(Added by Stats. See also, note 3. Penal Code 21310 PC provides, in relevant part – [A]ny person in this state who carries concealed upon the person any dirk or dagger is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. Examples. Every person who does any of the following with a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor: (a)Â Possesses the knife in the passengerâs or driverâs area of any motor vehicle in any public place or place open to the public. California Penal Code 21510 makes it a misdemeanor crime to carry, sell or have possession of a switchblade knife. you knew you had a switchblade on your person or in your vehicle, AND. California Penal Code Section 21510 PC makes it a crime for a person to carry, possess in public, sell, or transfers a switchblade that is two or more inches in length. CA Penal Code § 25100 (2017) (a) Except as provided in Section 25105, a person commits the crime of âcriminal storage of a firearm in the first degreeâ if all of the following conditions are satisfied: (1) The person keeps any loaded firearm within any premises that are under the â¦ Related Offenses. She keeps it with her at all times as a keepsake reminder of him.Jane has no interest in using the knife as a weapon. But just because you… or a police officer or a prosecutor… can open your knife with a wrist flick, that doesn’t automatically qualify the knife as a switchblade. imprisonment of not more than one (1) year. Operative January 1, 2012, by Sec. That amendment also added language exempting from the definition of switchblade knives containing a detent or other mechanism giving the knife a bias toward closure.44. It doesn't matter whether it's concealed or even if you wear it openly on a sheath on your belt. New York Copyright © 2020 Shouse Law Group, A.P.C. The federal change was made after intense lobbying efforts by knife owners, retailers and manufacturers, who were concerned that prior restrictions on switchblade possession were making pocket knives, as well as work and hunting knives, illegal. Massachusetts Exceptions are crimes committed on some federally owned properties, such as: The federal switchblade statute is set forth in 15 USC 1241 – 44. prohibited by Penal Code section 21510) is not a dirk or dagger unless. Penalties may vary for the possession of other restricted knives. 10 of Ch. ); People v. Lopez (2007) First Appellate District, Division One, No. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Writing in support of SB 274, the American Knife and Tool Institute wrote: “The exception for one-handed opening knives was designed to decriminalize the legitimate use of these extremely functional tools by law-abiding citizens. And if you carry a switchblade concealed on your person, you could be charged instead with a violation of Penal Code 21310, which prohibits carrying a concealed “dirk” or “dagger.”3 If you are convicted of carrying a concealed dirk or dagger, you could face up to 3 years in state prison. Penal Code sections 21510 and 17235 replaced Penal Code section 653k in prohibiting and describing a switchblade knife. introduce or transport a switchblade in interstate commerce. Art. California Penal Code Section 21510 PC: Carrying A Switchblade 1. US Tax Court A conviction carries probation, fines and up to 6 months of jail time. To help you better understand the laws relating to possession of a switchblade, our California criminal defense lawyers will explain the following: If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group. They were so pleasant and knowledgeable when I contacted them. Current as of: 2010. ), Alabama Definition and Elements of the Crime. Georgia - Penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in rule 5 of article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. According to this code section, it is illegal for a person to do any of the following with a switchblade knife: possess the knife in the passengerâs or driverâs area of any motor vehicle in any public place or place open to the public, Obviously, Los Angeles County has so many issues with weapons and guns that if the police catch you with a switchblade knife, theyâre definitely going to arrest you and charge you with that crime. It proposed modifying Penal Code 653k by adding language stating that to be exempt from the definition of a switchblade, a knife must have a detent or mechanism giving the knife a “bias toward closure.”. Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement. the blade of the knife is exposed and locked into position.] 711. See our related article on California’s laws on dirks and daggers. § 30510 As used in this chapter and in Sections 16780, 17000, and 27555, âassault weaponâ means the following designated semiautomatic firearms: We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California. Illinois § 21510 Every person who does any of the following with a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor: (a) Possesses the knife in the passengerâs or driverâs area of any motor vehicle in â¦ Terms Used In California Penal Code 21510. -California Penal Code Section 21510 makes it a crime to sell or carry a switchblade. The Health & Safety Code addresses most crimes involving marijuana or narcotics. Code, § 21510) - Free Legal Information - â¦ 2010, Ch. Evidence Act (1985, amended 2019) (English and French) CONTROL OF DEADLY WEAPONS [16000 - 34370] ( Part 6 added by Stats. After passage of the new law, law enforcement began finding imported knives possessed by criminals which appeared to meet the technical language of the exemption; namely switchblade knifes equipped with thumb studs which served no real purpose. If you or a loved one is charged with Penal Code 17235 PC & 21510 PC carrying a switchblade and you are looking to hire a criminal defense attorney for representation, we invite you to contact us at Shouse Law Group. Merriam-Webster Dictionary, 2013.See also, American Knife & Tool Institute. Penal Code 16600 PC — As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, “great bodily injury” means a significant or substantial physical injury. California’s “open-carry” law for dirks and daggers – Penal Code 20200, 6.4. Jane is arrested one night on suspicion of a DUI and the knife is found in her purse. a lack of cooperation with the police during your arrest. As a misdemeanor, carrying a concealed dirk or dagger carries possible penalties of: Under Penal Code 20200 – California’s “open-carry” knife law — you may carry a dirk or dagger on your person as long as it is: Folding knives that don’t meet the legal definition of a switchblade may also be concealed on your person, as long as they are carried in the folded position. 5. Art. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. You must adhere to these conditions in order to avoid going to jail… or returning to jail. To clarify the legislative intent behind the proposed amendment, Senator Karnette wrote a letter, dated July 18, 2001, which was read into the Senate’s official record. A judge may be more likely to sentence you to jail time and/or a fine if (s)he finds aggravating factors that may include (but are not limited to): If you are sentenced to summary probation, the judge will impose a number of conditions. Justia - California Criminal Jury Instructions (CALCRIM) (2020) 2502. Note that you do not need actually to hold or touch a switchblade in order to possess it. California Penal Code 21510 - possession of a switchblade; This statute prohibits carrying, selling, transporting, loaning or possessing a switchblade while in public or while in a motor vehicle. In fact, because it opens so easily, she keeps the handles tied shut with a ribbon. Your knife doesn’t meet the legal definition of a switchblade. possesses a switchblade in the passenger’s or driver’s area of a motor vehicle in a public place, or any place open to the public; sell, offer for sale, or expose a switchblade for sale; or. that may inflict great bodily injury or death. possess a switchblade on federal or Indian lands, or lands subject to federal jurisdiction; you are a member of the armed forces acting in the performance of his or her duty, or. Penal Code - PEN. 6.1. Possession of a Switchblade â California Penal Code 21510. You can find more information about California Criminal Codes on our FAQ page. Penalties for Violating California Penal Code 21510. A good defense attorney can make a huge difference in fighting your switchblade case. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. The definition of a switchblade under Penal Code 21510 PC is very specific. Please complete the form below and we will contact you momentarily. Other knives that fall within the definition of switchblade include “balisong” or “batanga” knives, also called “butterfly” or “fan” knives.6 These are folding pocket knives with two handles that counter-rotate around the tang. When Jane’s grandfather died, he left her a small butterfly knife, with a 3″ blade, which he got in the Philippines during World War II. Such mechanisms ensure there is a measure of resistance (no matter how slight) that prevents the knife from being easily opened with a flick of the wrist. We can provide a free consultation in office or by phone. 15 USC 1243 – Manufacture, sale, or possession within specific jurisdictions; penaltyWhoever, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), manufactures, sells, or possesses any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both. In re Gilbert R. (2012) California Court of Appeal, Fourth Appellate District, Division Three, No. imprisonment of not more than five years. Also, Penal Code section 21310 prohibits a carrying a concealed dirk or dagger. Over time the definitions of “switchblade knife” were expanded, to the point where it was arguably a crime for law-abiding citizens to carry knives for legitimate purposes. IV - States' Relations G045929 (holding that a knife with a detent mechanism that had loosened to where it provided only 85 percent of the resistance it achieved when the knife was new, still provided enough resistance to bring it within the plain terms of the exemption, even though it could be opened with a wrist flip. Fortunately, there are a number of legal defenses that a good criminal defense lawyer can present on your behalf. This might happen if the arresting officer or a prosecutor is able to open your knife one-handed with a sharp flick of his or her wrist, despite the presence of a detent. (c) Sells, offers for sale, exposes for sale, loans, transfers, or gives the knife to any other person. Although some one-handed opening knives can be opened with a strong flick of the wrist, so long as they contain a detent or similar mechanism that provides some resistance to opening the knife, then the exemption is triggered. Special restrictions on knives in public buildings and schools – Penal Code 171b and 626.1, 7. You didn’t know that you were carrying a switchblade. 18 USC § 1716 – Injurious articles as nonmailable. What is prohibited under Penal Code 21510 PC? However, it is still illegal to carry concealed utility or pocket knives if the blade is exposed and locked into position.9. Moreover, a detent or similar mechanism is prudent and a matter of public safety as it will ensure that a blade will not inadvertently come open. 711, Sec. 711, Sec. Under Penal Code 17235, a “switchblade knife” is defined as a knife which: or which is/are released by the weight of the blade(s) or by any type of mechanism whatsoever. A switchblade is sometimes referred to as an automatic knife, pushbutton knife, ejector knife, switch knife, Sprenger or Springer knife, or flick knife. 2010 California Code Penal Code Chapter 5. These can include (but are not limited to): In California it is legal to carry some… but not all… other types of knives on your person if they are openly worn. Due to the fact that switchblade knives can be dangerous weapons and easily concealed, California has put in place strict laws regulating the sale and possession of switchblades. Washington, US Supreme Court Under California Penal Code 21510, possession of a switchblade is a misdemeanor and its penalties are up to 6 months in county jail and/or up to a $1,000 fine. II - Executive Penal Code 626.10(a)(1) PC makes it illegal to bring any of the following onto a public or private school instructing children in grades kindergarten to 12: Violation of Penal Code 626.10 is punishable by up to one (1) year in county jail. Board of Patent Appeals, Preamble In response to such concerns, a 1996 amendment to California’s switchblade law — then Penal Code 653k — exempted from the definition of “switchblade knife” all knives designed to be opened with one hand via pressure on a thumb-stud or hole in the blade. The federal Switchblade Knife Act of 1958, 15 U.S.C.1241- 45, has had a similar history. Penal Code 20200 PC — A knife carried in a sheath that is worn openly suspended from the waist of the wearer is not concealed within the meaning of Section 16140 [air gauge knife], 16340 [cane sword], Section 17350 [writing pen knife], or 21310 [dirks and daggers]. Penal Code §653k  Fortunately, there are a number of potential legal defenses that can help you successfully fight California switchblade charges. Carrying a Switchblade - Penal Code 21510 PC. 3. Penal Code - PEN. Thus, most utility knives and folding pocket knives, regardless of length, are not switchblades under Penal Code 17235… as long as there is some mechanism that provides resistance to opening the knife. Art. CA Penal Code § 21510 (2017) Every person who does any of the following with a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor: (a) Possesses the knife in the passengerâs or driverâs area of any motor vehicle in any public place or place open to the public. North Carolina At the time, movies like West Side Story and Rebel Without a Cause were popularizing the image of a young delinquent with a switchblade or flick knife. [6th October, 1860]CHAPTER I INTRODUCTION Preamble WHEREAS it is expedient to provide a general Penal Code for Bangladesh; It is enacted as follows:- Title and extent of operation of the Code 1. Spring-blade knives, snap-blade knives, gravity knives and similar knives are also illegal switchblades under Penal Code 17235 PC. A criminal record can affect job, immigration, licensing and even housing opportunities. See, Bill Analysis by the Senate Committee on Public Safety, 2001-2002 Regular Session. 4. 6. ) VI - Prior Debts Misdemeanor penalties include up to 1-year county jail and/or up to a $1,000 fine. This is because she knows that her purse contains a knife that opens with no resistance and has a blade at least 2″ long. What is the punishment if a person is convicted? Specifically, if a switchblade has a blade two inches or more in length, it is a crime to: Violation of California’s switchblade laws is a misdemeanor offense, punishable by either: Unlike some other knives, which may be carried on your person if closed or if openly worn, switchblades may not be carried at all, even if the blade is not exposed.2 In other words, there is no “open-carry” exception to the switchblade laws. ... 21510. Punishment of loan, transfer, or give a switchblade to any other person. you have only one arm and the blade is three inches or less in length. It defines a “switchblade knife” as any knife having a blade which opens automatically by either: Under the federal switchblade law, it is a crime to: “Interstate commerce” means commerce between any State, Territory, possession of the United States, or the District of Columbia, and any place outside thereof.38. A conviction under PC 21510 can result in the following penalties: Fines of up to $1,000 Jail time of up to six months “Dirks” and “daggers” – Penal Code 16470 and 21310, 6.2. California Penal Code section 16140 PC and 20310 PC. A nonlocking folding knife, a folding knife that is not prohibited by Section 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position. Effective January 1, 2012, Penal Code 16965, 17235, and 21510 replaced, without substantive change, former Penal Code 653k. Art. you knew it had the characteristics of a switchblade. Sometimes, however, people with legal folding knives are accused of carrying switchblades. California Before you can be convicted for violating Penal Code 21510 PC, the prosecutor must prove that: The prosecutor does not need to prove that you used — or intended to use — the switchblade as a weapon.14 If you knowingly have a switchblade on your person… or in the interior cabin of a motor vehicle… you violate Penal Code 21510, even if you had no intention of using it as a weapon. Since the weapon is right next to your body, a prosecutor will most likely be able to prove you knew you had a switchblade on your person. Penal Code 21510 PC10 makes it illegal to do any of the following: The “passenger’s or driver’s area” is the part of a motor vehicle designed to carry the driver and passengers, including any interior compartment or space therein.12. California Penal Code Section 21510: Carrying A Switchblade Build up your understanding of California Penal Code Section 25400: Carrying a Concealed Firearm right here. That crime is a wobbler. California Penal Code 22210 - possession of a baton; As a result, law enforcement or the courts have been compelled to return these dangerous weapons.”41, To plug up this hole, in 2001, then-state Senator Betty Karnette introduced California SB 274. How does California law define a switchblade? Updated October 26, 2020 Under Penal Code 21510 PC, California law makes it a crime to carry, possess in public, sell or give away a switchblade. 1. [16th September 1872] Chapter I. California Penal Code 29800 - felon with a firearm; It is a crime to possess, carry, acquire, or purchase a firearm if you are a convicted felon or if â¦ Mautner v. Quattrone (1989) 211 Cal.App.3d 1389, Understanding Bias Toward Closure and Knife Mechanisms, People v. Barrios (1992) 7 Cal.App.4th 501, Bigamy, Incest, and Other “Marriage Crimes” in California, Penal Code 1203.42 expands the right to “expunge” a crime in California. 1 THE PENAL CODE, 1860 (ACT NO. This Act shall be called the Penal Code. Nevada Possession, sale, manufacture or import of any other prohibited knife is a wobbler. undetectable knives [made from materials that can’t be detected by metal detectors]. I - Legislative You are caught with a switchblade tucked into the waistband of your jeans. Criminal Code of the Federation of Bosnia and Herzegovina (2003, amended 2017) (English version) Bulgaria. But the Vehicle Code addresses certain crimes involving cars, motor vehicles and driving. Penal Code 21510 PC, which is the California statute governing switchblade knives. Possession of a switchblade knife is covered under California Penal Code Section 21510. 711, Sec. Penal Code 17235 PC defines a switchblade as a pocketknife with a blade of 2 or more inches that can be released by a flick of a button, pressure on the handle, flip of the wrist or another mechanical device. Ballistic knives are a special type of spring-loaded knife, and are covered under Penal Code 16220 and Penal Code 21110.7 Possession of a ballistic knife is punishable by up to one (1) year in county jail. CONTROL OF DEADLY WEAPONS [16000 - 34370] CHAPTER 5. As used in this part, “dirk” or “dagger” means 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. Art. [A knife carried in a sheath and worn openly suspended from the waist. Under Penal Code 21510 PC, California law makes it a crime to carry, possess in public, sell or give away a switchblade. shobi-zues [also called shinobi-zues] (staffs, crutches, sticks, rods, or poles concealing a knife or blade which may be exposed by a flip of the wrist or by a mechanical action), any knife having a blade in excess of four inches which is fixed — or is capable of being fixed — in an unguarded position by the use of one or two hands, or. Penal Code 171b PC makes it a crime to bring or possesses within any state or local public building — or at any meeting required to be open to the public — any of the following: Violations of Penal Code 171b are punishable by up to one year in county jail as a misdemeanor, or up to 3 years in California state prison as a felony. (c)Â Sells, offers for sale, exposes for sale, loans, transfers, or gives the knife to any other person. Art VII - Ratification. Violation of Penal Code 21510 PC is a misdemeanor under California law, that can be punished by as much as: Often, however, California misdemeanor violations are punished by misdemeanor (summary) probation, with little or no jail time.