Is It Illegal to Carry a Knife in California? Penal Code 21310 and Dirk or Dagger Charges Explained
Is Carrying a Knife Illegal in California?
The short answer: carrying most knives is legal in California, but how you carry them and where you carry them can make it a crime. The main statute, Penal Code section 21310, makes it a crime to carry a concealed dirk or dagger on your person, and because the definition of dirk or dagger in Penal Code section 16470 includes any fixed-blade knife and any folding knife with the blade locked open, a kitchen knife in a jacket pocket can be charged as a felony. Switchblades with blades of two inches or longer are restricted under Penal Code section 21510, and separate statutes cover schools, public buildings, airports, and courthouses. This guide explains what prosecutors in Riverside, San Bernardino, Victorville, and Los Angeles must prove, the defenses that work, and what a conviction does to your record. Gramling Law Group defends weapons charges throughout Southern California.
How these cases usually start. Almost no one is arrested for carrying a knife on purpose. The knife is found during a pat-down after a traffic stop, during a search incident to an arrest for something else, at a probation search, or when an officer sees the clip of a folding knife on a pocket and asks about it. That means the legality of the stop and the search is often the first and best defense, which is why our guides to Can Police Search Your Car in California? and What Is a 1538.5 Motion and When Can You File One? are the right place to start.
What Counts as a Dirk or Dagger Under Penal Code 16470
The definition is broader than the name suggests. Penal Code section 16470 defines a dirk or dagger as a knife or other instrument, with or without a handguard, that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. That covers fixed-blade hunting knives, kitchen knives, daggers, ice picks, sharpened screwdrivers, and similar objects. The statute then carves out folding knives: a nonlocking folding knife, a pocketknife, or a folding knife that is not a switchblade is a dirk or dagger only if the blade is exposed and locked into position. A closed folding knife, even a large one, is not a dirk or dagger.
The locked-blade rule in practice. The California Supreme Court in People v. Castillolopez (2016) 63 Cal.4th 322 reversed a conviction where the defendant had a Swiss Army knife with the blade open in his pocket, because that knife had no locking mechanism and therefore was not "locked into position" even when open. The lesson is that a prosecutor charging a folding knife has to prove both that the blade was exposed and that it was mechanically locked, not merely open. Many officers write "knife, blade open" in a report without checking whether the knife actually locks.
Concealment and open carry. The crime is carrying a dirk or dagger concealed on the person. Penal Code section 20200 states that a knife carried in a sheath worn openly suspended from the waist is not concealed. A fixed-blade knife worn openly on a belt in Hesperia or Lake Elsinore is therefore generally lawful under state law, although some cities, including Los Angeles, have local ordinances restricting the open carry of larger blades in public, so check the local code before assuming open carry is safe everywhere.
The Elements the Prosecutor Must Prove Under Penal Code 21310
Four elements beyond a reasonable doubt. To convict you of carrying a concealed dirk or dagger, the prosecutor must prove (1) that you carried on your person a dirk or dagger as defined in Penal Code section 16470, (2) that you knew you were carrying it, (3) that it was substantially concealed on your person, and (4) that you knew it could readily be used as a stabbing weapon. The jury instruction for this offense is CALCRIM 2501. Each element is a place where the case can fail, and the paragraphs below take them in turn.
On your person. The statute reaches a knife carried on the body or in clothing. Courts have distinguished a knife in a bag that is not being worn, and in People v. Pellecer (2013) 215 Cal.App.4th 508 the Court of Appeal held that knives inside a backpack the defendant was using as a pillow were not carried "on his person." A knife under a car seat, in a glove box, or in a toolbox in the truck bed is not carried on the person either, although a vehicle may raise separate issues under other statutes.
Knowledge of carrying. The prosecution must prove you knew the knife was there. Someone who borrows a jacket with a knife in the pocket, or who forgot a box cutter from work in a backpack, has a real defense on this element. The California Supreme Court in People v. Rubalcava (2000) 23 Cal.4th 322 held that the offense is a general intent crime, so the prosecutor does not need to prove that you intended to use the knife as a weapon, but does need to prove that you knew you were carrying a concealed instrument that could be used to stab.
Substantial concealment. The knife need not be completely hidden. A knife tucked into a waistband under a shirt with the handle partially showing has been treated as substantially concealed, and in People v. Mitchell (2012) 209 Cal.App.4th 1364 the court upheld a conviction where part of the knife was visible. On the other hand, a knife in a sheath on a belt, in plain view, is not concealed. Body camera footage is usually the best evidence on this element one way or the other.
Knowledge that it could be used to stab. This element is rarely contested for a hunting knife, but it matters for unusual objects. A metal file, a sharpened piece of plastic, or a broken tool may or may not be something the person understood to be a stabbing instrument. The prosecutor does not have to prove you intended to stab anyone, only that you knew the object's capability.
Switchblades, Schools, and Other Knife Statutes
Switchblades under Penal Code 21510. Penal Code section 21510 makes it a misdemeanor to possess a switchblade with a blade two inches or longer in the passenger or driver's area of a motor vehicle in public, to carry one on the person, or to sell, give, or lend one. Penal Code section 17235 defines a switchblade as a knife whose blade opens automatically by a button, pressure on the handle, flip of the wrist, or gravity, but expressly excludes a knife that opens with one hand by thumb pressure on the blade or a thumb stud as long as it has a detent or other mechanism that biases the blade toward closure. That exception is why most modern one-hand folding knives sold in sporting goods stores in Riverside and Ontario are legal.
Knives at schools. Penal Code section 626.10 prohibits bringing onto a K-12 school campus or a college campus a dirk, dagger, ice pick, knife with a fixed blade longer than two and a half inches, folding knife with a locking blade, razor with an unguarded blade, and certain other items, with exceptions for food preparation, lawful occupation, and similar purposes. The offense is a wobbler. These cases often involve students and are handled with an eye toward diversion and school discipline rather than jail.
Public buildings, courthouses, and airports. Penal Code section 171b prohibits bringing certain weapons, including knives with blades over four inches with the blade fixed or capable of being fixed in an unguarded position, into state or local public buildings and public meetings, and courthouses and airports have their own screening rules. A knife forgotten in a bag at courthouse security in Riverside or Victorville is a surprisingly common way these cases start.
Generally prohibited weapons. Separate from ordinary knives, California bans a list of disguised and exotic edged weapons outright under Penal Code section 16590 and the sections it references, including ballistic knives under Penal Code section 21110, belt buckle knives under Penal Code section 20410, cane swords under Penal Code section 20510, lipstick case knives under Penal Code section 20610, writing pen knives under Penal Code section 20910, shuriken under Penal Code section 22410, and undetectable knives under Penal Code section 24310. Possessing, making, or selling these is a wobbler regardless of how they are carried.
Defenses to a Penal Code 21310 Charge
The knife was not a dirk or dagger. A closed folding knife is never a dirk or dagger. An open folding knife that does not lock is not one either under People v. Castillolopez (2016) 63 Cal.4th 322. A butter knife or a blunt tool that cannot readily inflict great bodily injury does not meet the definition. Get the actual knife inspected, photographed, and if necessary examined by someone who can testify about its mechanism.
It was not concealed. A knife worn openly in a sheath on the waist is excluded by Penal Code section 20200. A knife carried openly in the hand, clipped visibly to a pocket with the handle in plain view, or sitting on a car seat is not concealed on the person. The officer's own body camera often answers this question.
You did not know it was there. Borrowed clothing, a shared vehicle, a work bag packed by someone else, and a forgotten tool are all real-world scenarios that negate the knowledge element. Credibility matters here, which is why the client's statements at the scene matter so much, as we explain in Do Not Say This to Police in California.
The search was unlawful. If the knife was found during a pat-down without reasonable suspicion that you were armed and dangerous, during a prolonged traffic stop, or during a search of your person without probable cause or consent, a motion under Penal Code section 1538.5 can suppress the knife and end the case. The United States Supreme Court's rule from Terry v. Ohio (1968) 392 U.S. 1 permits a limited frisk for weapons only when the officer has specific, articulable facts suggesting the person is armed, and a frisk that was really a search for drugs or an excuse to empty pockets is a frequent weakness in these cases.
Lawful purpose and occupation. The dirk or dagger statute has no general "lawful purpose" exception, which is why a cook carrying a chef's knife in a backpack can be charged. The school and public building statutes do include exceptions for lawful occupation and food service. In practice, a documented work reason, no criminal history, and no aggravating conduct often persuade a Riverside or San Bernardino prosecutor to reduce or dismiss, as described in What Prosecutors Look At Before Filing Criminal Charges in California.
Penalties for Carrying a Concealed Dirk or Dagger
A wobbler. Penal Code section 21310 is a wobbler, meaning the district attorney can file it as a misdemeanor punishable by up to one year in county jail or as a felony punishable under Penal Code section 1170, subdivision (h), by a term of 16 months, two years, or three years. The filing decision is driven by criminal history, whether the knife was connected to any other conduct, and whether the person was on probation or parole. The difference between the two tracks is explained in Misdemeanor vs. Felony in California: What Is the Difference?.
Reducing a felony filing. Because the offense is a wobbler, a felony conviction can later be reduced to a misdemeanor under Penal Code section 17, subdivision (b), and a defense attorney can ask for that reduction at the preliminary hearing, at sentencing, or after probation. We cover the motion in How to Reduce a Felony to a Misdemeanor in California: Penal Code 17(b). A felony conviction for carrying a dirk or dagger is not a strike under the Three Strikes law, but it does carry the lifetime firearm prohibition in Penal Code section 29800 discussed in Felon in Possession of a Firearm in California: Penal Code 29800.
When the knife was used. If the knife was displayed in a threatening way, the charge becomes brandishing under Penal Code section 417, covered in Brandishing a Weapon in California: Penal Code 417. If it was used in an assault, the charge is assault with a deadly weapon under Penal Code section 245, subdivision (a)(1), covered in Assault With a Deadly Weapon in California: Penal Code 245, and personal use of a deadly weapon in a felony adds a one-year enhancement under Penal Code section 12022, subdivision (b)(1). A self-defense claim in a knife case is governed by the principles in Self-Defense in California Criminal Law.
Diversion and dismissal options. A misdemeanor dirk or dagger charge is eligible for misdemeanor diversion under Penal Code section 1001.95, which we explain in Misdemeanor Diversion in California: Penal Code 1001.95, and both misdemeanor and felony charges can qualify for mental health diversion under Penal Code section 1001.36, covered in Mental Health Diversion in California: Penal Code 1001.36. Successful diversion ends in dismissal. Otherwise, after probation a dismissal under Penal Code section 1203.4 is generally available, as described in How to Expunge a Criminal Record in California.
Collateral Consequences of a Knife Conviction
Immigration. A weapons conviction can carry immigration consequences, and a felony conviction raises the stakes further. Noncitizens should never accept a plea to any weapons offense without an immigration analysis, as explained in Immigration Consequences of a Criminal Conviction in California.
Firearms and licensing. A felony conviction brings the Penal Code section 29800 firearm ban. A misdemeanor conviction for carrying a dirk or dagger does not itself trigger a state firearm prohibition, but any conviction appears on background checks used by employers, security guard licensing, nursing boards, and the military. Service members stationed at Fort Irwin, Twentynine Palms, or March Air Reserve Base should also consider military diversion under Penal Code section 1001.80.
Probation and custody. Probation terms in knife cases routinely include a weapons condition prohibiting possession of any knife other than a kitchen knife at home, and a search condition. Both matter in a later family law case, because a weapons condition and a pending criminal case are things a family court can consider in custody decisions, as discussed in How a Domestic Violence Arrest Affects Child Custody in California.
How Knife Cases Move Through Southern California Courts
Where the case is heard. A Penal Code section 21310 charge from Riverside, Moreno Valley, or Corona is generally heard at the Riverside Hall of Justice, from Temecula or Murrieta at the Southwest Justice Center, from Victorville, Hesperia, Apple Valley, or Adelanto at the Victorville courthouse, from Barstow at the Barstow courthouse, from Fontana or Rialto at the Fontana courthouse, from Rancho Cucamonga, Ontario, or Upland at the Rancho Cucamonga courthouse, and from Los Angeles at the Clara Shortridge Foltz Criminal Justice Center or a branch courthouse such as Van Nuys, Pomona, Long Beach, or Pasadena. Orange County cases go to the Central Justice Center in Santa Ana or one of the regional justice centers. Confirm the courthouse on your paperwork against the court's current website. High Desert residents can start with our Victorville criminal defense, Hesperia criminal defense, and Apple Valley criminal defense pages.
The typical path. Most misdemeanor knife cases begin with a citation or a release under Penal Code section 853.6, an arraignment under Penal Code section 988 where a not guilty plea is entered, a discovery request for the body camera and the knife itself, and a pretrial conference where a suppression motion, a diversion request, or a reduction is negotiated. Felony filings add a preliminary hearing, described in What Actually Happens at a Preliminary Hearing in California, where the 17(b) reduction is often first requested. For an overview of the full sequence, read Charged With a Crime? What Happens Next in California Criminal Court and How to Get Criminal Charges Dismissed in California.
Frequently Asked Questions
Is it legal to carry a pocket knife in California?
Yes, generally. A folding knife that is closed, or that opens but does not lock, is not a dirk or dagger under Penal Code section 16470 and can be carried in a pocket in most places. It becomes a dirk or dagger only when the blade is exposed and locked open, and it is restricted at schools under Penal Code section 626.10 and in public buildings under Penal Code section 171b.
Is there a blade length limit for knives in California?
Not under state law for ordinary knives. California's dirk or dagger statute turns on concealment and the type of knife, not blade length. Length matters for switchblades, which are restricted at two inches under Penal Code section 21510, for school campuses, where fixed blades over two and a half inches are prohibited under Penal Code section 626.10, and for public buildings under Penal Code section 171b. Some cities also have local length rules for open carry.
Can I carry a fixed-blade knife in California?
Yes, if it is carried openly. Penal Code section 20200 provides that a knife in a sheath worn openly on the waist is not concealed, so an openly carried fixed-blade knife is generally lawful under state law. Putting the same knife in a pocket, a waistband, or under a jacket makes it a concealed dirk or dagger under Penal Code section 21310.
Is carrying a concealed knife a felony in California?
It can be. Penal Code section 21310 is a wobbler, so the district attorney can file it as a misdemeanor or a felony. First-time cases with no other conduct are usually filed as misdemeanors, and a felony filing can often be reduced under Penal Code section 17, subdivision (b).
Are switchblades illegal in California?
Mostly, if the blade is two inches or longer. Penal Code section 21510 prohibits carrying such a switchblade on your person or in the passenger area of a vehicle in public and prohibits selling or giving one away, as a misdemeanor. One-hand opening knives with a thumb stud and a detent are excluded from the definition in Penal Code section 17235.
Do I need a lawyer for a knife charge in California?
Yes. Even a misdemeanor conviction appears on background checks, and a felony filing carries jail exposure and a lifetime firearm ban. A lawyer can challenge the search, contest whether the object meets the dirk or dagger definition, and pursue diversion or a reduction. Daniel Gramling, Esq. offers flat-fee and limited-scope options for weapons cases.
Talk to a Southern California Weapons Charge Lawyer
Gramling Law Group defends knife and weapons charges at the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the San Bernardino Justice Center, the Victorville courthouse, the Rancho Cucamonga courthouse, the Clara Shortridge Foltz Criminal Justice Center in Los Angeles, the Central Justice Center in Santa Ana, and criminal courts throughout the Inland Empire, Los Angeles County, Orange County, and Southern California. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options so you know the cost before you commit. Call (909) 654-4575 or contact us through this website for a consultation.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
Related Guides From Gramling Law Group
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Charged with a weapons offense in the Inland Empire or the High Desert? See our Victorville criminal defense, Riverside criminal defense, and Los Angeles criminal defense pages, and our Inland Empire criminal defense landing page.
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