In California, butterfly knives are prohibited. Under California Penal Code 21510 PC, butterfly knives are classified as a form of switchblade. Carrying, possessing in public, selling, or otherwise transferring a butterfly knife is illegal under this legislation. Convictions are minor violations that can result in a prison sentence of up to six months.
Keep reading to learn more about this and other weapons charges. If you are facing charges or accusations related to butterfly knives, contact Chambers Law Firm at 714-760-4088 for a free legal consultation with an criminal defense attorney who can help you.
The basics of charges related to butterfly knives
Butterfly knives are illegal in California under Penal Code sections 21510 and 17235 PC. Knowingly doing the following things with a switchblade knife with a blade length of 2 inches or more is illegal under Penal Code 21510: carrying the knife, selling the knife, offering it for sale, loan, transfer, or giving the knife away in front of a motor vehicle in a public area or any location open to the public.
What the prosecution has to prove
The burden of proof for law enforcement is to show that the defendant carried a switchblade on their body or in their vehicle, and that the knife possessed switchblade features. They need to show that the defendant had the knife and that he planned to use it as a weapon.
Butterfly knives are included in this description of a switchblade, according to a California appeals court, since they may readily be opened with one hand and do not have a catch to prevent them from opening.
What makes a knife a butterfly knife
A butterfly knife is a pocketknife with blades that may be folded to conceal them. The blades of the folding knife are hidden behind grooves in the handles when the knife is closed. After that, a latch is used to keep the handles together. With a flick of the wrist, the knife’s handles may be opened and the blade exposed after the lock is unlatched.
Butterfly knives are also known by the following names: fan knives, balisong knives, and batanga knives.
Repercussions if you’re found guilty
In California, having a butterfly knife is a misdemeanor. Convictions can result in up to 6 months in county prison and/or $1,000 in fines.
Many of these instances, however, result in misdemeanor probation. This is also known as summary probation, and it means the accused will not have to serve any time in prison. The sentence would instead be spent under community supervision. The probationer would be required to follow the conditions of his or her release.
To find the best possible outcome for your case, contact Chambers Law Firm at 714-760-4088 and request a free legal consultation.
