What is a Switchblade?
A switchblade knife is a blade that is usually opened with a spring-loaded mechanism. Though not traditionally known as automatic knives, these knives are mechanically operated with the push of a button or flick of a lever. Simply put, a switchblade is a type of knife that has a blade that protrudes from its main handle once it is sprung open (usually by a button). Once engaged, the blade locks into place and cannot be pushed back with manual force . Most switchblades have a locking mechanism located in the handle that disengages the blade from the opened position to allow for closing and storage in the handle. These knives should not be confused with disguised knives, pen knives, and gravity knives, all of which have their own separate legal restrictions. Although not yet widely used, an Automatic-Release Knife refers to a knife that uses the palm to uncover and deploy a blade that shoots out of the hilt. From the outside, an untrained person would not be able to determine the difference between an automatic-release knife and a pen knife.
California Switchblade Definition
California law defines a switchblade as a knife "containing a blade that is two or more inches in length and that, either by a flick of the wrist or the press of a button or some other mechanical device, the blade is released from the handle of the knife and opens automatically." In short, it’s a folding knife that opens by pushing a button, flicking your wrist, pressing a lever or any other means that requires the use of one hand. The Italian stilettos that offer the aesthetic appeal of an Italian blade without the front bolster blade release typically feature a flat, elongated handle that conceals a blade double that the length of the handle. To engage the knife, the user simply presses a button on the flat of the handle and the blade flies forward, locking in place.
According to California Penal Code § 17235, a switchblade knife is any knife "the blade of which opens, or is released from the handle or sheath by the push-button, flip of a lever, spring mechanism, or otherwise, or is released or opened by gravity or by the deforming action of inertia, weight or physical contact with any object."
California Penal Code § 17232 describes what qualifies as a "closed" switchblade knife. Under California law, this term is applied to any knife carried on the person where the blade extending from the knife measures more than two inches and remains in this position when the blade is folded and remains folded into the handle. This definition is particularly significant in cases where the police seize a knife as evidence. This section of the code will aid in determining the viability of charges in such a situation as it may be that the portion of the blade extending beyond the handle is less than two inches in which case the defendant may have an excellent defense for the charge brought.
It’s worth noting that federal law applies the more expansive definition to knives considered to be switchblade as it applies to California state law.
California’s Switchblade History
In 1955, the first state law to regulate switchblades was passed in California, codified as California Penal Code 21510 PC. As legislative intent suggests, the impetus for this statute was the growing number of switchblade attacks that were reported.
In 1958, all of the provisions of Penal Code 21510 PC were transferred to Penal Code 17235, which redefined the term switchblade knife as any knife with a blade that opens automatically by mechanical or hand pressure applied to a button or protrusion. This definition has not changed.
Meanwhile, a series of events, beginning in August 14, 1957, and culminating in October of that same year, served as the material basis for key amendments to California’s switchblade knife laws.
On August 14, 1957, five teenagers who reportedly belonged to a gang known as "The Sinners" were arrested for breaking and entering. During the arrest, one of the teens (whose father was a police captain), was found to be in possession of a knife described in the media as a "first cousin" to a switchblade. After local reporters wrote headlines suggesting that this teen was "trapped" due to an "overzealous" police captain trying to pin him with a criminal charge on "insufficient evidence," many sensational newspaper articles were published in which these articles suggested that if switchblades were outlawed, street gangs would calm down.
The following month, a related incident occurred, when an observed spike in the use of switchblades resulted in calls by civic leaders for legislation banning switchblade knives, especially in the case of a series of stabbings on the Los Angeles-Norwalk bus line. Gang members were widely blamed – and penalized – for the stabbings. The gang leader, Danny Rodriguez, was shot dead on September 27 by the brother of one of the stabbing victims.
On October 6 of that year, 500 members of a gang known as The Sinners (which had been identified as primarily comprised of white youths) fought with a rival gang, 26th Street Boys (gang members who were primarily Latino) in a Los Angeles neighborhood, leading to several injuries, an arrest, and more sensational newspaper photographs.
As more press gained traction, calls by city officials to ban switchblades were heard, and some city leaders caucused on how to resolve the issue. After one such meeting, in which Mayor Robert H. Hagan decided to propose legislation to ban and heavily regulate switchblades, widespread publicity led state leaders to decide that a state law must follow. A November 1957 meeting was held in which city, county, and state leaders representing various civic organizations came to consensus on their proposal. After debating specific provisions, including penalizing gang members more harshly than other youth, the collective approved a model ordinance to recommend to California’s legislature, which combined provisions from a similar ordinance proposed by Los Angeles City Council member Arthur K. Snyder. Many of the provisions from the final bill are still part of California’s switchblade laws today.
Aside from the final bill, and its key role in creating the state law that exists today, there is one other piece of context that is important to the study of switchblade laws in California. In 1977, a gang comprised of members from East L.A. called Cavernarios (Spanish for "Cavern Dwellers") was initially charged with violating switchblade laws. The charges were dropped after the gang argued that they were merely playing with knives, and were not breaking any weapons laws, since the "ritual" of engaging in knife fights did not involve live blades.
Other than this atypical situation, switchblade knife laws in California have remained largely unchanged since 1958.
Current Switchblade Law and Restrictions
To understand these exemptions, it is important to note that the Penal Code’s definitions of switchblades, stiletto knives, and balisong knives are an exhaustive list. This means no one can be prosecuted for a knife offense unless it falls on this list.
Adult Possession of Switchblades
Police, prosecutors, and judges usually don’t care if you have a switchblade knife at home or in your pocket. Instead, they will focus on whether you illegally sell, offer to sell, or transfer switchblades. However, it is technically illegal for a person 18 years or older to "possess" a switchblade, that is, to have it on his/her person. It’s a misdemeanor that carries up to six months in jail. In the real world, police and courts enforce this rule only if you already committed another crime.
Juvenile Possession of Switchblades
Persons under 18 years old may not possess a switchblade in California. This is true even in your own home. It is a misdemeanor carrying up to six months in custody. Also, California law expresses that a juvenile cannot possess a switchblade in a school. If this is your offense, you face penalties under the California Education Code, not the Penal Code.
Prohibited Switchblade Carrying Situations
As stated above, the law prohibits carrying a switchblade (not a stiletto or balisong knife) on your person in some circumstances. These circumstances include the following situations: A knife you think is a butterfly knife, but is actually a balisong knife, is entirely legal to carry. A knife you think is a stiletto knife, but is really a switchblade, is illegal to carry. If you believe that you are legally allowed to carry a knife because you think it is a stiletto and the police discover that it is a switchblade, there is no legal recourse. It is no defense to say that you thought the knife was a stiletto knife and that you were unaware that you were committing a crime by carrying a switchblade. The emphasis of this offense, however, seems to be on the stigma associated with harming the public. Unless you cause that harm, police and prosecutors are unlikely to prioritize prosecuting you for this crime. If you do attract police attention for this crime, you will likely face a misdemeanor charge, six months in county jail, and up to $1,000 in fines. Again, prosecutors are unlikely to seek the maximum penalty.
Exceptions and Loopholes
While California law prohibits the possession and carry of various types of switchblades, there are a few exceptions to these rules that can protect those who may otherwise find themselves on the wrong side of the law. To begin with, government code sections 17235 and 17235.5 set out several exceptions under which blade length, in particular, is less of an issue than it otherwise might be. Under these sections, blades that are two inches or less in length are beyond the jurisdiction of Penal Code 653k. Further, Penal Code 1745 provides an exception to the statute’s prohibitions when the switchblade knives in question are manufactured across state lines or by professionals in another country, for sale to, or possession by, government entities. These statutes are aimed at exempting the military, law enforcement agencies, and other government organizations from prevailing prohibitions.
These laws notwithstanding, there does exist a loop hole in San Diego , California in particular, for those "non-knuckle switchblades" that would otherwise be on the wrong side of the penal code. Although the California Supreme Court has decided that the term "switchblade" refers only to those knives whose blades automatically release upon the pressing of a button or the flick of a wrist, and although Penal Code 653k specifically prohibits only those types of knives (and not dagger like weapons) no matter the method of opening, the San Diego City Council has deemed that this type of knife which permits the blade to open automatically without the use of an activating thumb lever is not a "switchblade" as that term is understood under state law. As such, the City Council did piece together an exception of its own under which "non-knuckle switchblades" could be carried within its city limits. Nevertheless, a recent ruling by the Ninth Circuit Court of Appeals expressed concern about such a finding.
Penalties for Switchblade Violations
Consequences of Violating Switchblade Laws in California
If you’re arrested for a switchblade knife violation and convicted, the consequences can be severe.
In fact, individuals charged with possession of switchblades have been known to face felony charges.
Switchblades considered as deadly weapons or as concealed weapons may incur charges of 5 years in state prison or up to 3 years in jail, plus fines.
Individuals who violate the switchblade laws of California may be convicted of a misdemeanor. Then they would be subject to Atascadero or parole in some instances.
An experienced criminal defense lawyer can explore the more favorable options for your situation such as the idea of 100 hours of community service in lieu of prosecution and conviction under certain circumstances.
Comparative Switchblade Laws Between States
California is not alone in having laws that regulate or prohibit the possession of switchblades. In fact, the vast majority of all states have laws concerning switchblades and auto-knives. In many cases, however, these states allow for the possession of switchblades under certain conditions. Here are a few examples of California switchblade laws compared to other states:
Arizona: Arizona law allows for the possession of a pocket knife with a blade 4 inches long or less, but prohibits a switchblade or automatic knife with an exposed blade.
Alaska: Switchblade knives and any knife that opens by flick, flipper, or thumb stud are illegal to possess or carry. The state statute does not make an exception for switchblades with blades less than 2 inches long.
Florida: Florida prohibits the carrying, selling, possessing, and using of a dirk, dagger, or double-edged bladed knife. However, the law allows for the possession of other knives, including folding knives, hunting knives, folding knife blades that are not deployed, and kitchen knives.
Georgia: Georgia does not ban any type of knife, even a switchblade. However, while it is permissible to sell or manufacture a switchblade in Georgia, it is illegal to bring a switchblade into the state.
Ohio: Knives that include a spring-loaded blade that can be opened with the push of a button are prohibited, but there is more of a specific allowance of use concerning employers, government agents, and other licensed professionals.
Many states prohibit or restrict the possession and carry of switchblades, but only when the switchblades are disguised as belt buckles, belt buckles, or other items that can be worn. Some states such as Virginia specifically allow for the possession of a knife that is not disguised as long the knife is not an automatic-opening knife or switchblade.
Many states set restrictions on the length of blades for which switchblade possession is prohibited or allowed. If all states had even slightly varying regulations concerning size, it would create tremendous difficulties for those who travel for work or live near state borders.
Outlook for California Switchblade Laws
While it is difficult to make definitive predictions about the future of switchblade legislation in California, we will explore some of the key factors that may influence future changes. One potential area of discussion is a shift towards a more permissive stance on blade length as technology advances and the demand for concealed weapons increases. In a time of political turmoil, acts of violence are on the rise, and many, including advocates of less regulation, can be expected to resist government restrictions on personal weaponry.
The issue of knife prohibition is becoming increasingly divisive as the limitations are perceived to be unreasonable. As the number of knife-related incidents continues to increase, so too will the call for further regulations, but discontent among knife enthusiasts will grow concomitantly with each new restriction. Knife enthusiasts have some of the best lobbying resources on the planet. They are avid hunters, sportsmen, collectors, artisans, and off grid survivalists. As a result of their passion, they are commercially empowered and form groups that allow them to organize into a formidable lobby. While anti-knife factions are a small minority, they appear to be quite influential in the legislature. Anti-knife organized groups have the ability to penetrate the development of local ordinances and engage in costly legislative battles . The proposed law is always presented as a personal security benefit that will save lives. But in reality, the bans and limits seem arbitrary and serve to frustrate individuals from lawfully acquiring their personal needs.
Due to the natural tension between these groups, legislation may become stagnated as neither side is willing to compromise. As a result, local government agencies may continue to ignore state statutes in their attempt to regulate switchblade knives through overzealous application of ordinances. District Attorneys may also interpret these regulations narrowly, which could lead to increasing prosecutions under old statutes. In an increasingly suburbanized California, where property values are extremely high, the growth of homogeneous communities will drive zoning ordinances to minimize variables in the community. In the absence of a fair and sensible state law, we may continue to see local governments unilaterally respond to perceived crime problems by creating blanket curfews and restrictions on travel in certain areas, including bans on particular types of knives. The outcome may lead to the restriction of all pocket knives regardless of its functional use or the presence of a locking mechanism to further limit their ability to have a practical application as a tool.
