carried on the person represents a constant threat to others, whether carried in public or in private".
"A switchblade carried at home, for example, is dangerous to family members and house guests during an argument".
This is one of the most boneheaded rulings that I have seen the California Appeals Court make. But on the bright side, there is language in that ruling, that in my opinion, confirms ones legal right to possess "switchblades" (blades 2" or longer), in the state of California.
Here is a link to their ruling- https://law.justia.com/cases/california/court-of-appeal/2009/a123371/
Note: That ruling refers to section 653k, which was the switchblade statute in 2009, California later changed how they numbered penal code statutes. Section 653k was changed to 21510.
So, if you own one, it’s illegal to put in your pocket and carry it around on your own property? In other words, you can keep it, just as long as it doesn’t go into your pocket. Yeah, that’s kind of ridiculous. Pretty much unenforceable as well unless the cops got called to a domestic dispute and searched you and found it.
+1I edc a 4 inch folder in Los Angeles County. I have not encountered any issues. Your experience might be different. I make sure the clip is exposed, I don’t open it unless I’m cutting something.
There are many knowledgeable members here.. someone will chime in soon
As I was scrolling down....I came upon this picture and was like "WTF!?" Thanks for the LMFAO!I have no idea what "sash style" means. I googled it and this came up
^ ThisHere is another quote from the ruling regarding part (b) of 653k/21510-
"the language makes it a violation for a person simply to "carry upon his or her person" a switchblade knife. By having the knife in his pocket, thereby carrying it on his person, appellant violated the plain language of this clause".
Although it's a dumb ruling, at least they were very specific about "carrying" the knife "on ones person", and referencing "in his pocket", which is quite different than having a switchblade in a drawer/display case/safe/box/etc.
And I agree that it would be highly unlikely that a person would ever get caught carrying on their own property. And it's a misdemeanor, which isn't nothing, but as long as a person wasn't engaged in criminal activity, or giving the cops a hard time I doubt they would want to go through the hassle of an arrest and paperwork. But still, if I knew there were going to be cops on my property, I wouldn't want to have a switchblade on me in a way that they could see it.
I have to plead ignorance. I never knew that this part (bolded), was part of the auto/switchblade laws here in California. And now that I do know, I honestly don't care.Knife Rights has just filed a lawsuit challenging California’s switchblade ban. Hope that effort is a success.
Personally, I think they should save a lawsuit like that for one of the remaining states that ban possession outright.
You can actually own a switchblade over 2” in blade length privately in your place of residence in California. What isn’t allowed is carrying it on your person in public, storing it in your car, and selling, lending or giving it away to someone else.
akti.org/state-knife-laws/california/Woah, woah, woah, the wording is so nuts in regards to this California law. Can't even store in one's car in one's own garage? What if it's a vintage switchblade stored in an old restored VW that always remains parked in the garage? Mind blowing.
Then you can't even put the knife in your pocket? Well, guess I can now be open to collecting 8 ounces and above given have to keep them on the dresser or display case.
What I'd really like to know is, and I've contacted a few DA's and lawyers but so far none have provided advice because they can't technically provide "legal counsel" regarding this issue. This issue is whether or not switchblades or OTF's can be used legally in self-defense situation on one's own property/premises?
Let's say hypothetical, you are hanging with the fam watching a movie and all of a sudden at 10:30pm at night a few loud knocks hit your door. You get up to see who it is at this hour and lo and behold 3 masked guys all decked out in gear want you to open your door. I'm no gun owner but often carry a good sized knife on me. Or, let's say you're watching tv and all of a sudden a ski-masked fellow barges in at 3pm and all you have is that legal but illegal auto in your pocket. If push came to shove, could you use this knife in self-defense to protect you or your family? I ask this because I'll often have an auto on me over a manual, however whenever out the house, will always choose the manual.
Anyone have background in prosecution or defense?