# Legal Knife Carry i California



## Tames D (Nov 6, 2014)

I recently bought a Kershaw folder from a Big 5 sporting goods store in california. I'm always buying knives, so I have a pretty good collection. This knife is a Kershaw folder with a 2 3/4" blade, assisted open (release on the top edge). Overall length is 6 1/2". 
Is this legal to carry? I'm hearing conflicting reports on legality. What makes this knife different from an actual switchblade? I own a swithblade and the release is a button on the side, as opposed to a lever on this knife. Otherwise, they both open at the same speed.


----------



## Brian R. VanCise (Nov 7, 2014)

Here is some information from a California Law Firm:

California Knife Laws - Explained by Criminal Defense Lawyers


----------



## seasoned (Nov 7, 2014)

Tames D said:


> I recently bought a Kershaw folder from a Big 5 sporting goods store in california. I'm always buying knives, so I have a pretty good collection. This knife is a Kershaw folder with a 2 3/4" blade, assisted open (release on the top edge). Overall length is 6 1/2".
> Is this legal to carry? I'm hearing conflicting reports on legality. What makes this knife different from an actual switchblade? I own a swithblade and the release is a button on the side, as opposed to a lever on this knife. Otherwise, they both open at the same speed.



Switchblade (full auto) laws date back to when I was a kid. Back at that time the only option was the two handed open. Somewhere along the line the one handed open (assisted) was Invented and sold. You are correct, there is not much difference between the two, but once laws are put on the books it would take an act of you know who to change anything.............


----------



## tshadowchaser (Nov 7, 2014)

In Cal. if it can be opened with the flick of the wrist, push of the thumb, by gravity, by push of a button, and a few other ways it is a switchblade under their law. That includes knifes of any length.  If you are carrying a box cutter and you get stopped you can be charged with carrying a switchblade.\
They will prosecute you I know as a fact.
Oh and unless they have changed the law again it is now a felony.


----------



## tshadowchaser (Nov 7, 2014)

If you read Brians post above do not try the "I did not know it was illegal defense "  in Cal. it is frowned upon to use it and hardly ever works. A public defender ( in the orange county area) will call you a fool to your face and may even say worse of you for trying it.


----------



## jks9199 (Nov 7, 2014)

tshadowchaser said:


> If you read Brians post above do not try the "I did not know it was illegal defense "  in Cal. it is frowned upon to use it and hardly ever works. A public defender ( in the orange county area) will call you a fool to your face and may even say worse of you for trying it.



The laws are published.  California law is available on line (as are most states).  Since it's published, everyone is presumed to know what is in it.  Thus, "ignorance of the law is no excuse."  (There are actual some narrow exceptions -- but they generally involve unusual and hard-to-foresee technical acts, like failing to register as a felon according to a particular local law.  See _Lambert v California, 355 U.S. 225 (1957) _for an example.)


----------



## Tames D (Nov 7, 2014)

tshadowchaser said:


> In Cal. if it can be opened with the flick of the wrist, push of the thumb, by gravity, by push of a button, and a few other ways it is a switchblade under their law. That includes knifes of any length.  If you are carrying a box cutter and you get stopped you can be charged with carrying a switchblade.\
> They will prosecute you I know as a fact.
> Oh and unless they have changed the law again it is now a felony.



You're saying that if I open my folder with a flick of my wrist, and no assist, it's a felony? I do that all the time with my "normal" folders that are not switchblade or assisted. I can get that blade out just as fast without assist. With all do respect, I don't think that is true.


----------



## elder999 (Nov 7, 2014)

Tames D said:


> You're saying that if I open my folder with a flick of my wrist, and no assist, it's a felony? I do that all the time with my "normal" folders that are not switchblade or assisted. I can get that blade out just as fast without assist. With all do respect, I don't think that is true.



Well, of course  you don't...because  you _think._

The people who made these laws didn't "think" at all-they reacted out of fear, and it's just as he says....more to the point, you can wear a "dirlk" or a "dagger" or a great, big ****ing Bowie knife or Arkansas Toothpick on a sheath on your waist, and you don't have to "open it."

You just have to pull it out, and it's perfectly legal, whereas, if you take a Ken Onion Leek from your pocket, and flick the blade open.........
.........you've broken the law. :lfao:


----------



## tshadowchaser (Nov 8, 2014)

What Elder has said above is true.  I could carry my "carry knife" which has a LARGE blade on it and it was legal as long as it was an open carry.  But as has been said if it can be opened in the ways mentioned it is illegal.  
The laws in Cal date back to the late 40' and early 50's. when service men started bringing back switch blades and bailisongs
they have been changed a few times and go back and forth from being a misdemeanor to a felony depending on the legislature 

As far as the laws being available to the public how many tourists read the laws of the state they are visiting for that matter how many citizens of a state know all the laws of the state. They may be available but the chances of you going out on the street in your place of living and asking 100 people the laws on carrying a knife........well it would make for an interesting poll of the populace.

Edit:  like most people I figure if it could be bought and sold in stores it was legal to carry.  Now I know that this is not the most cases in most states. Being able to sell and buy come under a different law


----------



## Tames D (Nov 8, 2014)

tshadowchaser said:


> What Elder has said above is true.  I could carry my "carry knife" which has a LARGE blade on it and it was legal as long as it was an open carry.  But as has been said if it can be opened in the ways mentioned it is illegal.
> The laws in Cal date back to the late 40' and early 50's. when service men started bringing back switch blades and bailisongs
> they have been changed a few times and go back and forth from being a misdemeanor to a felony depending on the legislature
> 
> ...



I realize that because a weapon is sold in a ligitimate store, it isn't always legal to carry or even own. I don't really understand that logic. Perhaps they should be required by law to inform the buyer that it is a felony to own the product they are selling? But then, I guess it comes down to buyer beware and should know the tens of thousands of laws published.


----------



## Tames D (Nov 8, 2014)

jks9199 said:


> The laws are published.  California law is available on line (as are most states).  Since it's published, everyone is presumed to know what is in it.  Thus, "ignorance of the law is no excuse."  (There are actual some narrow exceptions -- but they generally involve unusual and hard-to-foresee technical acts, like failing to register as a felon according to a particular local law.  See _Lambert v California, 355 U.S. 225 (1957) _for an example.)



Thank you for this link.


----------



## Tames D (Nov 8, 2014)

tshadowchaser said:


> In Cal. if it can be opened with the flick of the wrist, push of the thumb, by gravity, by push of a button, and a few other ways it is a switchblade under their law. That includes knifes of any length.  If you are carrying a box cutter and you get stopped you can be charged with carrying a switchblade.\
> They will prosecute you I know as a fact.
> Oh and unless they have changed the law again it is now a felony.



I checked the Calif Law link JKS provided. You are absolutely corect with your definition of a switchblade. My Kershaw is classified as a swithblade. It's a misdemeaner offense to have in my posession.


----------



## tshadowchaser (Nov 9, 2014)

Somewhere back in the archives of this forum there is another discussion of the Cal. laws about knifes.  In that thread the exact law is linked. 
Heck in truth it is a catch all law and almost any pokect knife bought today can be called a switch blade under it .

I'll try to find it  but if anyone else can do so first  please do


----------



## elder999 (Nov 9, 2014)

tshadowchaser said:


> Somewhere back in the archives of this forum there is another discussion of the Cal. laws about knifes.  In that thread the exact law is linked.
> Heck in truth it is a catch all law and almost any pokect knife bought today can be called a switch blade under it .
> 
> I'll try to find it  but if anyone else can do so first  please do




I've been working in California for nearly two years, now. When I go out, I strap a fixed-blade knife to my belt...I leave all the folders at home. Shame, really....


----------



## tshadowchaser (Nov 9, 2014)

can't find the thread I was looking for yet but some information in this one 
http://www.martialtalk.com/forum/7-filipino-martial-arts-general/1022-california-weapons-laws.html

try writing switchblade in the search area ( top left of page) ( the little white box )  and you will find more info


----------

