The Penal Code defines the vast majority of the crimes. We can provide a free consultation in office or by phone. But according to the California District Attorneys Association, the 1996 amendment: “created an unintended loophole for criminals to carry dangerous weapons. a lack of cooperation with the police during your arrest. 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. 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. (SB 1080) Effective January 1, 2011. (b) Carries the knife upon the person. The definition of a switchblade under Penal Code 21510 PC is very specific. It's always illegal. In re Gilbert R. (2012) California Court of Appeal, Fourth Appellate District, Division Three, No. Owners of such knives should not be subject to potential arbitrary enforcement of the overly broad language currently contained in Section 653k.”40. Preliminary: Short title: 1. [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. a finding that you intended to use the switchblade as a weapon; and/or. A116300 (holding that the fact that a knife might be opened with the flick of a wrist does not, in and of itself, remove it from the exemption). Generally, California criminal laws apply exclusively to crimes committed in California. 6. ) (b) Carries the knife upon the person. prohibited by Penal Code section 21510) is not a dirk or dagger unless. But the Vehicle Code addresses certain crimes involving cars, motor vehicles and driving. Washington, US Supreme Court (b) Carries the knife upon the person. 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. In 2009, the federal law was amended. 16 months, or two or three years in county jail, and/or. Penal Code 21510 PC, which is the California statute governing switchblade knives. Switchblade Knife PENAL CODE SECTION 21510-21590 21510. This Act shall be called the Penal Code. 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. 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. Defenses to Possession of a Switchblade Knife Switchblade Knife Section 21510 5. Shouse Law Group › Criminal Defense › Penal Code › 21510 PC - Possession of a Switchblade. Also, Penal Code section 21310 prohibits a carrying a concealed dirk or dagger. Carrying a Switchblade - Penal Code 21510 PC. Fortunately, there are a number of potential legal defenses that can help you successfully fight California switchblade charges. 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. Questions over the scope of the proposed amendment remained, however. 2010, Ch. That crime is a wobbler. Penal Code 16965 PC – As used in this part, “passenger’s or driver’s area” means that part of a motor vehicle which is designed to carry the driver and passengers, including any interior compartment or space therein. “Dirks” and “daggers” – Penal Code 16470 and 21310, 6.2. 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. Consider the results of a PC 25400 conviction and focus on defenses for this criminal charge. You are caught with a switchblade tucked into the waistband of your jeans. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Penal Code (CHAPTER 224) (Original Enactment: Ordinance 4 of 1871) REVISED EDITION 2008 (30th November 2008) An Act to consolidate the law relating to criminal offences. has a blade, or blades, two or more inches in length, which can be released automatically by: thumb pressure applied solely to the blade of the knife, or, provides resistance that must be overcome in opening the blade, or. II - Executive It is enough for you to have control over the switchblade, or the right to control it, either personally or through another person.15. 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. 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. (Added by Stats. New York Federal switchblade law 15 USC 1241 – 44 and 18 USC 1716, 8. 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. Georgia Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. 18 USC § 1716 – Injurious articles as nonmailable. 2. XLV OF 1860). § 30510 As used in this chapter and in Sections 16780, 17000, and 27555, âassault weaponâ means the following designated semiautomatic firearms: 6.1. -California Penal Code Section 21510 makes it a crime to sell or carry a switchblade. 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. (c) Sells, offers for sale, exposes for sale, loans, transfers, or gives the knife to any other person. For Colorado cases, see our page on “possession of a switchblade” laws in Colorado. Exceptions are crimes committed on some federally owned properties, such as: The federal switchblade statute is set forth in 15 USC 1241 – 44. Board of Patent Appeals, Preamble 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. It said, in part: “In order to ensure that only legitimate one-handed opening knives are covered, SB 274 narrows the language to only allow knives to fall under the exemption from the switchblade law if that one-handed opening knife contains a detent or similar mechanism. Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement. Art VII - Ratification. Punishment of ); People v. Lopez (2007) First Appellate District, Division One, No. 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¦ Fortunately, there are a number of legal defenses that a good criminal defense lawyer can present on your behalf. Under Penal Code 21310 PC, carrying a concealed dirk or dagger is a wobbler, meaning it could be filed as a misdemeanor or a felony. SB 274 was signed into law by then-Governor Gray Davis signed in 2001. § 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¦ CONTROL OF DEADLY WEAPONS [16000 - 34370] CHAPTER 5. See, Bill Analysis by the Senate Committee on Criminal Procedure, 1995-96 Regular Session. Art. California Codes > California Penal Code > Part 6 > Title 3 > Division 5 > Chapter 5 > § 21510. Art. Code, § 21510) - Free Legal Information - â¦ 2010 California Code Penal Code Chapter 5. A conviction under PC 21510 can result in the following penalties: Fines of up to $1,000 Jail time of up to six months Ohio Penalties for violation of federal switchblade laws are: In addition, 18 USC 1716(g) makes it a crime to mail a switchblade or ballistic knife via U.S. mail. Under Penal Code 21510 Carrying a switchable is a misdemeanor and can be punished by: Up to six months in a county jail; A fine of up to $1,000; Misdemeanor probation; Aggravating Factors in Penal Code 21510 Charges 6. This is because she knows that her purse contains a knife that opens with no resistance and has a blade at least 2″ long. California’s “open-carry” law for dirks and daggers – Penal Code 20200, 6.4. The following are considered 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: Legal defenses to carrying a concealed dirk or dagger. Shouse Law Group has wonderful customer service. Now keep in mind, it's always illegal to carry a switchblade on your person. you knew you had a switchblade on your person or in your vehicle, AND. California Penal Code 21110 – Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any ballistic knife is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. 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. Possess the knife in the passenger’s or driver’s area of any motor vehicle in any public place or place open to the public, Carry the switchblade upon your person, or. the sheath is worn openly suspended from your waist. participation in counseling / treatment programs, and/or, that is capable of ready use as a stabbing weapon, and. New Jersey Evidence Act (1985, amended 2019) (English and French) Possession of a switchblade knife is covered under California Penal Code Section 21510. If you knew you were carrying a knife, but you didn’t know it had the characteristics of a switchblade. 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. 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. A conviction carries probation, fines and up to 6 months of jail time. [16th September 1872] Chapter I. 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 passenger's or driver's area of any motor vehicle in any public place or place open to the public. Penal Code 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 passenger’s or driver’s area of any motor vehicle in any public place or place open to the public. 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. If the switchblade was in the pocket of a jacket that you borrowed from a friend, it might be difficult for the prosecutor to prove that you knew it was there… or, that if you knew it was there, that you knew it had the characteristics of a switchblade. Penal Procedure Code of the Republic of Bulgaria (2006, amended 2011) (English version) Criminal Code of the Republic of Bulgaria (1968, amended 2017) (English version) Canada. California Penal Code 21510 â 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. California Penal Code section 16140 PC and 20310 PC. See our related article on California’s laws on dirks and daggers. Please complete the form below and we will contact you momentarily. 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. V - Mode of Amendment Penalties for mailing a switchblade or ballistic knife include: California and federal laws making it a crime to carry a concealed switchblade were first enacted in 1957 and 1958, respectively. 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. 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. 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. Texas 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.”. Read this complete California Code, Penal Code - PEN § 21510 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . 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. 10 of Ch. 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. A criminal record can affect job, immigration, licensing and even housing opportunities. Effective January 1, 2012, Penal Code 16965, 17235, and 21510 replaced, without substantive change, former Penal Code 635k. 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. 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. Possession of a Switchblade Knife â Penal Code Section 21510 It is illegal to possess a switchblade knife under California Penal Code Section 21510 . up to six months in county jail and/or a fine of up to $1,000. 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. CONTROL OF DEADLY WEAPONS [16000 - 34370] ( Part 6 added by Stats. 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. 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. As long as the knife has a working thumb stud or other mechanisms which makes it resistant to being opened, it is not legally a switchblade under California law16. certain types of knives considered to be “generally prohibited weapons,” including: a folding knife with a blade that locks into place, or, hand pressure applied to a button or other device in the handle of the knife, or. 3. Possession of a Switchblade â California Penal Code 21510. Penal Code sections 21510 and 17235 replaced Penal Code section 653k in prohibiting and describing a switchblade knife. 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. The federal Switchblade Knife Act of 1958, 15 U.S.C.1241- 45, has had a similar history. Art. Under Penal Code 21510 PC, California law makes it a crime to carry, possess in public, sell or give away a switchblade.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.. 711, Sec. - 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. 2011 California Code Penal Code PART 6. Merriam-Webster Dictionary, 2013.See also, American Knife & Tool Institute. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Penal Code 16470. 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.