Penal Code 21510 PC - Possession of a Switchblade
California Penal Code 21510 PC prohibits carrying, possessing in public, selling, or giving away a switchblade knife. If convicted, this misdemeanor crime carries probation, a fine, and up to six months in county jail.
Penal Code 17235 PC says, "As used in this part, "switchblade knife" means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife, or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever."
"Switchblade knife" does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade or that biases the blade back toward its closed position.
Notably, if a switchblade has a blade two inches or more in length, it is a crime to 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.
It's also illegal to carry the switchblade on your person or sell, offer or expose for sale, or loan, transfer, or give the knife to anyone else.
Unlike other knives, which can be carried on your person if closed or openly worn, switchblades may not be carried, even if the blade is not exposed. This means there is no open-carry exception to the switchblade laws.
Suppose you carry a switchblade concealed on your person. In that case, you can be charged with violating Penal Code 21310 PC, which prohibits carrying a concealed dirk or dagger, which carries up to three years in state prison.
What Does the Law Say?
California Penal Code 21510 PC says -
"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.
(b) Carries the knife upon the person.
(c) Sells, offers for sale, exposes for sale, loans, transfers, or gives the knife to any other person."
Switchblade Knife - Quick Facts
- A switchblade is a pocketknife with a blade at least 2 inches in length and flips open either through a button or another mechanism.
- Butterfly or fan blades are also considered switchblades under the statutory definition.
- It's illegal to carry the switchblade onto a bus or any other form of public transportation,
- It's also illegal to possess the switchblade in public or in private, sell, offer for sale, loan, or give the switchblade to anyone.
- It is illegal to knowingly own, possess, or carry a switchblade in California.
- It does not matter if you openly carry a switchblade, leave it open, or conceal it, and any possession of a switchblade can lead to criminal charges.
- It's irrelevant if you did not intend to use the switchblade as a weapon, as possession alone is sufficient for a conviction.
- To carry a switchblade "upon your person" does not just mean holding it, but also when you have control over the switchblade, meaning in your pocket.
- An expungement for possession of a switchblade conviction is possible under California law at Penal Code 1203.4 PC.
What Must Be Proven to Convict?
To convict you of PC 21510 carrying a switchblade, the district attorney must prove, beyond any reasonable doubt, all the elements of the crime, including the following:
- You knew you were carrying a switchblade on your person or vehicle.
- You knew it had the characteristics of a switchblade.
Notably, there is no requirement to prove you had the intent to use the switchblade knife as a weapon to be convicted. Put simply, it's illegal to have possession of a switchblade knife in California knowingly.
What are the Penalties?
If convicted of violating PC 21510, possessing a switchblade, a misdemeanor, you will face the following punishments:
- Up to six months in county jail,
- A fine of up to $1,000.
However, judges will typically grant probation in lieu of jail time, which includes the following terms and conditions:
- No violations of other criminal laws,
- Random drug or alcohol testing,
- Community service hours,
- Participating in counseling or treatment or
- Paying restitution.
Several other types of conditions can be imposed depending on the facts and circumstances of the case.
Crimes that are considered crimes of moral turpitude under United States immigration law can result in deportation or inadmissibility. Deportation involves being physically removed from the country, and inadmissibility covers someone's ability to enter the United States legally. This underscores the far-reaching consequences of a switchblade possession conviction.
What are Aggravating Circumstances?
Notably, a PC 21510 misdemeanor conviction will not typically include jail time. However, there are some aggravating circumstances where you might receive jail time, such as the following:
- You have a prior criminal history.
- You have a history of violent behavior.
- You had the intent to use the switchblade as a weapon.
- You are a gang member or engaged in gang activity.
- You resisted arrest or were not cooperative with police.
What is a Dirk or Dagger?
A closely related crime to PC 21510 possession of a switchblade is Penal Code 21310 PC's concealed dirk or dagger law. Penal Code 20200 PC prohibits open carry of a dirk or dagger.
A dirk or dagger is defined under PC 6470 PC as a knife or other instrument capable of being used as a stabbing weapon that can cause great bodily injury or death upon another.
This is a wobbler offense that, depending on the facts and circumstances, the prosecutor can charge as a misdemeanor or felony.
If charged as a misdemeanor, a conviction for the concealed carry of a dirk or dagger can result in up to one year in the county jail and a $1,000 fine.
If charged as a felony offense, a conviction can result in up to three years in state prison and a $10,000 fine.
What are Related Laws?
Other related statutes for possession of a switchblade include the following:
- Penal Code 21810 PC - possession of brass knuckles,
- Penal Code 417 PC - brandishing a weapon,
- Penal Code 245(a)(1) PC - assault with a deadly weapon,
- Penal Code 16590 PC - possession of prohibited weapons,
- Penal Code 171b PC - weapon possession in a public building,
- Penal Code 626.10(a)(1) PC - weapon possession in schools.
Carrying a switchblade is also illegal under federal law under 15 USC 1241-44. If convicted, you are facing five years in prison and a fine of up to $2,000.
What are the Defenses?
Suppose you are charged with possession of a switchblade. Our California criminal defense lawyers can use various strategies, as discussed below. Perhaps we can argue that the knife is not a switchblade under the statutory definition or that you did not own the switchblade.
Perhaps we can argue that you did not know that the knife was considered a switchblade. Perhaps we can say that the evidence was illegally obtained by law enforcement or there were constitutional violations by the police.
If the police obtained the switchblade during an illegal search, a motion to suppress the evidence could be filed, leading to an outright dismissal of the charge.
Perhaps we could challenge whether the police officer had probable cause to search you or your vehicle. If successful, the switchblade could be suppressed as evidence, forcing the prosecutor to dismiss the charges.
Perhaps you were unaware you were carrying a switchblade in your vehicle. Remember, the burden of proof is on the prosecutor. Maybe we can cast doubt whether you knew you had the knife.
Through prefiling negotiations with the District Attorney, we might be able to persuade them to reduce or drop the charges. For more information, contact our criminal defense law firm based in Los Angeles.
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