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Under Penal Code 21510 PC, butterfly knives are considered a form of a switchblade and are illegal in California. Specifically, it is a crime to carry, possess in public, sell, or otherwise transfer a butterfly knife.
Convictions are misdemeanor offenses that carry up to 6 months in jail.
In California, butterfly knives are prohibited by Penal Code sections 21510 and 17235 PC.
Penal Code 21510 prohibits knowingly doing the following activities with a switchblade knife that has a blade length of 2 or more inches:
Law enforcement also has the burden of proving that you:
They do not have to prove that you intended to use the knife as a weapon – only that you had it.3
Penal Code 17235 PC defines what is meant by the phrase “switchblade knife.” These types of knives:
However, these automatic knives are not considered switchblades if they have the following characteristics:
This exception covers box cutters.
According to a California appellate court, this definition of a switchblade includes butterfly knives because
Because a butterfly knife is a type of switchblade under Penal Code 17235 PC, they are prohibited by Penal Code 21510 PC.
A butterfly knife is a type of pocketknife that can be folded to hide the blades. When in the closed position, the blades of the folding knife are concealed inside grooves in the handles. The handles are then held together with a latch. Once unlatched, the knife’s handles can be opened and the blade exposed with a flick of the wrist.
Butterfly knives are also known as:
The names reflect the knife’s origin in the Philippines.
Possessing a butterfly knife is a misdemeanor in California. Convictions carry up to:
However, many of these cases are punished with misdemeanor probation. Also known as summary probation, this would mean that you would not serve a jail sentence. Instead, the sentence would be served on community supervision. You would have to abide by the terms of your release. These often include terms like:
Judges in California tend to impose jail time, rather than summary probation, if there are aggravating factors in the case. These factors can include:
A butterfly knife can also lead to other charges under California’s knife laws, including for:
Some of these offenses are very severe. Using a butterfly knife to commit an assault can be a felony offense, punishable with up to 4 years in state prison.
There is also a federal law that prohibits the possession of a switchblade. It also covers butterfly knives, as well.
This law makes it a crime to:
These areas that are subject to federal jurisdiction include:
The only exception is for people who:
The definition of “switchblade” under this law is broad enough to cover butterfly knives. To be a switchblade under the law, the knife has to open automatically through either:
The penalties of a conviction under the federal switchblade law are up to:
Certain cities and counties have their own regulations and ordinances regulating knife possession. When these rules conflict with California state law, courts have come to differing conclusions about which law gets applied.11
For example, Los Angeles County has a local ordinance that forbids the open carry of any knife with a blade that is longer than 3 inches.12 The City of Los Angeles also forbids the concealed carry of
The intersection of these laws can create confusion. The legal advice of a criminal defense lawyer can help to clear things up for people who want to carry knives for the purpose of self-defense.
California knife laws regulate the possession and use of other knives, as well. State law creates 3 categories for these potentially deadly weapons:
Butterfly knives and switchblades belong in Category 3 – knives that are always considered to be prohibited weapons. In this category are also the following types of illegal knives:
California law also presumes that these knives are dangerous weapons.14
Category 2 is for folding knives that can be carried in the open or concealed, so long as they are folded or closed. It includes the following types of knives:
Finally, Category 1 knives are for dirks and daggers. These are knives that are capable of ready use as a stabbing weapon and can inflict great bodily injury or death.16 They include the following weapons, tools, and utensils:
To carry knives listed in Category 1, California law requires an open carry. The concealed carry of any of these types of knives is a wobbler in California. Prosecutors can choose to pursue misdemeanor or felony charges. If pursued as a misdemeanor, a conviction carries up to:
If pursued as a felony, convictions carry up to:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.