Possession of a Switchblade - California Penal Code Section 21510 PC (2023)

FAQs

Is 21510 PC a felony? ›

Violation of Penal Code 21510 PC is a misdemeanor under California law, that can be punished by as much as: up to six months in county jail, and/or. a fine of up to $1,000.

Under California Penal Code 21510, possession of a switchblade is a misdemeanor and its penalties are up to 6 months in county jail and/or up to a $1,000 fine. Penalties may vary for the possession of other restricted knives.

Switchblades and other spring-loaded knives in excess of 2″ length are illegal to possess on your person or in your vehicle in California, and are also not legal to sell, loan, or give away.

U.S. Code Title 15, Sect. 1241 defines switchblade knives as any knives which open "1) by hand pressure applied to a button or other device in the handle of the knife, or any knife having a blade which opens automatically; (2) by operation of inertia, gravity, or both".

Penal Code 32 PC defines the crime commonly known as being an “accessory after the fact“. This involves knowingly harboring, concealing, or aiding a felon, in order to protect the person from arrest, trial, conviction, or sentencing. A conviction is a felony that can lead to up to three years in state prison.

A violation of PC 29800 is always a felony if you are a felon in possession of a firearm. If convicted, you face: 16 months, 2 or 3 years in county jail. And/or a fine up to $10,000.

Possessing a weapon: the maximum sentence for possession offences is four years' custody. If the offender has committed the same offence before or another relevant offence such as threatening with an offensive weapon in a public place, they will face a minimum sentence of at least six months' custody.

There is no federal restriction on the ownership, possession, or carrying of a switchblade knife. There are some states that have enacted laws regarding switchblades (see State Laws Regarding Auto-Open Knives). The majority of states allow auto-open knives.

The maximum sentence for carrying a knife illegally is four years in prison and an unlimited fine. If you injure someone or use a knife to commit a crime, the penalties could increase.

Switchblades of less than 2 inches are legal to carry in California, as long as they are not concealed. However, they are illegal when the blade is 2 inches or longer. These knives are also known as 'pushbutton knives' 'and ejector knives'.

Can I have a switchblade at home in California? ›

You Can Legally Own a Switchblade at Home

It is also important to know that it is only illegal to possess a switchblade knife in the passenger or driver's area of a vehicle, to carry the knife on you, and to sell, offer to sell, loan, or give the knife to someone else.

According to California Penal Code 16220, a “ballistic knife” is a knife with a spring-loaded blade that can be fired, or shout out, like a bullet. A violation of PC 21110 is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony.

If the blade's natural inclination is to open without the presence of a hindrance, it's a switchblade. If there is nothing blocking the blade and it stays closed, the knife is an assisted opener (assuming it has a mechanism to help open the knife).

The difference is important legally; because the blade does not open simply "by the push of a button or by force of gravity" the assisted-opening knife is typically not considered a switchblade, and may escape the restrictions applying to those in many places.

PC is short for Penal Code.

“Reasonable articulable suspicion” (RAS) and “probable cause” (PC) are two of the most important concepts in criminal work.

A professional corporation or PC is one variation of a corporation. Licensed professionals who want to incorporate their practice can form a PC. However, the shareholders, directors, and officers must belong to the same profession.

In general, a conviction for any felony offense will result in a lifetime ban on your ability to possess or own a gun. Certain misdemeanors, such as those involving domestic violence or even drug offenses, may also result in temporary or lifetime bans depending on the conduct which gave rise to the conviction.

In California, anyone who has a prior conviction for a felony offense cannot own a gun. Doing so violates California Penal Code section 29800 PC – the state's “felon with a firearm” law.

Does a felony ever go away in California? ›

A felony will stay on your record forever in California unless you choose to take action and get the conviction removed. This is called the “expungement process” and generally requires the help of a legal representative to get underway. Rather than the federal courts, state courts handle the expungement process.

Then there are the legal reasons. First off, self-defence is no defence in the eyes of the law. You can be imprisoned for up to four years for just carrying a knife, let alone using it. And you'll get a criminal record.

To be specific, there's a 0.26% chance of you obtaining a knife every time you open a case in CS:GO, which is 1 knife for every 385 cases. This means that if you decide to unbox 10,000 cases, you'll get about 26 knives in total.

Offenders under 18 are still more likely to be cautioned than sent to prison. The maximum sentence for illegally carrying a knife is 4 years in prison and an unlimited fine. The penalties are higher if you injure someone or use a knife to commit a crime.

A switchblade¹ is a serious and deadly weapon. Possession of one under any circumstances is a criminal violation under Penal Code Section 21510.

In general, it is legal to carry a knife in most states. However, there are often limits on knives or bladed weapons that may be carried.

And it is legal for people to defend themselves with a pocket knife as long as they act reasonably. California law permits the use of force in self-defense or defense of others when the victim reasonably believes he/she or others are in imminent danger of physical harm, and that force is required to deflect the danger.

There is a strong public interest in deterring the carrying and use of offensive weapons, knives, blades and corrosive substances.

Possession of an offensive weapon or possession of an article with a blade or point in a public place are both either way offences with a maximum term of 4 years' imprisonment on indictment.

Evidence shows that those who carry knives for their own protection are more likely to become a victim as a result and the knife can be turned on them. However some experts argue that often it is a fear of gangs and crime that leads to young people carrying knives, because they believe it will help to keep them safe.

Can you carry a pocketknife in your car in California? ›

There is only one California statute which specifically references knives in vehicles. You cannot carry a switchblade with a blade 2” or more in length in a vehicle. It is illegal to have a fixed-blade knife concealed on your person, but that is true whether or not you are in a vehicle.

Concealment. A California statute, § 20200 provides: 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.

Unless otherwise unlawful, any person over the age of 18 who is not prohibited from possessing firearms may have a loaded or unloaded firearm at his or her place of residence, temporary residence, campsite, or on private property owned or lawfully possessed by the person.

A U.S. citizen or legal resident over age 18 may generally carry a handgun anywhere within his or her place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident. A permit or license is not required for a person to carry within these locations.

LAW § 4-101, 1958, Congress enacted the federal Anti-Switchblade Act, which banned interstate sale of switchblades, and outlawed them in federal territories or on federal waters. Because few states had domestic switchblade factories at that time, the federal act made it illegal to purchase switchblades in most states.

Automatic Knife Or Switchblade - Also called the flick knife, the switchblade knife or automatic knife fires open from the front of the handle at the gentle press of a button. Unlike spring assisted knives, the natural position of the blade is 'open'.

Switchblade is a miniature, high-precision strike tactical missile system developed by AeroVironment, primarily for the US Army and US Marine Corps. It is designed to engage stationary and moving targets in hostile environments, while reducing collateral damage.

California Penal Code Section 17235 gives the legal definition of a switchblade: a pocketknife with a blade of 2 or more inches that can be released by a flick of a button, by pressure on the handle, by a flip of the wrist, or by another mechanical device.

Their price can range anything from five hundred bucks to over a grand.

What does OTF mean on a knife? ›

For the uninformed, OTF knives are a type of switchblade – that is, an automatic knife which deploys the blade 'automatically' on pressing a button or switch. Specifically, the OTF knife is a switchblade where the blade simply comes 'out the front'.

Penalties

False Impersonation under California Penal Code Section 529 PC is a “wobbler” offense that can be charged as either a felony or a misdemeanor.

A violation of PC 21810 is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony.

Penal Code 243(e)(1) domestic battery statute makes it a misdemeanor crime to use force against an intimate partner. Domestic battery charges are covered under California Penal Code Section 243(e) and one of the most common forms of domestic violence related charges in Los Angeles County.

A violation of California Penal Code Section 212.5 is a felony (as opposed to a misdemeanor). The crime is punishable by up to 9 years in state prison (as opposed to county jail).