What Are Automatic Knives?
A knife is a tool made of a sharp pointed metal blade attached to a handle. Blades can be of various shapes and sizes, but are typically serrated on at least one edge to increase cutting ability. Most knives are categorized as either fixed blade or folding knives. A knife blade is "fixed" when it is permanently attached to the handle (no hinge, release mechanism, or sliding parts). Folding knives, also known as "folder knives", have a blade that folds into the handle (making them safer, and generally more portable).
An "automatic knife" is a folding knife that has a blade that opens automatically due to a spring in the handle. Automatic knives are often referred to as "switchblade knives" or simply "switchblades", although virtually any folding knife that opens automatically could be considered an "automatic knife". Like folding knives, an automatic knife blade can consist of a straight edge and a serrated edge . However, automatic knives generally have a "tanto-style" blade that is not serrated (with some exceptions). The tanto blade style is more popular with automatic knives because it is often sharper than a serrated edge, and because it can be dangerous to have a serrated edge deploy close to your body (the safety concern is that an individual could inadvertently cut themselves). Although automatic knives are typically "single-edge" rather than serrated, nearly every automatic knife with a blade that consists of both a straight edge and a serrated edge is illegal in California. This is true because California law defines an "automatic knife" as any knife with a blade that is released from its sheath or referred to as its "handle" by a mechanical or spring contrivance (and virtually every automatic knife has a blade that is both straight and serrated). However, this is just one of many nuances of California knife laws that are noted in the following sections.
A Summary of California Knife Law
In the world of knives, California is an oddity. Few tools are as useful, innocuous, and versatile, and yet knives are far too often subject to unnecessary restrictions and overblown perceptions of danger. These unwarranted restrictions stem from California’s long history of anti-gun legislation, to which knives have been unjustly lumped together.
Past Knife Laws
In 1969, the State of California passed a bill that effectively outlawed switchblades. Titled the Switchblade Act, the law banned the manufacture, importation into the state, and sale of switchblades with blades longer than 2 inches. The law further banned the sale of ballpoint pens that concealed a knife blade over the 2-inch limit. The Switchblade Act went on to categorize knives in four categories: prohibited switchblades, prohibited daggers, prohibited dirks, and knives that were not specifically prohibited. The main concern of this law was the "swift deployment" of these knives, which could be done with just the press of a button.
In its declarations, the Switchblade Act was deeply tinged with ideas that no longer hold true. It cited to "gangs who prey upon the community", and used terms like "gangster’s knife" and "gangster’s dirk". It further outlawed knives that looked menacing, gave no clear definition of a knife, and created an ambiguous set of penalties and exceptions. Such legislation was obviously written under a false assumption.
The Knife Law and Penal Code of Today
The Switchblade Act was amended in 1988 by California Senate Bill 1334, which increased the allowable blade length, and exempted folding knives from its prohibitions. The law was further modified in 2013 by Assembly Bill 2398, which excepted all folding knives with a 2-inch or less clip on the clip folder’s blade.
These two bills formed what we now know as the Knife Law of 2014 (the "Knife Law"), which became effective on January 1, 2015. Under the Knife Law, the original Switchblade Act is still alive and well, prohibiting the importation, sale, etc. of switchblades of greater than 2 inches in blade length, but it’s much diminished.
Effectively, the Knife Law outlawed the dagger/slasher as a primary weapon or tool. Under the Knife Law, a dirk/dagger is now defined as "any knife or a penknife or a compact or folding knife, having a blade of two and one-half inches or more which may cause substantial bodily pain or harm by penetration and/or cutting of flesh, or other tissue or organic substance, of another person." Visually, it’s not hard to see how this amendment came about.
The Knife Law prohibits the importation, sale, transfer, manufacture, exhibit for sale, offer for sale, expose for sale, keep for sale, hold in stock or expose, transport, use, possess for any purpose, or lend or give to another, "any dirk, dagger, knife, polyhedral blade, or other dangerous knives". The law goes on to explain that it is illegal to make, offer, import, sell, lend, give, or possess with intent to sell the prohibited knives.
It is important to note here that while the Knife Law does prohibit dirks and daggers, it does not prohibit all knives. Knives are generally permitted. They are not considered dangerous weapons. In fact, most knives are completely legal, except for dirks, daggers, and switchblades.
The Knife Law defines "knife" slightly differently than we are used to using the term. Under the law, a knife is a blade with which a thrusting, stabbing, cutting, or stabbing motion can be made against an object or person. Because of these definitions, kitchen knives, butter knives, table knives, steak knives, and "ordinary pocket knives" are permitted and do not violate the Knife Law.
The Knife Law does not prohibit the possession for any purpose of a dirk, dagger, knife, polyhedral blade, or other dangerous knife. As stated above, a dirk/dagger is a short-bladed stabbing tool. The Knife Law prohibits possession of a dirk/dagger for use as a weapon, but does not prohibit "ordinary pocket knives".
Conclusion
Although the Knife Law came about due to decades of no-brainer logic, it doesn’t mean that it’s fair, or even safe, for that matter.
Automatic Knife Restrictions in California
California law permits individual ownership and full use of automatic knives. Due to the inherent danger of an automatic knife, it is prohibited to carry one on your person as a concealed weapon, pocket knife tag notwithstanding. Concealed carry is a misdemeanor offense (PC 21710).
California law features a unique provision permitting the sale of sliding knife blades with fixed guards as they are considered to be less dangerous than other types of knives. This provision was appealed by Community Action Stops Abuse in the 1990s as both pocket knives and switchblade knives are lumped together as "dirk dirks or daggers." All knives which are not sheathed or are not formed using the folding technique present a potential weapon under this provision. In other words, switchblade knives aren’t specifically listed in the "dirk dirks or daggers" definition in the statute. The Court of Appeals of the State of California upheld the sale provision in Sacramento vs. Lewis as a reasonable distinction under the statutory exception.
Manufacturers of folding knives may distinguish their collinear pivoting blades from an automatic by creating the blade in an arc to make it more difficult to open with one hand, or by adding serrations to the blade which presumably would make the use of an automatic unsupported by the folding style. It is illegal in the United States to manufacture a switchblade knife with a blade of 2 inches in length or less as it would breach the federal Switchblade Act of 1958. However, there is currently a minor loophole in law regarding "stiletto knives." This loophole permits manufacture of automatic knives with a blade of 2 inches in length or less provided the owner does not "exhibit" the knife in a threatening method.
Knife Length Requirements
As with other types of knives, California law imposes certain limitations on the maximum permitted length of automatic knife blades. Depending on what city in California you’re in, the laws can vary even more. It’s important to understand these limits, as exceeding them can make what would otherwise be a legal automatic knife into a prohibited weapon.
In California, the legal limit for the blade of an automatic knife is fixed at two inches in length. Practically speaking the law states that No person in this state shall manufacture, import into this state, keep for sale, offer for sale, or offer to expose for sale, at public gatherings, or under any circumstances placing the person or property of another in significant danger, within any portion of any county or city or city and county, any knife which has a blade that folds, slips or retracts into the handle of the knife, or any other substance, instrument, or device that is designated, intended, or commonly known as a "switchblade" knife. (Emphasis added.)
The reason for this limitation is simply that if you’re carrying a weapon of a length greater than this, then it’s likely that you have a reason for carrying it- and that reason is not a good one. The automatic knives covered by the above section (and off the list of prohibited weapons) are: i) switchblades; ii) balisongs; or iii) disguised knives.
Effective January 1, 2018, SB 869 amended California’s Penal Code and removed the definition for switchblade knives as being ‘harmful to consumers’ in the state. Now, knives that had once been considered switchblade knives under the previous amendment may no longer qualify as prohibited weapons in the state of California.
Essentially this means that spring-loaded knives, switchblades, and banatang knives, are now legal to be owned by private individuals over the age of 18, provided that they meet the stipulations above. This amendment does not, however, change knife laws in certain major Californian cities, such as Los Angeles city for example. In these cities switchblades are still prohibited weapons, and remain illegal to own after January 1, 2018.
Consequences of Violating Knife Laws
Penal Code Section 245 (assault with a deadly weapon) specifically excludes knives that are permitted under Penal Code Section 17235 as defined knives; and therefore, are not prohibited.
Still, some knives once allowed are now illegal to possess in California.
Knives such as butterfly knives (also known as balisong knives), dirks, daggers, stiletto knives or nice stilettos, and all kinds of stilettos are now prohibited in California. The best example of a stiletto is the OTF knife also known as a switch blade knife.
Any transgression involving a prohibited or non-compliant knife, or even illegal knives like the mini switch blade or pen knife can lead to criminal charges that may include (but are not limited to) the following:
If you are caught with a folding knife that does not meet the full terms and conditions of Penal Code Section 17235 you can be charged with a violation of Penal Code Section 653.1 for possessing the folding knife as defined by the statute.
Once charged, you may face a misdemeanor probationary term that is to be decided at the court’s discretion. Fines and penalties can also be imposed.
It is critical you discuss your case with your criminal defense attorney at J. Craig Avolio, Attorney at Law. If you or someone you care about has been arrested, facing up to five years in prison with a felony charge can happen.
Myths and Facts
Throughout the years, many people have approached me with the same misconceptions about California’s automatic knife laws. At times, some of my own family members and friends have expressed these same misunderstandings to me as well. To help clarify these misconceptions, I’ve compiled a list of four of the most common misconceptions to help you distinguish the facts about California’s automatic knife laws.
- "I can carry an automatic knife in my car, even when it’s not in its case." This misconception frequently arises when people don’t read and understand all of the elements of California Penal Code 21110. There’s no doubt that carrying an automatic knife in your car that’s not open, meaning that it’s still enclosed in its case, does not violate PC 21110. However, carrying an automatic knife in your car that is open, either with or without a sheath, violates California law. This is true even if the automatic knife is kept in a compartment in the car.
- "The police officer needs a warrant to search my home." California Penal Code 21110 explicitly states that an automatic knife is contraband (or unlawful to possess), and that contraband can always be seized without a warrant. Some readers may think this is an outrageous result, while other readers may think this is unconstitutional. In either event, the California legislature has made its position abundantly clear on this issue.
- "It’s legal to sell automatic knives in California on the internet or in stores , as long as the seller notifies the buyer that automatic knives are illegal to possess." Yes, this does sound ridiculous. And yes, it’s true. Just like PC 21110 excludes good faith belief as a defense at trial, the statute also excludes any good faith belief by a seller that advising a buyer that automatic knives are illegal to possess allows the seller to violate the law. Please keep in mind, however, that the seller need not advise a buyer that automatic knives are unlawful to possess. That method of operation is entirely lawful. This means that if the seller doesn’t notify the buyer, or otherwise represents to the buyer that automatic knives are legal to possess, then the buyer will not be able to prove "willfulness," which is a required element of the crime.
- "At least 90% of the people I know carry automatic knives, and they all get away with it, so why should I worry about automatic knife laws?" The first thing I need to say is this: "never follow the crowd." Automatic knife laws exist, and you’re going to need to know all of the relevant nuances if you wish to comply with them. The second thing I need to say is: If no one did anything wrong, then no one got arrested for a violation of PC 21110. But if you take the muscle memory of your unconscientious sword and luger to court, you could be convicted of violating PC 21110 if the district attorney proves each element beyond a reasonable doubt.
Guidelines for Legal Knife Possession
Best practices in the legal ownership of automatic knives in California and safety and compliance tips are as follows:
- (1) Automatic Knives and Carry Restrictions According to California Penal Code § 17235, the term "switchblade knife" is defined as "any knife having two hinged or folding blade parts which are spring-loaded to open automatically by hand pressure applied to a button, device or lever located in the handle of the knife." This is the technical definition as it applies to lawyers in California, but essentially any knife that has a blade that opens with the push of a button or the flick of the wrist can be considered an automatic knife under California law and owners should be sure to understand the laws as they apply specifically to their personal circumstances. As with any other legal matter in California, it is always best to consult an experienced Southern California weapons attorney. Under California Penal Code § 65, it is unlawful for any person to bring into California, sell, or possess upon their person, any gravity knife, switchblade or flick knife or disguised knife (knife containing concealed objects) with a blade length of 2" or more. California Penal Code § 653K also criminalizes the possession of any switchblade knife upon your person, or in your vehicle (if it is concealed), with a blade length of 2" or more in any situation where the person carrying the knife is a juvenile. A minor in possession of a knife within that category is guilty of a misdemeanor. No matter what the category, almost all automatic knives fall into the same class as its legal description of a "switchblade knife" with 2" blade length or more in California, meaning that it is an automatic knife banned in California, subject to arrest and prosecution for possession. However, there are very few exceptions for switchblades with a blade length of less than 2", which may still be legally possessed and carried in California if those switchblades are over the age of 30 years and produced prior to 1955. These knives are often regarded as collector’s items, but can be lawfully owned in California as long as those who possess any such knives understand that they need to be kept in a safe place and not be carried, exposed or displayed to the public.
- (2) Best Practices for Legal Ownership of Automatic Knives If you possess automatic knives whether in Los Angeles, Orange, San Bernardino, Riverside, Ventura or Santa Barbara counties you need to keep them in a safe place, and not be carried, exposed or displayed to the public. This also means that the lockable knife display cases of knife stores and fairs are illegal within California because those lockable cases with knives on public display may become a place where automatic knives could be accessed by children or adults without the knowledge of the dealer.
- (3) Safety and Compliance Tips for Automatic Knives While every California knife offense is classified as a misdemeanor, penalties for violating California knife laws can be severe. You can face up to six months in county jail and fines up to one thousand dollars ($1,000) for violating automatic knife laws in California.
Recent Legal Changes
The recent repeal of California Penal Code § 20410, et seq., had an immediate impact on the resident knife collectors of the Golden State. "Dawn Pepper," (a pseudonym used while she still lived in California) shared her uncle’s knife collection with me which she will not be able to move to her new residence, the state of Texas, because the knives are illegal to possess in California but legal in Texas.
The repealed law made it a crime and a misdemeanor to possess, buy, sell, transfer, import or manufacture "switchblades" knives with blades more than two inches in length. Unlike the California’s nearly identical law with respect to dirks and daggers, it imposed strict liability on the residents of the Great State of California. It did not allow for any affirmative defense, even for a knife collector. Many knife collectors lived in fear of law enforcement discovering their collections and charging them with a violent felony. Concurrently with this repeal, SB166 (California Assembly Bill 166) passed both legislatures and was approved by the Governor. "As approved, SB 166 amended California Penal Code Section 16250. Subsection (b)(2) eliminates the unlawful importation or manufacturing provisions as well as the requirement that the "switchblade" be "capable of being locked by means of a button, switch, lever or other device."
On October 2014, the California Department of Justice (DOJ) updated their firearms forms, and now the owner can update the registered owner with a new form. The new form is the Knife Owner Registration/Application. The form must be completed and submitted by mail to the DOJ any time before January 1, 2017. It must include a description of the knife, including its make, model, serial number (if applicable), and a full description of where and how the knife was acquired. "Longstanding definitions for banned knives in California law were reaffirmed to be those knives which have blades which can be released from the handle by a spring-loaded mechanism, gravity, centrifugal force, inertia, a thrown, or other external force."
"Manufacturing and importing switchblades is now legal (provided they are not automatically-locked). The status of automatic-spring assisted opening knives, (sometimes called "switchblades" by the uninitiated) remains legal without restrictions or limitations, except as mentioned above. What about the knives that you may already have in your collection? SB 166 permits their continued lawful possession and transfer, as long as they were legally owned prior to January 1, 2015."
So while the future of knife laws and knife attachments remains uncertain at the present time, the repeal of this law will help many knife collectors and manufacturers who reside in California.
Conclusion: Educate Yourself and Stay Compliant
In summary, while the legal landscape for automatic knives in California is rather complex and often perilous, the road to compliance is fairly straightforward. First, one must determine if the specific automatic knife is compliant – namely, it has to be an automatic knife that is not a switchblade knife. If it is, then one must know the level of classification of the automatic knife. If the automatic knife is a prohibited item or otherwise classified as a felony-level offense, then one may want to consider the legal route of getting the knife off of one’s possession, or seeing a legal representative to determine what alternative legal action can be taken .
Hopefully, the above information will assist knife owners in determining whether the knife they own is compliant or whether they have potentially violated any laws. However, one must bear in mind that laws are susceptible to amendment, and thus the governing law may be changed in future dates. In addition, court decisions can also affect how the laws are applied, so the owner of the automatic knife would be prudent to stay up-to-date on these developments.