What are Fixed Blade Knives?
Knife aficionados often use the term "blade" to describe the main component of a knife, and the term "blades" as a synonym for knives in general. This is not correct. A complete knife comprises a blade, handle, and either a guard, pommel, or hilt. The classification of knives that is relevant to California law is the blade, and only the blade. The classification of knives that is relevant to law in California is based solely on the type of blade of the knife, and only the blade of the knife.
Fixed blade knives, also called straight knives, are knives with blades that are affixed rigidly to the handle. Folding knives, also called pocket knives, are knives with blades that fold into the handle. Folders do not have to have a guard, pommel, reverse grip, or hilt. Folders are paradigmatically knives with folding blades.
Fixed blade knives come in several types, depending on handle material, blade shape and ornamentation, and the type of point. Some fixed blade knives were created primarily for show, and others were created for use in a specific trade or profession. Performance characteristics are, as a result of these differences in purpose, significantly different . A carving knife in a suburban kitchen is not going to function in the same way as a combat knife in a war zone.
Blade length varies greatly from a state with a limit on length. There can be a great deal of variation in length among fixed blade knives used by those who work in the same industry. Seaman short knives and knives used by cowboy tend cattle ranchers are examples of this principle. In California, in many jurisdictions where fixed blade knives are legal, there is no limit on length.
The most common types of fixed blade knives found in the hands of civilians include the dagger, dirk, stiletto, harpoon, spearpoint, tanto, gladiator’s knife, and the carving knife. Daggers and dirks are long, double-edged knives. Stilettos are short, often one-edged, and often fullered. Harpoons, spearpoints, and tantos have triangular blades. Gladiator’s knives originated in the Mediterranean region. Carving knives are well known from use in the home. All are legal in most jurisdictions in California unless their primary use is as weapons to harm other persons or to kill them.
California Fixed Blade Knife Carry Laws
California is specific in the prohibitions against carrying a knife upon your person. The concealed carry of knives is clearly prohibited when concealed on one’s person, purse, purse and such items. These are general prohibitions and not specifically against fixed blade knives. As with many laws you have to consider what is intended by the law and what are the actual words being used. Simply put one would expect that the prohibitions against the possession of "dirks," "dirk knives" and "daggers" would cover the fixed blade as the word knife is used in the definition of these banned items. But like many laws, you have to delve into the magic legislative rule and the definitions contained within the law. To read the actual prohibitions against knife possession, first you begin at California Penal Code § 21510.
§ 21310. (a) Any person who carries upon his or her person any dirk, dagger, or concealed knife of any kind is guilty of a public offense, punishable by:
(1) Imprisonment in the county jail for not more than six months, or in the state prison for 16 months or two or three years.
(2) A fine not exceeding one thousand dollars ($1,000).
The law continues on to define the prohibitions. The words dirk, dagger and concealed knife of any kind are truly covered in the definitions further down in the legislation. First the list of definitions regarding dirk, dagger and now covered under the definition of a knife.
§ 21310. (b) As used in this title, the following definitions shall apply:
"Dirk" means a straight, notched, or tapered blade that can be used as a knife and that may be used as a stabbing instrument with the intent to inflict great bodily injury or death.
"Dagger" means a knife with two or more sharply pointed blades double-edged that may be used for stabbing.
"Knife" means any large-seated bladed hand instrument that is capable of fiendishly stabbing, cutting, ripping, or tearing flesh. As used in this title, the term "knife" shall not be construed to make unlawful the transporting, importation, manufacture, sale, offering for sale, furnishing, or possessing of a folding knife with a blade less than 2 1/2 inches in length or a folding knife with a blade of any length that may be opened by the movement of a wrist, hand, or push-button.
So the legislative definition of "knife" is not specific to the traditional understanding of what a knife might be, it includes if something is folding, locked or secured, then it would not be included as a knife. The operative words in the definition are blade less than 21/2 inches in length or a folding knife that may be opened by the movement of a wrist, hand or push-button. The law does not specifically exempt fixed blade knives but does not include them as knives if opened. Therefore, when examining the legislative intent to prohibit knives in California we find that fixed blade knives are not prohibited. The fixed blade must be readily capable of being concealed or worn in a purse, woven into the clothing or concealed in any other manner to be banned.
A good example of how the law is fairly applied is in a case found in the California Court of Appeal in the matter of People v. King. The Appellate court found in favor of the fixed blade knife stating:
In the first place, section 653k, [fn4] upon which defendant was charged, refers to knives "the blade of which is two or more inches in length." Viewed in the light of the legislative history of section 653k and of section 12020 (and section 12026, the latter of which was enacted to mirror section 12020), knives were not "concealed dirks or daggers" unless they fell within certain definite limitations. That is, the Legislature meant to prohibit dirk knives which are "straight, notched, or tapered" and dagger knives, with both of which it was intended to apply only to knives containing a fixed blade. California Penal Code § 653k encompasses dirk, dagger and knife, but when viewed as a whole, the intent of the Legislature was to prohibit the carrying of knives or daggers of certain characteristics and not to regulate the total weight of knives or to limit or regulate their use."
Therefore, when considering the application of California knife laws, one must give deference to the legislative intent of the statute. The wording of the statute has to be looked at within the context of the history behind its enactment, the purpose underlying it, and the evil which it was designed to prevent, United States v. Greene, supra, 980 F.2d at p. 573. When looking at the totality of the language and the legislative history behind it, one must give preeminence to the intention to prohibit fixed blade knives only when concealed on the person.
Knife Size and Legal Compliance
In addition to other identified restrictions, size limitations are also in place to regulate the litigation and possession of fixed blade knives, which is why it is important to know which size category your particular fixed blade knife falls under before you carry or use it. The two categories into which fixed blade knives will fall are: 1.) fixed blade knives with a blade less than 5 inches; and 2.) fixed blade knives with a blade greater than 5 inches.
In California, it is illegal for a person to carry a knife with a fixed blade of greater than 6 inches. (See Cal. Pen. Code 21310(a)). This code section also classifies a knife with a fixed blade of between 5 and 6 inches as a "dirk knife" and prohibits its concealment or carrying on the person, with exceptions. A dirk knife is defined as any "straight bladed knife that has no hand guard or a guard that is not more than one inch in depth." The Code further states that "[n]othing in this paragraph shall be construed to prevent a person from carrying upon his or her person an ordinary pocket knife with a blade less than five and one-half inches."
These statutory provisions leave very little doubt that the state legislature meant to interpret fixed blade knives with blades shorter than 5 inches as legal for public carry and possession. However, California law is not clear on the average carrying condition of these shorter fixed blade knives. While a person may not find himself or herself entangled with the penal code by carrying a dirk knife with a blade less than 6 inches long, there is still the possibility of being subject to the state’s Penal Code section 653k, a crime of misdemeanor unlawful carrying of concealed dirks, daggers and stiletto knives.
Fixed Blade Knife Restrictions in Designated Areas
Fixed blade knives are unlawful to carry on school grounds, childcare facilities, parks, public transport, airports, government buildings, and private property if the business owner wants you to leave.
California Penal Code section 626.10 prohibits you from carrying a fixed blade knife, regardless of length, upon the grounds of a school providing instruction in kindergarten through the 12th grade, or upon the grounds of a day care facility (with exceptions for knife-making activities) unless you are either authorized to do so, or have written permission to do so. School grounds are not limited to buildings or school property. For purposes of section 626.10(a), "school grounds" means all of the public and private property of the institution of learning used for school purposes, or during the times when members of the student body are required to be on the premises for school purposes. This means that school grounds even include the sidewalks and streets immediately adjacent to the school grounds. If, for example, a student "horned" his knife during lunch, off of the school grounds because it was illegal to carry it there, and the student happens to be on a street adjacent to the school, then the student can be arrested for being in possession of the weapon. You cannot carry a knife upon the grounds of a childcare center or family day care home while children are in attendance and classes are being conducted. You also cannot carry a knife within 1,000 feet of the limits of an airport. However, you may possess knives that are considered "ordinary pocket knives or fishing tackle boxes" in these areas. Parks: California Penal Code section 653.7 makes it a misdemeanor to possess certain weapons in a park. The weapons listed by that section are: The law contains numerous exemptions. The exemption includes but is not limited to: Government Buildings: California Penal Code section 171b makes it a misdemeanor to bring a dirk knife or dagger to any state or local public building. The Capitol Building is covered by California Penal Code section 171c, which is a felony to possess any dirk or dagger, "including but not limited to a knife having a fixed blade longer than 2 1/2 inches." Private Property: As with all states, when you enter private property, you are subject to the wishes of the property owner. This means that the property owner and/or his employees may order you to leave the premises if the owner believes you are trespassing upon the property. If the owner says you must leave because he/she doesn’t want you to have the knife on his property, and you do not leave, you may be placed under arrest for trespassing. In some cases, such as a shopping mall, the owner may have given the general public permission to enter the property. That permission may have been conditioned on the promise that you won’t carry knives, refuse to leave when ordered by security or manage to trespass in other areas of the property, such as the roof or certain stores. The law is clear that property owners can have restrictions for people carrying knives on their property. While the law cannot generally restrict the public from open carry weapons on public streets, it can limit access to private property, including malls, shopping centers, private parks, and theaters. Make sure you know what rules apply to the private property you intend to visit.
Penalties for Knife Carry Law Violations
Violating the Fixed Blade Knife Law in California can result in fines, misdemeanor charges, or even felony charges. Generally, fines can reach up to $1000, and/or a person may spend 6 months in a California County Jail if convicted of violating a knife law. Usually, violating California knife laws is a misdemeanor. However, there are certain circumstances under which it can be a felony offense. Also, if a person has a knife or other weapon on his or her person while charged with a felony or in furtherance of a felony, it could become a felony or a "strike" under the Three Strikes Law. Further, it becomes a "serious felony" under California Penal Code 667.5, and a "violent felony" under California Penal Code 667.5.
Fines and penalties vary with the type of prohibited knife . For example, it is illegal to possess Switchblades 2 inches or longer, which is a felony. It is illegal to possess a dirk, dagger, or stiletto knife or a concealed knife or dagger (as a concealed dirk) as a felony. However, it is only "illegal" to possess a knife that is larger than its allowed length. In addition, carrying a dirk/dagger or a concealed dagger/dirk can be a misdemeanor or felony depending on the circumstances (e.g. (1) exhibiting the knife, (2) use of force against a victim, (3) possession in a school, (4) possession while on parole, (5) previous felony convictions, (6) possessing a knife in a government building). Fines tend to run between $500 and $2000 dollars, and jail time can be 6 months to 3 years depending on the underlying circumstance.
Knife Carry Exceptions and Permits
Exceptions to the general prohibition on folding knives in California include certain exceptions for law enforcement personnel and members of the military. There are also specific exceptions for individuals possessing fixed blade knives while engaged in specific activities. Fixed blade knives are allowed by law when used while engaged in:
California law also allows the carrying of fixed blade knives if they are used or carried in accordance with the requirements of a special permit issued by the Department of Fish and Game. In order to qualify for this special permit, a person must provide satisfactory proof that they are a bona fide employee of:
In addition, the director or an authorized agent will not issue this special permit to an applicant unless:
A special permit issued to a company with multiple employees does not constitute proof of satisfactory qualifications for each individual of the company. The company can only use a special permit issued under this section for their employees if each individual employee is identified in the application for the special permit and the issuance of the special permit was approved.
In no event will a special permit be issued to anyone who has been convicted of a violation of subdivision (a), (b), (c), or (d) of California Penal Code section 21510.
Ways to Comply
The most practical advice for complying with California’s laws on fixed blade knives is to avoid intentionally using them as weapons. Unintentional offenses are easier to defend. Notably, directing the blade toward someone in a threatening manner can transform even those knives that are not otherwise illegal in the jurisdiction into prohibited weapons. As a result, if you are licensed to carry a firearm, you may wish to carry an alternative blade like a knife designated as a "folding knife" instead of a "dirk or dagger," because they are more difficult to direct toward someone as a weapon. Folding knives, however, can still be classified as prohibited daggers under Penal Code Section 17235 if they open, and if that is the case, you may need a special permit to carry them concealed. On another note, if your job requires the use of a utility knife , or a knife that may be classified as an illegal blade by some definitions, ensure that you store it properly, and that your supervisor is aware that you need it for your employment. This means that you will need to keep the knife properly sheathed while carrying it, and that you will need to secure it in an employer-approved case or container when inactive. Laws regarding knives vary greatly by jurisdiction, so if you find yourself in a situation where a law enforcement officer accuses you of carrying or possessing an illegal knife, you should speak to an experienced criminal defense attorney. Finally, a great way to ensure that you are not purchasing an illegal blade is to check the regulations on knives specific to your area before buying. In addition, if you know that you own a knife that is illegal in California, do not attempt to bring it here to live or work.