New 2012 Penal Code 16470 Dirk or Dagger Law, the law and laws that govern the carry of fixed bladed knives in California.
Penal code 16470 deals with fixed bladed knives. Now listen carefully because this law could be used against you even without a knife in your hand. Also be aware that even if it meets one Penal code, you must also follow all other pertaining penal codes about knives to be legal.
Penal code 16470 states As used in this part, "dirk" or "dagger" means a knife or other instrument with or without a hand guard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A non locking folding knife, a folding knife that is not prohibited by Section 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position.
Penal Code 21510 states, 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. 21590. The unlawful possession or carrying of any switch blade knife, as provided in Section 21510, is a nuisance and is subject to Sections 18000 and 18005.
What is a switch blade is defined in 17235. 17235 states As used in this part, "switchblade knife" means a knife having the appearance of a pocket knife 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 of the knife 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.
Be aware Penal Code 20200 states 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, 16340, 17350, or 21310.
Now after all that info, say you get into a fight and let's say you're holding a pen. A Bad LEO might say you are in possession of a deadly weapon because you could use the that pen, to do deadly damage to the other.
Also remember to check your local municipal and ordinances as well for fixed blade laws.
That's it for now, as always I'm not a lawyer if you want real legal advice seek out your own criminal lawyer, well bye for now.
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