Other knives that fall within the definition of switchblade include “balisong” or “batanga” knives, also called “butterfly” or “fan” knives.6 These are folding pocket knives with two handles that counter-rotate around the tang. CA Penal Code § 21510 (2017) Every person who does any of the following with a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor: (a) Possesses the knife in the passenger’s or driver’s area of any motor vehicle in any public place or place open to the public. A judge may be more likely to sentence you to jail time and/or a fine if (s)he finds aggravating factors that may include (but are not limited to): If you are sentenced to summary probation, the judge will impose a number of conditions. Effective January 1, 2012, Penal Code 16965, 17235, and 21510 replaced, without substantive change, former Penal Code 653k. CONTROL OF DEADLY WEAPONS [16000 - 34370] ( Part 6 added by Stats. Definition and Elements of the Crime. Owners of such knives should not be subject to potential arbitrary enforcement of the overly broad language currently contained in Section 653k.”40. California Penal Code 21510 - possession of a switchblade; This statute prohibits carrying, selling, transporting, loaning or possessing a switchblade while in public or while in a motor vehicle. Ballistic knives are a special type of spring-loaded knife, and are covered under Penal Code 16220 and Penal Code 21110.7 Possession of a ballistic knife is punishable by up to one (1) year in county jail. California Penal Code 22210 - possession of a baton; A conviction under PC 21510 can result in the following penalties: Fines of up to $1,000 Jail time of up to six months Although some one-handed opening knives can be opened with a strong flick of the wrist, so long as they contain a detent or similar mechanism that provides some resistance to opening the knife, then the exemption is triggered. [6th October, 1860]CHAPTER I INTRODUCTION Preamble WHEREAS it is expedient to provide a general Penal Code for Bangladesh; It is enacted as follows:- Title and extent of operation of the Code 1. Penal Code 16470. Penal Code 20200 PC — A knife carried in a sheath that is worn openly suspended from the waist of the wearer is not concealed within the meaning of Section 16140 [air gauge knife], 16340 [cane sword], Section 17350 [writing pen knife], or 21310 [dirks and daggers]. Penal Code 171b PC makes it a crime to bring or possesses within any state or local public building — or at any meeting required to be open to the public — any of the following: Violations of Penal Code 171b are punishable by up to one year in county jail as a misdemeanor, or up to 3 years in California state prison as a felony. Moreover, a detent or similar mechanism is prudent and a matter of public safety as it will ensure that a blade will not inadvertently come open. Switchblade Knife PENAL CODE SECTION 21510-21590 21510. possesses a switchblade in the passenger’s or driver’s area of a motor vehicle in a public place, or any place open to the public; sell, offer for sale, or expose a switchblade for sale; or. At the time, movies like West Side Story and Rebel Without a Cause were popularizing the image of a young delinquent with a switchblade or flick knife. Penalties may vary for the possession of other restricted knives. § 30510 As used in this chapter and in Sections 16780, 17000, and 27555, “assault weapon” means the following designated semiautomatic firearms: A criminal record can affect job, immigration, licensing and even housing opportunities. has a blade, or blades, two or more inches in length, which can be released automatically by: thumb pressure applied solely to the blade of the knife, or, provides resistance that must be overcome in opening the blade, or. California Codes > California Penal Code > Part 6 > Title 3 > Division 5 > Chapter 5 > § 21510. The definition of a switchblade under Penal Code 21510 PC is very specific. California Penal Code 29800 - felon with a firearm; It is a crime to possess, carry, acquire, or purchase a firearm if you are a convicted felon or if … Code §21510 bans carrying the knife on your person, distributing the knife in any way, and holding the knife in the front of a motor vehicle. 4. Every person who does any of the following with a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor: (a) Possesses the knife in the passenger's or driver's area of any motor vehicle in any public place or place open to the public. Florida California Penal Code 21510 - possession of a switchblade; This law makes it a crime to possess, carry, sell, offer, or lend a switchblade. As a misdemeanor, carrying a concealed dirk or dagger carries possible penalties of: Under Penal Code 20200 – California’s “open-carry” knife law — you may carry a dirk or dagger on your person as long as it is: Folding knives that don’t meet the legal definition of a switchblade may also be concealed on your person, as long as they are carried in the folded position. you knew it had the characteristics of a switchblade. Art. California III - Judicial Background to current switchblade laws, California law defines “great bodily injury”, California District Attorneys Association, “possession of a switchblade” laws in Colorado, People v. Plumlee (2008) 166 Cal.App.4th 935, People ex rel. a lack of cooperation with the police during your arrest. Copyright © 2020 Shouse Law Group, A.P.C. Penalties for Violating California Penal Code 21510. Criminal Code of the Federation of Bosnia and Herzegovina (2003, amended 2017) (English version) Bulgaria. As used in this part, “dirk” or “dagger” means 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. If you knew you were carrying a knife, but you didn’t know it had the characteristics of a switchblade. A person who violates penal code 21510 is guilty of a misdemeanor offense. 2. Penal Code 626.10(a)(1) – Any person, except a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in this state, a person summoned by any officer to assist in making arrests or preserving the peace while the person is actually engaged in assisting any officer, or a member of the military forces of this state or the United States who is engaged in the performance of his or her duties, who brings or possesses any dirk, dagger, ice pick, knife having a blade longer than 2 1/2 inches, folding knife with a blade that locks into place, razor with an unguarded blade, taser, or stun gun, as defined in subdivision (a) of Section 244.5, any instrument that expels a metallic projectile such as a BB or a pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun, upon the grounds of, or within, any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. California Penal Code Sec. Even though Jane never had any intention of using the knife as a weapon, she gets charged with the crime of possession of a switchblade. 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. “Dirks” and “daggers” – Penal Code 16470 and 21310, 6.2. Fortunately, there are a number of legal defenses that a good criminal defense lawyer can present on your behalf. Jane is arrested one night on suspicion of a DUI and the knife is found in her purse. 2010 California Penal Code 21510. Punishment of Under California Penal Code 21510, possession of a switchblade is a misdemeanor and its penalties are up to 6 months in county jail and/or up to a $1,000 fine. air gauge knives [items that appear to be air gauges, but are actually knives]. Sell, offer or expose for sale, or loan, transfer, or give the knife to anyone else. Possession of a Switchblade Knife – Penal Code Section 21510 It is illegal to possess a switchblade knife under California Penal Code Section 21510 . Washington, US Supreme Court It doesn't matter whether it's concealed or even if you wear it openly on a sheath on your belt. You didn’t know that you were carrying a switchblade. See, Bill Analysis by the Senate Committee on Public Safety, 2001-2002 Regular Session. (b) Carries the knife upon the person. 1. Nevada Penal Code 16600 PC —  As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, “great bodily injury” means a significant or substantial physical injury. The Penal Code defines the vast majority of the crimes. ), Alabama After passage of the new law, law enforcement began finding imported knives possessed by criminals which appeared to meet the technical language of the exemption; namely switchblade knifes equipped with thumb studs which served no real purpose. introduce or transport a switchblade in interstate commerce. Related Offenses. California Penal Code section 16140 PC and 20310 PC. Penal Code 21510 PC, which is the California statute governing switchblade knives. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. Art. Penal Procedure Code of the Republic of Bulgaria (2006, amended 2011) (English version) Criminal Code of the Republic of Bulgaria (1968, amended 2017) (English version) Canada. Penal Code 21310 PC makes it a crime to carry a concealed “dirk” or “dagger” upon your person. Possession, etc., of Switchblade Knife (Pen. Due to the fact that switchblade knives can be dangerous weapons and easily concealed, California has put in place strict laws regulating the sale and possession of switchblades. Exceptions are crimes committed on some federally owned properties, such as: The federal switchblade statute is set forth in 15 USC 1241 – 44. prohibited by Penal Code section 21510) is not a dirk or dagger unless. What can a defense attorney do to fight the charges? you knew you had a switchblade on your person or in your vehicle, AND. (c) Sells, offers for sale, exposes for sale, loans, transfers, or gives the knife to any other person. [A knife carried in a sheath and worn openly suspended from the waist. She keeps it with her at all times as a keepsake reminder of him.Jane has no interest in using the knife as a weapon. Mautner v. Quattrone (1989) 211 Cal.App.3d 1389, Understanding Bias Toward Closure and Knife Mechanisms, People v. Barrios (1992) 7 Cal.App.4th 501, Bigamy, Incest, and Other “Marriage Crimes” in California, Penal Code 1203.42 expands the right to “expunge” a crime in California. Penal Code (CHAPTER 224) (Original Enactment: Ordinance 4 of 1871) REVISED EDITION 2008 (30th November 2008) An Act to consolidate the law relating to criminal offences. Effective January 1, 2012, Penal Code 16965, 17235, and 21510 replaced, without substantive change, former Penal Code 635k. State Code: California Penal Code 17235 and Penal Code 21510 Limited – Illegal to carry openly or concealed on one's person, or in a motor vehicle stationed in a public place or place open to public unless blade is under 2 inches – Cal. Arizona ); People v. Lopez (2007) First Appellate District, Division One, No. Please complete the form below and we will contact you momentarily. In 2009, the federal law was amended. What is prohibited under Penal Code 21510 PC? See our related article on California’s laws on dirks and daggers. A dirk or a dagger is defined in Penal Code 16470 PC as: California law defines “great bodily injury” to mean a significant or substantial physical injury.18. 2010, Ch. 2010 California Code Penal Code Chapter 5. Penal Code 21510 PC makes it a crime to carry, possess in public, sell or give away a switchblade in California. Are Cameras in Bathrooms Illegal in California? CONTROL OF DEADLY WEAPONS [16000 - 34370] CHAPTER 5. 2011 California Code Penal Code PART 6. Current as of: 2010. Such mechanisms ensure there is a measure of resistance (no matter how slight) that prevents the knife from being easily opened with a flick of the wrist. These can include (but are not limited to): In California it is legal to carry some… but not all… other types of knives on your person if they are openly worn. Penal Code 16965 PC – As used in this part, “passenger’s or driver’s area” means that part of a motor vehicle which is designed to carry the driver and passengers, including any interior compartment or space therein. Consider the results of a PC 25400 conviction and focus on defenses for this criminal charge. Also, Penal Code section 21310 prohibits a carrying a concealed dirk or dagger. Penal Code 21510 PC10 makes it illegal to do any of the following: The “passenger’s or driver’s area” is the part of a motor vehicle designed to carry the driver and passengers, including any interior compartment or space therein.12. Obviously, Los Angeles County has so many issues with weapons and guns that if the police catch you with a switchblade knife, they’re definitely going to arrest you and charge you with that crime. It's always illegal. (c) Sells, offers for sale, exposes for sale, loans, transfers, or gives the knife to any other person. Specifically, if a switchblade has a blade two inches or more in length, it is a crime to: Violation of California’s switchblade laws is a misdemeanor offense, punishable by either: Unlike some other knives, which may be carried on your person if closed or if openly worn, switchblades may not be carried at all, even if the blade is not exposed.2 In other words, there is no “open-carry” exception to the switchblade laws.