A spring assisted knife is legal in California as long as it “opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position.” Penal Code 21510 PC, which is the California statute governing switchblade knives.
According to this code section, it is illegal to do any of the following with a switchblade knife:
- 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
- sell, offer or expose for sale, or loan, transfer, or give the knife to anyone else.
According to Penal Code 17235, a:
““switchblade knife” means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife, or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button.”
(emphasis added).
Given this definition, a “spring assisted knife” may fall outside of the definition of switchblade under California law.
A violation of California’s switchblade laws is a misdemeanor offense. The crime is punishable by either:
- probation,
- up to six months in county jail, and/or
- a fine of up to $1,000.
Please note that, depending on the particular type of knife in question, it could also be against the law per Penal Code 21110 PC, California’s law regarding ballistic knives.
According to California Penal Code 16220, a “ballistic knife” is a knife with a spring-loaded blade that can be fired, or shot out, like a bullet.
Are there legal defenses that I can raise if accused under Penal Code 21510?
You can raise a legal defense to challenge a charge under PC 21510. A good defense can work to reduce or even dismiss your charge.
Five common defenses to PC 21510 accusations include:
- you were caught with an object that does not meet the legal definition of a “switchblade,”
- you did not know or realize that you were carrying a switchblade on your person,
- the weapon was discovered during an illegal search and seizure,
- you were falsely accused, and
- an emergency required the use or transfer of a switchblade.
Are spring assisted knives against the law in California per Penal Code 21110?
It is unclear.
PC 21110 is the California statute governing ballistic knives. According to this code section, it is a crime to make, import, sell, give, or possess these weapons.
According to California Penal Code 16220, a “ballistic knife” is a knife with a spring-loaded blade that can be fired, or shot out, like a bullet.
A violation of PC 21110 is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the crime is punishable by:
- imprisonment in the county jail for up to one year; and/or,
- a maximum fine of $1,000.
If charged as a felony, the offense is punishable by:
- imprisonment in the county jail for up to three years; and/or,
- a maximum fine of $10,000.
What knives can be lawfully carried in California, either openly or concealed?
Under California law, certain knives may be lawfully carried in the State – either openly or concealed. This is provided that the blade on the knife is not exposed and locked into position.
Knives that can be legally carried include:
- pocket-knives,
- non-locking folding knives, and
- other folding knives that don’t meet the definition of a switchblade.
If the blade is exposed and locked into position, an otherwise legal folding knife becomes a dirk or dagger under California law. In such a case, it must be worn openly in a sheath suspended from the waist.
Additional resources
For more in-depth information, refer to these scholarly articles:
- Criminal Use of Switchblades: Will the Recent Trend towards Legalization Lead to Bloodshed? – Connecticut Public Interest Law Journal.
- Eradicating ‘This Dreadful Knife Problem’: Legislative and Judicial Initiatives against Knife Possession – Youth Justice.
- Man finds 2nd Amendment protects his use of banned switchblade – Wisconsin Law Journal.
- Knives and the Second Amendment – University of Michigan Journal of Law Reform.
- The Evolution of a Social Problem: The Case of the Switchblade Knife – Deviant Behavior.
