Penal Code 21310 PC – Carrying Concealed Dirks or Daggers

Updated


Penal Code 21310 is the California statute that makes it a crime for a person to carry a concealed dirk or dagger. Police often write the citation as a violation of "21310 PC" or "PC 21310."

A “dirk” or “dagger” is a long thrusting knife that can cause great bodily injury or death if used to stab someone. Examples include:

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

PC 21310 is one of several California knife laws.

The statute 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:

Penalties

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

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:

Our California criminal defense attorneys will highlight the following in this article:

dirk dagger in a museum case

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?

A defendant can beat a dirk or dagger charge with a legal defense.

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 was not a “dirk” or “dagger.”

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 beat a charge by showing that he was lawfully carrying a dirk. Perhaps, for example, he had it in a sheath and suspended from his waist.

2.3. Unlawful search and seizure

Police cannot conduct a search or take property without a valid search warrant (or a valid excuse for not having one). If authorities obtain evidence from an unlawful search and seizure, then that evidence can get excluded from a criminal case. This means that any charges in the case could get reduced or even dismissed.

man behind bars
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:

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:

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

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...

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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:


Legal References:

  1. California Penal Code 21310 PC.

  2. CALCRIM No. 2501 - Carrying Concealed Explosive or Dirk or Dagger. Judicial Council of California Criminal Jury Instructions (2017 edition).

  3. See same. See also People v. Rubalcava (2000) 23 Cal.4th 322.

  4. See same. See also People v. Fannin (2001) 91 Cal.App.4th 1399; and, People v. Grubb (1965) 63 Cal.2d 614.

  5. CALCRIM No. 2501 - Carrying Concealed Explosive or Dirk or Dagger. See also California Penal Code 16470 PC.

  6. CALCRIM No. 2501 - Carrying Concealed Explosive or Dirk or Dagger.

  7. CALCRIM No. 2501 - Carrying Concealed Explosive or Dirk or Dagger. See also In re Luke W. (2001) 88 Cal.App.4th 650; and, In re George W. (1998) 68 Cal.App.4th 1208.

  8. See same.

  9. CALCRIM No. 2501 - Carrying Concealed Explosive or Dirk or Dagger.

  10. California Penal Code 21310 PC. See also California Penal Code 19 PC.

  11. California Penal Code 21310 PC. See also California Penal Code 1170h.

  12. California Penal Code 1203.4 PC.

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