Butterfly knives are prohibited in California under Penal Code 21510 PC since they are regarded as a type of switchblade. In particular, carrying, possessing, selling, or otherwise transferring a butterfly knife in public is illegal.
Misdemeanor convictions are punishable by up to six months in prison.
Does California have laws against butterfly knives?
Sections 21510 and 17235 of the California Penal Code forbid the use of butterfly knives.
The following actions with a switchblade knife that has a blade length of two inches or more are forbidden by Penal Code 21510:
- own the knife in the front of a car in a public setting or anywhere else that is accessible to the general population,
- hold the blade, or
- The knife may be sold, put up for sale, loaned, transferred, or given away.
Additionally, law enforcement must demonstrate that you:
- was aware that you were carrying or possessed in your car a switchblade, and
- was aware that the knife possessed switchblade traits.
- They only need to show that you had the knife, not that you meant to use it as a weapon.
A butterfly knife: what is it?
One kind of pocketknife that conceals its blades when folded is called a butterfly knife. The folding knives’ blades are hidden inside handle grooves when the handle is closed.
After that, a clasp holds the handles together. A simple flick of the wrist will reveal the blade once the knife’s handles have been unlatched.
Other names for butterfly knives include:
- fan blades,
- balisong blades, or
- Knife from Batanga.
The knife’s Philippine provenance is reflected in its names.
Maryland Stand Your Ground Law: When Can You Legally Fight Back?
What consequences result from a conviction?
In California, it is a misdemeanor to possess a butterfly knife. Convictions are valid up until:
- county jail for six months, and/or
- $1,000 in penalties.
Misdemeanor probation, however, is the punishment for many of these cases. Also referred to as summary probation, this would spare you from going to jail. Rather, community monitoring would be used to serve the term.
The conditions of your release would have to be followed. These frequently contain words like:
- carrying doing volunteer work in the community,
- avoiding arrest or committing another crime,
- attending therapy,
- electronic surveillance, and
- not getting in touch with or hanging around with specific individuals.
Missouri Stand Your Ground Law: When Can You Legally Fight Back?
Does a switchblade violate any other knife regulations in California?
According to California’s knife regulations, a butterfly knife may potentially result in further charges for:
- being in a public place with a knife (Penal Code 171b PC),
- entering the school premises with it (Penal Code 626.10 PC),
- with the butterfly knife (Penal Code 417 PC) in hand and
- assaulting someone with a knife (Penal Code 245a1 PC).
A number of these offenses are extremely serious. Assaults involving butterfly knives are punished by up to four years in state prison as felonies.
Does the possession of knives fall under any municipal laws?
Knife possession is governed by laws and ordinances specific to some counties and towns. Courts have reached varying decisions regarding which law is enforced when these regulations clash with California state law.
For instance, a local rule in Los Angeles County prohibits carrying a knife in the open that has a blade longer than three inches. Additionally, the City of Los Angeles prohibits carrying a concealed weapon.
- all lethal or dangerous weapons,
- includes blades.
These laws’ intersections may cause misunderstandings. For those who choose to carry knives for self-defense, the legal counsel of a criminal defense attorney can help to clarify matters.
Leave a Comment