In California, the law takes a strict approach to certain types of knives, including butterfly knives. According to Penal Code 21510 PC, butterfly knives fall under the category of switchblades and are therefore illegal.
This blog post delves into the specifics of these weapons laws, the penalties for violations, and the broader context of knife regulations in California. If you require legal assistance or advice in this regard, Chambers Law Firm at 714-760-4088 can provide expert guidance.
Butterfly Knives: A Prohibited Item Under California Law
Butterfly knives, also known as balisong or fan knives, are considered switchblades under California Penal Code sections 21510 and 17235 PC. These knives have blades concealed inside handles that are secured by a latch and can be flicked open with one hand. The prohibition involves possessing these knives in public, carrying them, and selling or transferring them in any way.
Understanding the Penalties for Violating Butterfly Knife Laws
Possession of a butterfly knife is classified as a misdemeanor in California, carrying penalties of up to six months in county jail and/or fines up to $1,000. However, the actual sentencing can vary, with options like misdemeanor probation often considered, depending on factors like criminal history and the specifics of the case.
The Federal Perspective on Switchblades
Beyond state laws, there’s a federal statute that prohibits the possession, transportation, and distribution of switchblades, including butterfly knives. Violating this federal law can lead to fines up to $2,000 and/or imprisonment for up to five years. This law applies to federal lands and other areas under federal jurisdiction, such as military bases and national parks.
Other Prohibited Knives in California
California’s knife laws categorize various types of knives and their legality. Aside from butterfly knives, other prohibited items include ballistic knives, belt buckle knives, spring-blade knives, and more. These are considered dangerous weapons and are illegal to carry.
Legal Carrying of Other Knife Types
The state differentiates between knives that can be legally carried, either openly or concealed, and those that are always illegal. For example, folding knives like pocketknives and Swiss Army knives can be carried openly or concealed. However, for dirks and daggers, which can be used as stabbing weapons, only open carry is legal.
Local Laws and Ordinances on Knife Possession
Local jurisdictions in California may have additional regulations or ordinances governing knife possession. For instance, some areas may restrict the open carry of knives with blades longer than a certain length. It’s crucial to be aware of both state and local laws to ensure compliance.
Seeking Legal Advice and Representation
If you find yourself facing charges related to the possession or use of a butterfly knife or any other prohibited weapon, seeking legal counsel is essential. Chambers Law Firm at 714-760-4088 offers experienced representation and advice to help you navigate the complexities of California’s knife laws.
