5 “Self Defense Weapons” That Are Legal in California

Five legal self-defense weapons in California are:

1. pepper spray,
2. stun guns or tasers,
3. certain knives (such as a pocketknife or non-switchblade folding knife),
4. personal alarms, and
5. certain guns (such as handguns or shotguns).

Some self-defense weapons that are illegal under California law include:

1. weapons that are prohibited under California Penal Code 16590 PC,
2. concealed dirks and daggers, illegal per Penal Code 21310 PC, and
3. assault weapons, illegal per Penal Code 30605 PC.

Depending on the facts of a case, a violation of one of the above laws can lead to misdemeanor or felony charges, punishable by time in county jail or state prison.

1. Legal Weapons

Some of the best self-defense weapons that are legal to use in California include:

1. pepper spray,
2. personal alarms (which are commonly attached to a keychain and produce extremely loud sounds when people activate them),
3. stun guns or tasers,
4. certain knives, and
5. certain guns.

As to stun guns or tasers, California law allows you to purchase, possess, or carry them for lawful self-defense.¹ However, you are prohibited from having one if you:

• are a convicted felon,
• have a prior conviction for assault or misuse of a stun gun,
• are addicted to narcotics, or
• are a minor under 16 years of age.²

With regards to knives, people in California can carry folding knives (other than switchblades) provided that the knives are in the folded position.³ Folding knives include:

• pocketknives,
• Swiss army knives,
• box cutters, and
• other “utility” knives.

With guns, please note that the State of California has a host of gun laws that:

• limit the type of gun you can have,
• restrict the things you can do with a gun, and
• impose certain rules for storing and transporting guns.

Generally, most adults 21 years and older can buy, own, and possess legal firearms (like handguns and shotguns).

2. Illegal Weapons

Certain California laws make it illegal to use some weapons in self-defense.

For example, Penal Code 16590 PC is the California statute that prohibits manufacturing, selling, possessing, and using certain deadly weapons like:

• leaded canes or blackjacks⁴,
• certain martial arts weapons like shurikens, and
• brass knuckles.⁵

California law also makes it a crime for a person to possess or use certain knives and guns. Under Penal Code 21310 PC, it is a crime for a person to carry concealed dirks and daggers.⁶

Further, Penal Code 30605 makes it a crime for you to possess an assault weapon.⁷ It is also a crime for people to have:

• short-barreled shotguns⁸,
• undetectable firearms⁹, and
• zip guns.¹⁰

3. Self-Defense Law

Under California’s self-defense laws, it is legal for you to stand your ground and act in self-defense when you:

1. reasonably believe to be in “imminent danger” of suffering bodily harm,
2. reasonably believe the immediate use of force is necessary to defend against that reasonable fear of suffering bodily injury, and
3. use no more force than reasonably necessary to defend against that danger.¹¹

Note that you are legally justified in using deadly force in self-defense when:

1. you reasonably believe that you, or someone else (like a family member), is in imminent danger of being killed, suffering great bodily injury, or being the victim of a forcible and atrocious crime,
2. a reasonable person would have believed that you needed to use deadly force to prevent the danger from happening, and
3. your use of force was not more than what was reasonably required to keep the harm from occurring.¹²

Note, too, that law enforcement officers can use deadly force if they believe it to be necessary. In determining if deadly force is “necessary,” courts consider not only the officer’s actions but also the victim’s actions before the deadly blow. If police officers kill unnecessarily, they can face criminal charges.

4. The Castle Doctrine

The Castle Doctrine is a set of laws that applies to situations where people use self-defense inside their own home (as opposed to outdoors or in a place of business).

Under this doctrine, there is no duty to retreat if people confront an intruder inside their home.

In addition, residents have the right to use deadly force (in self-defense) inside their homes when someone uses force to break in.¹³

Frequently Asked Questions

What is considered justifiable self-defense in California?

In California, self-defense is justified when there is a reasonable belief of an imminent danger of being killed, seriously injured, or unlawfully touched, and the force used is reasonably necessary to prevent that harm.

What weapons are legal to use for self-defense?

In California, pepper spray, tasers, and certain guns and knives are legal for self-defense, subject to certain restrictions.

What is imperfect self-defense in California?

Imperfect self-defense is when you act in self-defense based on an honest but unreasonable belief that force is necessary. It can reduce murder charges to voluntary manslaughter but does not provide full justification.

How does the Castle Doctrine work?

California’s Castle Doctrine allows you to use deadly force to protect yourself in your own home against intruders who break in. There is no duty to retreat.

What should I do after acting in self-defense in California?

After a self-defense incident, call 911, request medical assistance if needed, and avoid making detailed statements to police before consulting with an attorney. Preserve evidence and document any injuries.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• A New Defense for Self-defense – Buffalo Law Review.
• Stunning Trends in Shocking Crimes: A Comprehensive Analysis of Taser Weapons – Journal of Law and Health.
• The Shocking Truth: Law Enforcement’s Use and Abuse of Tasers and the Need for Reform – Villanova Law Review.
• Man finds 2nd Amendment protects his use of banned switchblade – Wisconsin Law Journal.
• Knives and the Second Amendment – University of Michigan Journal of Law Reform.

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