An Overview of San Diego Knife Laws
Laws governing the possession, carry, and use of knives can be complex, varying widely not only from state to state but, often, from city to city as well. This is certainly the case with San Diego knife laws, which are governed by California state knife laws as well as by local ordinances in the city of San Diego and the county of San Diego.
As a general rule, the most important knife laws in California governing knife possession and use are found in Cal. Penal Code sections 171b and 12020. Under section 171b, it is illegal to possess any knife with a blade longer than 2.5 inches in hospitals, schools, day-care centers, or public buildings (including offices or courts) that provide health care services (except emergency treatment). It is also illegal under this section to possess a "dirk" (a fixed-blade knife) or a "dagger" (which may be either fixed or folding) that is capable of being concealed upon the person (and a dirk or dagger concealed in the home is not protected).
It is illegal to carry fixed-blade knives on one’s person. Fixed blades are any knives that are not folding knives. Also illegal to carry are any dirks or daggers, including folding dagger blades, even though those may have otherwise met the criteria for legal possession. Folding knives, however, are lawful to carry so long as they meet certain requirements.
As noted, the type of knife that may be carried is restricted, but the length of the knife’s blade increases based on the circumstances of the carry. In general, the size limits for lawful carry without restriction are:
There is an exception for folding knife knives under 2 inches in blade length, and folding knives that are less than 2 inches in length are not subject to a size limitation .
But there are important differences between the different types of knife permitted to be carried. While folding knives may be carried openly without restrictions, concealed carry of folding knives is limited in two ways – both by size and by whether the knife is a "dirk" or "dagger." Concealed dirks and daggers may not be carried at all so long as they are of any size, and concealed folding knives may only be carried when less than 2 inches in blade length. While the size and type of knife carried is limited for purposes of concealed carry, California law does not limit the size or type of knife that may be carried openly.
Certain knives, such as large knives and knives that can be opened with one hand, are banned from all carrying by anyone for any reason. These illegal knives include:
A number of knives are banned in California but are legal to possess and carry subject to size limitations, such as:
Fixed-blade knives (but potentially not dirks or daggers) may be carried in a backpack, purse, or other contained manner separately from the operator. Carrying any knife in a motor vehicle is legal so long as it is stored in a compartment separate from the person (e.g. trunk) or at least 20 yards from the vehicle’s immediate access point.
San Diego city and county knife laws are found in the San Diego County municipal code sections 32.1010 and 32.1011. Several restrictions apply. First, folding knives are limited in length if carried open or close. Ban on carrying folding knives is enforced against those who carry knives with a blade longer than:
Legal Knives Types in San Diego
Applicable California state knife laws are very general and less specific concerning the types of knives that can be owned in California compared to other weapons. In San Diego, whether a knife is legal or not really depends on the use of the knife, but there are certain types of knives that are strictly illegal regardless of use. The best way to understand the legality of knives in San Diego is to go through each type of knife used for self-defense purposes.
Switchblades, daggers, stiletto, dirk knives, bowies, dirks, swords, knives with a fixed blade longer than 5 inches, and other knives that open automatically or may be ejected into the air by means of spring-loaded mechanism are illegal in San Diego under California Penal Code 17235. PK 17235 states that a dirk or dagger is a "dagger or dirk knife and that a dirk or dagger is a knife with a blade of at least 5½ inches."
Under PK 17235, Stiletto knives are generally defined as any blade that opens automatically by inertia or gravity or by a thrust or movement into a rigid, nonflexible sheath, including the sheath attached to the handle of the knife. Dirks are described as any "straight edged blade that may be used to stab." So while illegal, a switch blade dirk may be considered a stiletto knife as well.
Dirk or dagger knives described in PK 17235 are illegal to own. But PK 17235 does not specifically address switchblades. This omission in PK 17235 could indicate a switchblade as described in PK 17232 is not a dirk or dagger and is thus legal to own in San Diego.
Pocket knives and folding knives have also been challenged by California state legislators in recent years. Although pocket knives are hand-held, folding knives with blades over 2 inches are illegal in San Diego.
Moreover, foldable knives are pocket knives when their blades are folded, but when the blade is extended, they become stiletto knives when in their unlocked position. In other words, foldable knives become illegal if used as daggers or stiletto knives.
Notice that only daggers and stiletto knives are illegal to own in San Diego. So unless the foldable knife can be used as a dagger or stiletto knife, no regulation should exists concerning its use since these are illegal to own.
A dagger or stiletto is any knife that can be used to stab. And folding knives can not be folded while in use to stab. That means folding knives can’t be daggers or stiletto knives. Therefore, folding knives should have no regulation in San Diego so long as they are not used as daggers or stiletto knives. It’s when they are used as daggers or stiletto knives where the folding knives become illegal.
Switchblades, daggers, and stiletto knives are illegal in San Diego, but pocket knives and folding knives are legal. Thus, there may be no restrictions on pocket knives and folding knives, other than the size of the blades used.
Knife Carrying and Possession Restrictions
As much as it’s important to know what knives you can carry, it’s equally important to understand where and how you can and cannot carry them.
In San Diego County, it is legal to openly carry a knife except in the below places: Have in mind that this prohibition on carry does not apply to persons who are "while in the actual discharge of official duties". This extends to security officers, police officers, volunteers for police departments, etc. So don’t be surprised if you find yourself in a conversation with a police officer while carrying a knife with no valid reason to do so.
The above prohibitions are true for both knives and dirks (dirks are specifically described as "a straight, sharp-bladed, stabbing knife without a handguard"). If you’re carrying any knife concealed with some intention to use it as a weapon, that is illegal too.
In general, you need to be at least 18 to legally carry dirks and daggers. If you’re less than 18 years old, you can carry any knife unless it is locked in position (lockback). If your lockback knife is a dagger or dirk, it is illegal to carry it. In case you’re carrying a knife but it is accidentally visible, you may have the right to argue that you’re not guilty because you weren’t concealing the weapon – this was an accident.
Knife Carry Bans: Prohibited Places in San Diego
In San Diego, there are a number of locations where the open or concealed carry of a knife is strictly prohibited. This is most notably the case around schools. While California universities have their own regulations, primary, middle, and high schools ban the possession of any type of knife in K-12 schools, on school grounds and at school-sponsored events. Even knives that are legal to carry under California law in general are restricted in this context. An exception is made for non-student adults who are able to obtain authorization, on a case-by-case basis, from the principal at the relevant school.
Additionally, knives are generally banned at California universities, although they are not categorically prohibited. The University of California, San Diego (UCSD) bans knife possession both on and off of campus. Similarly, The University of San Diego prohibits knives except with permission of the school’s Department of Public Safety. Even if you could obtain permission, the university still classifies knives as dangerous weapons.
You are also barred from carrying a knife at a public security facility, such as a jail, penitentiary, courthouse, airport, or military base. However, with permission and as per the use guidelines, a small folding knife may be permitted. You cannot carry a knife inside a federal facility, including police stations and other buildings operated by a federal employee or contractor.
In a public park or place of Assembly in San Diego County, you are barred from carrying a knife unless you meet certain conditions. If you are carrying a bodyguard knife, push dagger, dirk, dagger, or a switchblade, you may not do so within 1,000 feet of a park, public school, or youth center. You may not carry a concealed knife unless you have a permit. If you carry a knife openly to a public place in prohibited circumstances, you face a misdemeanor charge.
Penal Consequences: Knife Law Violations
Knife crimes are usually charged as misdemeanors in San Diego and can be punished by fines up to $1000 and/or jail time of up to 6 months. However, using a knife to commit certain crimes, such as assault, robbery, or homicide, is a felony which can land you in prison for much longer. In California, knife-related felonies are charged as "strike" offenses. Felony convictions can result in long term, serious consequences, including a lifetime ban on possessing firearms (and knives), eligibility to vote, and eligibility for public office .
Other less serious cases of knife crime can be resolved with an infraction ticket requiring a fine payment, much like a parking ticket. Such an infraction is not a conviction.
Our experienced San Diego knife lawyers provide comprehensive legal services for knife crime cases. Though local police and prosecutors take knife laws seriously, they sometimes overlook a suspect’s legal rights.
Using Knives for Self Defense
When is an act of violence, such as stabbing, a legitimate self-defense? The California courts generally require some element of provocation for dangerous self-defense acts such as using a knife. If you walk up to the victim and stab him coldly with a knife, your act of violence would not be considered self-defense. The legal test to determine whether a person acted in self-defense requires that a person show that he acted to prevent imminent harm to himself and that the amount of force that he used was necessary to do so. In essence, if the person provoked the altercation then he cannot be allowed to legally defend himself. The California self-defense statute requires that the act be proportionate to the threat. Thus, the individual must only use a knife if he is facing some kind of physical threat. When a person takes up a knife, for example, and uses it on another, the courts will definitely regard that as use of deadly force, which is disproportionate to mere threaten of harm. A self-defense knife statute that outlines how self-defense with a knife may be used is California Penal Code 197 which state: "[H]omicide is justifiable when committed by any person in any of the following cases: 1. When resisting any attempt to murder or to commit any felony upon the person himself, or another; or. 2. When committed in the lawful defense of property, against many person who manifestly intends or endeavors, by violence, or surprise, to commit a known felony, or against persons who manifestly intend and endeavor, by violence, or surprise, to do some great bodily injury upon any person. [N]o more force shall be used in such cases than is necessary to prevent the injury. "A person is not entitled to recourse to a knife in self-defense until he has unsuccessfully exhausted every possible alternative short of violence". Conversely, there are also instances in which a person can successfully utilize a knife in self-defense. For example, when a group of men surround a woman and one holds her down while another tries to stab her with the knife, the entire group can be dealt with by the woman’s knife, b/c they are committing a deadly force which the woman is allowed to use the knife in self-defense. Additionally, in the situations in which the woman is able to communicate with her aggressors, she should try to take action to avoid conflict, such as negotiating or requesting help, to exhaust all avenues before using the knife to protect herself.
Current Updates and Changes to Knife Laws
Recent changes in California law have expanded the legal use of certain knives and blades. And with that, the City of San Diego has updated its ordinances to comply with the state law. Knife Rights won a unanimous decision from the 9th Circuit Court of Appeals on November 7, 2012, in the case of Daniel v. City of Tampa, which resulted in the struck down of Tampa’s knife ordinances as unconstitutional. In order to avoid further litigation, some cities, including San Diego, have recently detailed limits on blade length and design. The top line takeaway is that ordinary folding knives are now legal to carry concealed unless they are switchblades, dirks or daggers. Most brass knuckles are now legal, as well as a third category of "other deadly weapon" that is neither a dirk, dagger, knife nor a metallic knuckles. Other types of prohibited knives still exist in the two other regulated groups, so make sure to consult an attorney before carrying a knife anywhere in San Diego. In addition, it is no longer a felon to carry a concealed any knife other than a dirk or dagger, which means that carrying a pocket knife is now a misdemeanor instead of a felony. And no one can be punished for possession of an oversized knife intended solely as a collector’s item, such as a machete or sword, in their home or car as long as it is not being transported on its person. Make sure to check with local ordinances in addition to state law, of course.
Ways to Keep Up with Knife Laws
Staying current and understanding local knife laws can be challenging. Even the most seasoned professional can face ambiguity when interpreting laws that are both substantive and procedural. As an individual who is interested in keeping abreast of the law, and sustaining an enhanced level of security and well-being in your personal life, you should learn about local laws and stay informed on any changes. In particular, knowing how to research the law is crucial. California and San Diego in particular have a number of resources that you can utilize to research and stay informed regarding knife laws. The San Diego County Sheriff’s Department is a reliable resource for information on the types of knives that are illegal to carry in San Diego County, as the Sheriff’s Department is responsible for enforcing knife laws. The Sheriff’s Department keeps updated information on knife laws readily available to the public on their website at www.sdsheriff.net. If you are facing criminal charges for an alleged knife law violation , or if you would like information on a specific type of knife or a particular situation, it is always helpful to consult directly with the Sheriff’s Department via a telephone consult with an officer who is knowledgeable about knife laws. In addition to contacting the Sheriff’s Department, individuals seeking to stay informed about knife laws may want to subscribe to legal electrical services such as Westlaw and Lexis. These services are subscription based and provide subscribers with access to numerous archives of case history with respect to court cases, changes in statutes, and other legal documents. Not only can Westlaw and Lexis provide you with information on the law as it is written, but they also can keep you informed on how courts interpret and apply the law. If you are facing criminal charges for a weapons offense in the City of San Diego or elsewhere in San Diego County, you need to hire an attorney who has a thorough understanding of the law, applicable case precedent, and familiarity with the local courts, local law enforcement and legal counsel.