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Call Us Now“Dirk or Dagger” – What is it and why is it illegal?
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Carrying a Dirk or Dagger -- CA Penal Code 21310 PC
By definition, a “dirk or dagger” is a knife or other instrument (with or without a handguard) that can be used immediately as a stabbing weapon, and that may inflict great bodily injury or death. This includes pocketknives and certain folding knives, if the blade is exposed and locked into position.
It is a crime to carry such a concealed knife in California.
What is the definition of a dirk or dagger?
California Penal Code 21310 PC makes it a crime to carry a concealed “dirk or dagger.” California Penal Code 16470 PC defines “dirk” or “dagger” as 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.” The definition goes on to include the following knives, if the blade is exposed and locked into position:
- nonlocking folding knives,
- folding knives that are not switchblades 2 or more inches in length, and
- pocketknives.1
The implement does not necessarily have to be a knife. California’s definition of a “dirk or dagger” includes a “knife or other instrument.” An object that is not a knife can still be a dirk or dagger if it is designed for the primary purpose of stabbing.2
For example: A prison inmate removes a metal spring from his bed, straightens it, and wraps shoe laces around one end to create a handle. While it is not a knife, the instrument is a dirk or dagger.3
To be a dirk or dagger, the knife or other instrument must be capable of inflicting “great bodily injury.” California law defines this as a significant or substantial physical injury. It has to be greater than a minor injury or some other moderate harm.4 It does not matter how long the blade is.5
The implement must also be capable of ready use as a stabbing weapon. If assembly is required or if it takes time or effort to expose the blade, it may not be a dirk or dagger.
For example: Rickey carries a cylindrical device that can be unscrewed to reveal a 2.5 inch blade. The blade of the knife can then be screwed back onto the cylinder, with the cylinder serving as a 4.25 inch handle. Because it takes several seconds to assemble the device into something that can stab someone, it is not a dirk or dagger.6
Under this definition, there is no difference between a “dirk” and a “dagger.” They are used synonymously and are treated the same under the law.7
“Dirk” or “dagger” is a legal term for knife.
Is it a crime to carry a dirk or dagger?
In California, it is a crime to carry a concealed dirk or dagger.8
To convict you for this crime, prosecutors must show the following elements of the crime beyond a reasonable doubt:
- you carried on your person a dirk or dagger,
- you knew that you were carrying it,
- the dirk or dagger was substantially concealed on your person, and
- you knew that it could readily be used as a stabbing weapon.9
Importantly, the prosecutor does not have to prove that you intended to use the dirk or dagger as a weapon.10 Simply carrying it is sufficient.
The criminal offense does require the dirk or dagger to be substantially concealed, though. This makes it permissible to carry a dirk or dagger that is:
- in a sheath, and
- worn openly suspended from your waist.11
The dirk or dagger does not have to be completely concealed for it to be a crime, though. It is still a substantially concealed weapon, and therefore a crime, if the tip is protruding from your pocket12 or if the handle is protruding from your waistband.13
What are the penalties for a conviction under California Penal Code 21310?
A conviction for the concealed possession of a dirk or dagger is a wobbler in California. The district attorney has the discretion to file misdemeanor or felony charges. If the knife was used during a felony offense, though, there may be a sentencing enhancement, as well.
If filed as a misdemeanor, a conviction for the concealed carry of a dirk or dagger carries up to:
- one year of jail time in county jail,
- $1,000 in fines, and/or
- misdemeanor (summary) probation.14
If pursued as a felony, the penalties increase. A felony conviction carries up to:
- 3 years in state prison,
- $10,000 in fines, and/or
- felony (formal) probation.15
In either case, you will have a serious blemish on your criminal record if convicted.
If you used the dirk or dagger to commit a felony and it was concealed when you were arrested, you can also be charged with personal use of a deadly weapon (California Penal Code 12022 PC). This adds a consecutive sentence of 1 year in prison.16
A criminal defense lawyer from a reputable law firm can help you avoid these penalties by raising a legal defense to the charge.
What are some legal defenses?
The most common defenses raised to combat a charge under California Penal Code section 21310 PC are:
- the dirk or dagger was not concealed,
- the implement was not a dirk or dagger, and
- the evidence was obtained by law enforcement through an illegal search or seizure.
It is not a defense, though, to claim that you were carrying the knife for self-defense.
A criminal defense attorney will know which defense strategy is most likely to work in a particular case.
A potential defense to PC 21310 charges is that the dagger was not concealed.
Are other types of knives prohibited in California?
Yes, California’s knife laws also criminalize the possession, sale, manufacture, or import of:
- air gauge knives (California Penal Code 20310 PC),
- belt buckle knives (California Penal Code 20410 PC),
- cane swords (California Penal Code 20510 PC),
- lipstick case knives (California Penal Code 20610 PC),
- shobi-zues (California Penal Code 20710 PC),
- undetectable knives (California Penal Code 20810 PC), and
- writing pen knives (California Penal Code 20910 PC).
Legal References:
- California Penal Code 16470 PC and 21540 PC.
- People v. Forrest, 67 Cal.2d 478 (1967). See also In re Robert L., 112 Cal.App.3d 401 (1980) (ice pick).
- People v. Cabral, 51 Cal.App.3d 707 (1975).
- California Criminal Jury Instructions (CALCRIM) No. 2501. See also People v. Medellin, 45 Cal.App.5th 519 (2020).
- In re Victor B., 24 Cal.App.4th 521 (1994).
- People v. Sisneros, 57 Cal.App.4th 1454 (1997).
- In re Victor B., 24 Cal.App.4th 521 (1994).
- California Penal Code 21310 PC.
- CALCRIM No. 2501.
- People v. Rubalcava, 23 Cal.4th 322 (2000).
- CALCRIM No. 2501.
- People v. Wharton, 5 Cal.App.4th 72 (1992).
- People v. Fuentes, 64 Cal.App.3d 953 (1976).
- California Penal Code 21310 PC and 19 PC.
- California Penal Code 21310 PC and 1170 (h) PC.
- California Penal Code 12022(b)(1) PC.
About the Author
Neil Shouse
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.
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