21310 PC – Carrying Concealed Dirk or Dagger

Updated May 24, 2020

Penal Code 21310 PC makes it a crime in California to carry a concealed dirk or dagger. A dirk or dagger is defined as a knife or other instrument, with or without a handguard, capable of ready use as a stabbing weapon, which may inflict great bodily injury or death. The definition excludes most pocket knives unless the blade is locked into position.

Examples

• stiletto knives, and
• pocket knives with their blades locked into position.

The text of 21310 PC states that “any 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.”

Examples

• carrying a dagger in a backpack
• going to a concert with a dirk hidden inside a boot
• walking with a dagger in a purse

Defenses

There are a number of legal defenses a defendant can assert. Common defenses include:

• there was no dirk or dagger,
• the knife was not concealed, and/or
• the search and seizure was unlawful

Penalties

A violation of this code section is a wobbler offense. This means that a prosecutor can charge it as either a:

• misdemeanor, or
• felony.

A misdemeanor conviction is punishable by imprisonment in county jail for up to one year.

A felony conviction is punishable by custody in jail for up to three years.

In lieu of jail time, a judge can award either:

• misdemeanor (or summary) probation, or
• felony (or formal) probation.

Our California criminal defense attorneyswill highlight the following in this article:

• 1. When is it a crime to carry a dirk or dagger?
  • 1.1. Definition of dirk and dagger
• 2. Are there legal defenses?
  • 2.1. No dirk or dagger
  • 2.2. Not concealed
  • 2.3. Unlawful search and seizure
• 3. What are the penalties for 21310 PC?
• 4. Are there immigration consequences?
• 5. Can a person get a conviction expunged?
• 6. Does a conviction affect gun rights?
• 7. Are there related offenses?
  • 7.1. Other prohibited knives
  • 7.2. Special restrictions on knives in public buildings and schools – PC 171b and 626.10
  • 7.3. Brandishing a weapon – PC 417

A stiletto knife is one example of a “dirk or dagger” in California

1. When is it a crime to carry a dirk or dagger?

21310 PC is the California statute that makes it a crime for a person to carry a concealed dirk or dagger.¹

A prosecutor must prove the following to convict a defendant under this statute:

1. the defendant carried on his person a dirk or dagger,
2. the defendant knew that he was carrying it,
3. it was substantially concealed on the defendant’s person, and
4. the defendant knew that it could readily be used as a stabbing weapon.²

Note that a prosecutor does not have to prove that:

• the defendant used or intended to use
• the dirk or dagger as a weapon.³

The fourth element above is a question of fact. This means a judge or jury will decide it based on all of the facts of a case.⁴

Questions often arise under this statute on the meaning of “dirk” and “dagger.”

1.1. Definition of dirk and dagger

21310 PC defines a dirk or dagger as a:

• knife or other instrument,
• with or without a handguard,
• that is capable of ready use as a stabbing weapon, and
• can inflict great bodily injury or death.⁵

“Great bodily injury” means significant or substantial physical injury.⁶

Note that folding knives (other than switchblades) are considered a dirk/dagger only if:

1. the blade of the knife is exposed, and
2. the blade is locked into position.⁷

This means a person can legally carry a concealed pocketknife if it is closed or if the blade can’t be locked.⁸

A person can also legally carry a dirk or dagger if:

1. it is carried in a sheath, and
2. it is worn openly, suspended from a person’s waist.⁹

2. Are there legal defenses?

Defense attorneys employ a number of legal strategies in a 21310 PC case. Three common defenses are:

1. no dirk or dagger,
2. not concealed, and/or
3. unlawful search and seizure.

2.1. No dirk or dagger

This section only applies to concealed dirks and daggers. Further, California criminal law has a technical definition of these knives. This means it is a defense for the accused to show that:

• while he may have had a concealed knife,
• it does not meet the legal definition of a “dirk” or “dagger.”

Example: Harry never leaves his house in L.A. without a folding knife in his pocket. Since the knife is in the closed position, it does not qualify as a dirk or dagger under 21310 PC. Therefore, he is lawfully allowed to carry it concealed throughout California.

2.2. Not concealed

Recall that an accused is only guilty under these laws if he had a concealed dirk/dagger. Therefore, a defendant can try and overcome a charge by showing that he was lawfully carrying a dirk.

Example: Julie walks around San Diego with a small dirk in a sheath suspended from her waist belt. A concerned pedestrian points out Julie to a police officer. But when the police officer sees that the sheath is being carried openly and not concealed, the officer explains to the pedestrian that Julie is not violating 21310 PC.

2.3. Unlawful search and seizure

Police cannot conduct a search or take property without a valid search warrant (or an exception to the search warrant rule). If authorities obtain evidence from an unlawful search and seizure, then the defense can bring a motion to suppress evidence of the illegal weapon. If granted, this will likely lead to a dismissal of the charges.

Example: A San Francisco police officer sees Tom walking down the street wearing an anti-cop t-shirt. Offended, the officer stops and frisks Tom and finds that Tom is carrying a concealed dagger. If Tom gets charged with violating 21310 PC, Tom could ask the judge to disregard the knife as evidence since the officer had no legal right to stop and frisk him.

A violation of this law can result in a fine and/or jail time

3. What are the penalties for 21310 PC?

A violation of these laws is charged as a wobbler offense. A wobbler is a crime that a prosecutor can charge as either a:

• misdemeanor, or
• felony.

If charged as a misdemeanor, the crime is punishable by:

• misdemeanor (or summary) probation,
• custody in county jail for up to one year, and/or
• a maximum fine of $1,000.¹⁰

If charged as a felony, the offense is punishable by:

• felony (or formal) probation,
• imprisonment in county jail for up to three years, and/or
• a maximum fine of $10,000.¹¹

4. Are there immigration consequences?

A conviction under these laws will not have any immigration consequences.

Some California crimes result in a non-citizen being either:

• deported, or
• marked as inadmissible.

But a dirk or dagger conviction will not have this result.

5. Can a person get a conviction expunged?

A person can get an expungement following a dirk or dagger conviction.

This is true provided that the defendant successfully completes:

• probation, or
• a jail sentence (whichever is applicable).

Under Penal Code 1203.4 PC, an expungement means a defendant is released from many of the hardships caused by a conviction.¹²

6. Does a conviction affect gun rights?

A conviction under this statute may hurt a defendant’s gun rights.

Convicted felons, per California law, cannot legally:

• own a gun, or
• possess a gun.

Recall that a prosecutor can charge a PC 21310 violation as either a misdemeanor or a felony.

An accused then will lose his gun rights if he is convicted of felony dirk or dagger concealment.

7. Are there related offenses?

There are three crimes related to carrying a concealed dirk or dagger. These are:

1. other prohibited knives,
2. special restrictions on knives in public buildings and schools – PC 171b and 626.10,
3. brandishing a weapon – PC 417.

7.1. Other prohibited knives

California prohibits the possession, sale, manufacture or import of the following knives

• air gauge knives,
• belt buckle knives,
• cane swords,
• undetectable knives,
• lipstick case knives,
• shobi-zues, and
• writing pen knives.

Like PC 21310 violations, crimes involving the above knives are charged as wobblers.

7.2. Special restrictions on knives in public buildings and schools – PC 171b and 626.10

Penal Code 171b PC makes it a crime for a person to:

• bring any prohibited knives
• into any state or local public building.

Penal Code 626.10a1 PC makes it illegal to bring any of the following onto a public or private school:

• certain knives, and
• ice picks.

“Certain knives” includes dirks and daggers.

7.3. Brandishing a weapon – PC 417

Penal Code 417 PC prohibits drawing, exhibiting, or using a weapon in a threatening manner.

Note that if a person brandishes a concealed dirk or dagger, he can be charged under both:

• PC 21310, and
• PC 417.

For additional help…

Call us for help.

For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group.

For information on knife laws in Nevada and Colorado, please see our articles on:

• “Nevada Knife Laws,” and
• “Knife Laws in Colorado.”

Legal References: