Was there a change in California law this past year

butterflyknives · Nov 13, 2012

well im asking this question because floormate( a legal studies major) told me that my cold steel voyager knife(4in. model) was illegal for me to carying for two reason.( he saw me cutting some fruits and other foods with my knife for some friends) first reason was blade length and that in california carrying any knife over 3in. for anypurpose was illegal (including camping according to him) and the second reason was that it was considered a switchblade because it can be opened with one hand.
when i ask him what codes in california stated this. He responded that its california man as his answer.
I can not find anything about blade length in california on knife carry( except in certain circumstances such as k-12 schools is 2.5 in. and 4in. limit in public event places and switchblades are legal for carry under two in.)
so has there been a change in law because i carry over three in blades for edc regularly and never had a problem with police.(some even asked me where they could get a knife like mine)
when i told him that he said well you were just lucky you didnt get arrested when i should have

Aias · Nov 13, 2012

none that I have seen... I thought it was as you stated--but if anyone has new info, please share.

killgar · Nov 13, 2012

No offense, but your floormate is an idiot.

Like many, it sounds like he is pulling laws out of his ass or simply repeating what he heard some other ignorant person say. This is quite common and a primary reason that inaccurate "legal" information gets spread.

If Californias state knife laws had been changed my lawyer would have informed me. He's not a "legal studies major", he's a criminal defense attorney.

Do know however that some cities/counties have length limits on openly carried knives. For example, in Los Angeles it is illegal to carry any knife with a blade 3 inches or longer in any visible manner (including clipped inside your pocket), but no length limit on conceald folders (sounds strange, but that's the way it is). However, if you are openly carrying a knife with a blade 3 inches or longer, and you have a "legitimate" reason for doing so (work related, camping related, etc) then you are ok.

On the other hand, down here in San Diego there are no length limits on manual folders at all, openly carried or conceald. Nor are there any length limits on openly carried fixed-blades. And no "legitimate" reasons for carrying are required.

California law specifically describes what is and is not a switch-blade. The fact that a folder can be opened with one hand does NOT make it a switch-blade.

With information like your floormate is giving you I wonder if he is flunking his class.

Aias · Nov 13, 2012

Thanks killgar; the way I understand it--if it is clipped to my pocket but my shirt/jacket, etc is covering it, I'm technically OK... is that your understanding as well?

killgar · Nov 13, 2012

Aias said:
Thanks killgar; the way I understand it--if it is clipped to my pocket but my shirt/jacket, etc is covering it, I'm technically OK... is that your understanding as well?

If you are talking about carrying a folder in Los Angeles, yes. You can carry any size folder as long as it is not visible to others. If the knife is conceald by clothing and NOT visible then you are within the letter of the law. Of course if your clothing moves causing the knife to become visible and a cop sees it, then it will be considered in plain view.

As far as fixed-blades, it is illegal under Californis STATE law to carry any fixed-blade, of any size, conceald.

As always, remember that not every cop knows the law. If a cop doesn't know the law (possibly a rookie), or just wants to hassle you, they might give you a hard time even if you are within the letter of the law. To help prevent this I always advise what my lawyer advised me to do long ago, know the law, know your rights, and carry a print-out of your local knife laws to show a cop if necessary. Also, if a cop wants to hassle you or says he's going to confiscate your knife, ask to have his superior officer present (there's usually a superior officer driving around in a patrol car). A superior officer is more likely to know the law and less likely to violate your rights.

butterflyknives · Nov 13, 2012

Thats for the information. cause ive been getting hassles from him about for a while now ( though the funny part is im the one he goes to when ever he needs a knife or some other tool because i was the only one on my floor to bring and tools)

Aias · Nov 13, 2012

Thanks again Killgar.

acourvil · Nov 15, 2012

Actually the laws did change: the laws related to knives were re-organized and re-numbered. The provisions of former 653k are now carried in other sections. But my understanding is that there were no substantive changes.

ghostpoo · Nov 23, 2012

Alright no.point in me making a new thread is my boker kalashnikov auto full size or mini illegal to conceal ? I carry the mini or full size each other day. I do go to the post office on a weekly basis. I donor flash my knives around publicly.
Oh im in.California

killgar · Nov 23, 2012

ghostpoo said:
Alright no.point in me making a new thread is my boker kalashnikov auto full size or mini illegal to conceal ? I carry the mini or full size each other day. I do go to the post office on a weekly basis. I donor flash my knives around publicly.
Oh im in.California

I just re-read the swichblade laws in Californias penal code, specifically penal code 21510, and basically it states- It is illegal to carry any switchblade with a blade 2 inches or longer on your person, or in the driver/passenger area of a vehicle. It is also illegal to sell, trade, give or lend such a knife to another person.

So basically, if you have a switchblade with a blade 2 inches or longer, and if you don't leave it at home, you will be in violation of the law.

As far as taking your chances by carrying it, why risk it? Consider the following, if you take the knife out to use it, even discreetly, and some easily frightened, paranoid person sees you do so, if they call the cops on you (perhaps embelishing the story as frightened people sometimes do), and if the cops should respond, you might find yourself in trouble. Stranger things have happened.

Also, if you are in a car accident, or hit by a car crossing the street, if the paramedics find the knife in your pocket, they might hand it over to the cops. And yes, cops do place people under arrest even after they've been in an accident.

If you are caught carrying an item that state law considers to be an illegal weapon, don't expect any sort of consideration or compassion.

Or, if the cops happen to see you on the street and you happen to match the description of someone they are looking for they would have the legal right to stop you and search you.

I suggest leaving the auto's at home and carrying a manual folder. I like auto's too but it's not like they offer any advantage over a manual folder.

5.56 · Nov 23, 2012

killgar said:
No offense, but your floormate is an idiot.

Like many, it sounds like he is pulling laws out of his ass or simply repeating what he heard some other ignorant person say. This is quite common and a primary reason that inaccurate "legal" information gets spread.

If Californias state knife laws had been changed my lawyer would have informed me. He's not a "legal studies major", he's a criminal defense attorney.

Do know however that some cities/counties have length limits on openly carried knives. For example, in Los Angeles it is illegal to carry any knife with a blade 3 inches or longer in any visible manner (including clipped inside your pocket), but no length limit on conceald folders (sounds strange, but that's the way it is). However, if you are openly carrying a knife with a blade 3 inches or longer, and you have a "legitimate" reason for doing so (work related, camping related, etc) then you are ok.

On the other hand, down here in San Diego there are no length limits on manual folders at all, openly carried or conceald. Nor are there any length limits on openly carried fixed-blades. And no "legitimate" reasons for carrying are required.

California law specifically describes what is and is not a switch-blade. The fact that a folder can be opened with one hand does NOT make it a switch-blade.

With information like your floormate is giving you I wonder if he is flunking his class.

+1

I carry whatever length I want, no autos or balis though.

Fixed blades have to be fully exposed, but I wouldn't recommend them unless you like talking to cops.

grand594 · Nov 23, 2012

From my understanding, as far as northern California is corcerned, it is legal to carry and conceal a flooding knife with a blade less than 4". If the blade, measured from the forward most tip of the bolster to the tip of the blade is greater than 4" it must be exposed (clipped to the pocket IS exposed). However fixed blades my ONLY be carry in public when in a sheath attached to the belt and in plain open view. I have heard no limitation on blade length. However if you are approached by an LEO, have a justifiable reason for carrying said fixed blade, and more often than not, you willbe asked to leave whatever public place you are or you could be cited for being a public nuisance. There's my two cents.

ghostpoo · Nov 23, 2012

5.56 said:
+1

I carry whatever length I want, no autos or balis though.

Fixed blades have to be fully exposed, but I wouldn't recommend them unless you like talking to cops.

So the 4" fixed blade I carry under my pants on my ankle is illegal too? Man I'm just itching to get in trouble. Alright no more concealed auto carrying. But I am going to continue to keep my fixed knife on my ankle as I have been for 10 years w/o confrontation. Time to find some manual folders yes sir eee

killgar · Nov 23, 2012

grand594 said:
From my understanding, as far as northern California is corcerned, it is legal to carry and conceal a flooding knife with a blade less than 4". If the blade, measured from the forward most tip of the bolster to the tip of the blade is greater than 4" it must be exposed (clipped to the pocket IS exposed). However fixed blades my ONLY be carry in public when in a sheath attached to the belt and in plain open view. I have heard no limitation on blade length. However if you are approached by an LEO, have a justifiable reason for carrying said fixed blade, and more often than not, you willbe asked to leave whatever public place you are or you could be cited for being a public nuisance. There's my two cents.

There is California state law, and then there are local laws (county, city). I don't know all the local laws, but I do know state laws (and I have a lawyer to advise me on such matters as well).

State law allows the open or conclead carry of any size manual folder. If carried conceald, it must not be carried with the blade in the open and locked position.

As far as fixed-blades, it's legal to carry any type, any size, as long as it it in plain view and can be recognized as a knife. Because it is legal to carry such an item in such a manner it is not necessary to provide any justification to LEO's as to why you are carrying it. Of course this doesn't garuntee that the cops won't hassle you, but it's just as possible that they will hassle you because of how you are dressed, or several other non-criminal factors.

I've carried a fixed-blade openly here in San Diego for several years, many cops have seen me do so and none of them have ever said a negative word about it or given me any hassle. And being a biker, I don't exactly look like a law abiding citizen. But of course, personal experiences will vary.