Penal Code § 21510 PC – Possession of a Switchblade

Penal Code § 21510 PC prohibits you from carrying, possessing in public, selling or giving away a switchblade. Doing so is a misdemeanor punishable by probation, fines of up to $1000.00, and up to 6 months in county jail.

California Penal Code Section 17235 provides 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,
• pressure on the handle,
• a flip of the wrist, or
• another mechanical device.

Specifically, if a switchblade has a blade two inches or more in length, it is a crime to:

• Possess the knife in the passenger’s or driver’s area of any motor vehicle in any public place or place open to the public,
• Carry the switchblade upon your person, or
• Sell, offer or expose for sale, or loan, transfer, or give the knife to anyone else.¹

Unlike some other knives, which may be carried on your person if closed or if openly worn, switchblades may not be carried at all – even if the blade is not exposed.² In other words, there is no “open-carry” exception to the switchblade laws.

If you carry a switchblade concealed on your person, you could be charged instead with a violation of Penal Code 21310, which prohibits carrying a concealed “dirk” or “dagger.”³ If you are convicted of carrying a concealed dirk or dagger, you could face up to 3 years in state prison.

To help you better understand the laws relating to possession of a switchblade, our California criminal defense lawyers will explain the following:

• 1. What is a switchblade?
• 2. Switchblade Crimes
• 3. Carrying Switchblades
• 4. Defenses
• 5. Penalties
• 6. Related Laws
• 7. Federal Laws
• Additional Reading

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

1. What is a switchblade?

Under Penal Code 17235, a “switchblade knife” is defined as a knife that:

1. has the appearance of a pocketknife, and
2. has a blade, or blades, two or more inches in length, which can be released automatically by:
   • a flick of a button,
   • pressure on the handle,
   • a flip of the wrist, or
   • another mechanical device,

or which is/are released by the weight of the blade(s) or by any type of mechanism whatsoever. ⁴

Types of Switchblades

A switchblade is sometimes referred to as an

• automatic knife,
• pushbutton knife,
• ejector knife,
• switch knife,
• Sprenger or Springer knife, or
• flick knife. ⁵

Illegal switchblades under Penal Code 17235 PC also include

• spring-blade knives,
• snap-blade knives,
• gravity knives and
• similar knives

Other knives that fall within the definition of switchblade include “balisong” or “batanga” knives, also called “butterfly” or “fan” knives.⁶ These are folding pocket knives with two handles that counter-rotate around the tang. When closed, the blade is concealed within grooves in the handles.

Ballistic knives are a special type of spring-loaded knife, and are covered under Penal Code 16220 and Penal Code 21110.⁷ Possession of a ballistic knife is punishable by up to one (1) year in county jail.

Exceptions

Under Penal Code 17235, “switchblade knife” does not include any knife that opens with one hand utilizing either:

• 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.

A detent is a device – such as a catch, dog, or spring-operated ball – for positioning and holding one mechanical part in relation to another, in a manner such that the device can be released by force applied to one of the parts.⁸

Thus, most utility knives and folding pocket knives, regardless of length, are not switchblades under Penal Code 17235 as long as there is some mechanism that provides resistance to opening the knife.

However, it is still illegal to carry concealed utility or pocket knives if the blade is

• exposed and
• locked into position.⁹

2. Switchblade Crimes

Penal Code 21510 PC¹⁰ makes it illegal to do any of the following:

• possesses a switchblade in the passenger’s or driver’s area of a motor vehicle in a public place, or any place open to the public;
• carry a switchblade on your person;
• sell, offer for sale, or expose a switchblade for sale; or
• loan, transfer, or give a switchblade to any other person.¹¹

The “passenger’s or driver’s area” is the part of a motor vehicle designed to carry the driver and passengers, including any interior compartment or space therein.¹²

3. Carrying Switchblade

Before you can be convicted for violating Penal Code 21510 PC, the prosecutor must prove that:

1. you knew you had a switchblade on your person or in your vehicle, AND
2. you knew it had the characteristics of a switchblade.¹³

The prosecutor does not need to prove that you used – or intended to use – the switchblade as a weapon.¹⁴ If you knowingly have a switchblade on your person – or in the interior cabin of a motor vehicle – you violate Penal Code 21510, even if you had no intention of using it as a weapon.

Meaning of Possession

Note that you do not need actually to hold or touch a switchblade in order to possess it. It is enough for you to have

• control over the switchblade, or
• the right to control it,

either personally or through another person.¹⁵

Thus having a switchblade in your jacket pocket or purse would count as carrying it on your person.

Example: When Jane’s grandfather died, he left her a small butterfly knife, with a 3″ blade, which he got in the Philippines during World War II. She keeps it with her at all times as a keepsake reminder of him.

Jane has no interest in using the knife as a weapon. In fact, because it opens so easily, she keeps the handles tied shut with a ribbon.

Jane is arrested one night on suspicion of a DUI, and the knife is found in her purse. Even though Jane never had any intention of using the knife as a weapon, she gets charged with the crime of possession of a switchblade. This is because she knows that her purse contains a knife that opens with no resistance and has a blade at least 2″ long.

4. Defenses

Fortunately, there are a number of legal defenses that a good criminal defense lawyer can present on your behalf. These might include the following.

Your Knife Does Not Meet the Legal Definition of a Switchblade

The definition of a switchblade under Penal Code 21510 PC is very specific. Usually it will be easy to tell whether your knife meets the legal definition.

Sometimes, however, people with legal folding knives are accused of carrying switchblades. This might happen if the arresting officer or a prosecutor is able to open your knife one-handed with a sharp flick of their wrist, despite the presence of a detent.

Just because you, a police officer or a prosecutor can open your knife with a wrist flick, that does not automatically qualify the knife as a switchblade. As long as the knife has

• a working thumb stud or
• other mechanisms which make it resistant to being opened,

it is not legally a switchblade under California law.¹⁶

You Did Not Know You Were Carrying a Switchblade

• If you did not know that you were carrying a knife (switchblade or otherwise), OR
• If you knew you were carrying a knife, but you did not know it had the characteristics of a switchblade,

then you are not liable for a crime.

Example: You are caught with a switchblade tucked into the waistband of your jeans. Since the weapon is right next to your body, a prosecutor will most likely be able to prove you knew you had a switchblade on your person.

Example: Though if the switchblade was in the pocket of a jacket that you borrowed from a friend, it might be difficult for the prosecutor to prove that 1) you knew it was there, or 2) that if you knew it was there, that you knew it had the characteristics of a switchblade.

5. Penalties

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.

Often, however, California misdemeanor violations are punished by misdemeanor (summary) probation with little or no jail time.

A judge may be more likely to sentence you to jail time and/or a fine if they find aggravating factors that may include (but are not limited to):

• a prior criminal record,
• gang ties,
• a history of violence,
• a finding that you intended to use the switchblade as a weapon; and/or
• a lack of cooperation with the police during your arrest.

Summary Probation

If you are sentenced to summary probation, the judge will impose a number of conditions. You must adhere to these conditions in order to avoid going to jail or returning to jail.

These can include (but are not limited to):

• community service or labor (such as CAL-TRANS roadside work),
• electronic monitoring or house arrest,
• participation in counseling / treatment programs, and/or
• paying victim restitution.

6. Related Laws

• Penal Code 171b PC – Possessing knives in state or local public buildings
• Penal Code 626.10(a)(1) PC – Possessing knives in public or private secondary schools
• Penal Code 20200 PC – Open carry of knives
• Penal Code 21310 PC – Carrying a concealed “dirk” or “dagger”

7. Federal Laws

Generally, California criminal laws apply exclusively to crimes committed in California. Exceptions are crimes committed on some federally owned properties, such as:

• federal parks,
• military installations,
• lands administered by Indian tribes,
• Veteran’s Administration facilities,
• federal prisons,
• United States postal facilities,
• federal courts, and
• airports.¹⁷

The federal switchblade statute is set forth in 15 USC 1241 – 44. It defines a “switchblade knife” as any knife having a blade which opens automatically by either:

• hand pressure applied to a button or other device in the handle of the knife, or
• operation of inertia, gravity, or both.¹⁸

Federal Crimes

Under the federal switchblade law, it is a crime to:

• introduce or transport a switchblade in interstate commerce,   or
• possess a switchblade on federal or Indian lands, or lands subject to federal jurisdiction; ¹⁹

unless

• you are a member of the armed forces acting in the performance of your duty, or
• you have only one arm and the blade is three inches or less in length. ²⁰

“Interstate commerce” means commerce between any State, Territory, possession of the United States, or the District of Columbia, and any place outside thereof.²¹

Federal Penalties

Penalties for violation of federal switchblade laws are:

1. a fine of not more than $2,000, and/or
2. imprisonment of not more than five years.

In addition, 18 USC 1716(g) makes it a crime to mail a switchblade or ballistic knife via U.S. mail.

Penalties for mailing a switchblade or ballistic knife include:

• a fine of up to $5,000 or more, and/or
• imprisonment of not more than one (1) year.²²

Additional Resources

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

• Criminal Use of Switchblades: Will the Recent Trend towards Legalization Lead to Bloodshed? – Connecticut Public Interest Law Journal.
• Eradicating ‘This Dreadful Knife Problem’: Legislative and Judicial Initiatives against Knife Possession – Youth Justice.
• 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.
• The Evolution of a Social Problem: The Case of the Switchblade Knife – Deviant Behavior.

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