In California, butterfly knives are prohibited. Under California Penal Code 21510 PC, butterfly knives are classified as a form of switchblade. Carrying, possessing in public, selling, or otherwise transferring a butterfly knife is illegal under this legislation. Convictions are minor violations that can result in a prison sentence of up to six months.
Keep reading to learn more about this and other weapons charges. If you are facing charges or accusations related to butterfly knives, contact Chambers Law Firm at 714-760-4088 for a free legal consultation with an criminal defense attorney who can help you.
The basics of charges related to butterfly knives
Butterfly knives are illegal in California under Penal Code sections 21510 and 17235 PC. Knowingly doing the following things with a switchblade knife with a blade length of 2 inches or more is illegal under Penal Code 21510: carrying the knife, selling the knife, offering it for sale, loan, transfer, or giving the knife away in front of a motor vehicle in a public area or any location open to the public.
What the prosecution has to prove
The burden of proof for law enforcement is to show that the defendant carried a switchblade on their body or in their vehicle, and that the knife possessed switchblade features. They need to show that the defendant had the knife and that he planned to use it as a weapon.
Butterfly knives are included in this description of a switchblade, according to a California appeals court, since they may readily be opened with one hand and do not have a catch to prevent them from opening.
What makes a knife a butterfly knife
A butterfly knife is a pocketknife with blades that may be folded to conceal them. The blades of the folding knife are hidden behind grooves in the handles when the knife is closed. After that, a latch is used to keep the handles together. With a flick of the wrist, the knife’s handles may be opened and the blade exposed after the lock is unlatched.
Butterfly knives are also known by the following names: fan knives, balisong knives, and batanga knives.
Repercussions if you’re found guilty
In California, having a butterfly knife is a misdemeanor. Convictions can result in up to 6 months in county prison and/or $1,000 in fines.
Many of these instances, however, result in misdemeanor probation. This is also known as summary probation, and it means the accused will not have to serve any time in prison. The sentence would instead be spent under community supervision. The probationer would be required to follow the conditions of his or her release.
To find the best possible outcome for your case, contact Chambers Law Firm at 714-760-4088 and request a free legal consultation.
FAQs
Possession of Butterfly Knives in California
You can legally own butterfly knives and keep them at home or your place of business. However, Section 21510 does make it illegal to possess a butterfly knife with a blade over 2 inches: In any public place or in plain view in a prohibited area such as a school.
What is the penal code for a butterfly knife? ›
Under Penal Code 21510 PC, butterfly knives are considered a form of a switchblade and are illegal in California. Specifically, it is a crime to carry, possess in public, sell, or otherwise transfer a butterfly knife. Convictions are misdemeanor offenses that carry up to 6 months in jail.
What makes a butterfly knife illegal? ›
Legal status. The balisong has been outlawed in several countries, mainly due to its easy utility in crimes and ability to be easily concealed for the same purpose. In some jurisdictions its criminal use is considered a knife crime.
What are California knife laws? ›
Bottom Line on California Knife Laws
No concealed carry of knives with blades over 2 inches. Only pocket knives, not fixed blades, can be carried concealed. Open carry of fixed blades on your belt is legal if less than 5 inches. Switchblades, daggers, cane swords, and other exotic knives are illegal.
Is a butterfly knife a felony in California? ›
In California, having a butterfly knife is a misdemeanor. Convictions can result in up to 6 months in county prison and/or $1,000 in fines. Many of these instances, however, result in misdemeanor probation. This is also known as summary probation, and it means the accused will not have to serve any time in prison.
Is 21510 PC a felony? ›
A conviction for violating PC 21510 is a misdemeanor crime that carries up to six months in jail and a fine.
What cases can have a butterfly knife? ›
It is a rare special (★) item that can be found in an Operation Breakout Weapon Case, Spectrum Case, Spectrum 2 Case, or Operation Riptide Case.
Can butterfly knives be shipped to California? ›
Generally, it is legal to purchase a butterfly knife and have it shipped to one's home in California. You just have to be very careful because the construction of the specific knife is crucial to its legality.
Are butterfly knives considered weapons? ›
Butterfly knives, also known as balisongs, have two blades that can be unfolded when pulled out of a pocket and used as either a pocket knife or a weapon. They have been banned in a number of countries, including Germany, Denmark and the Netherlands, and are restricted in several U.S. states, including California.
Are butterfly knives federally legal? ›
While butterfly knives themselves are not restricted by federal law, they are often lumped in with switchblade knives. The federal Switchblade Act of 1958 and the U.S. Code Title 15, Sections 1241-1245 banned the manufacture, import, distribution, and sale of automatic-opening knives across state lines.
In California, it's generally a misdemeanor to possess, sell, manufacture, import or lend a switchblade knife. The maximum penalties are: Up to 1 year in county jail. A fine of up to $1,000.
What knives are not illegal in California? ›
California law allows people to conceal or openly carry folding knives, as long as they are folded and in a closed position. A folding knife may include a switchblade, pocket knife and certain utility knives.
What is the penal code 21310? ›
California defines carrying concealed dirk or dagger under Penal Code 21310. This law states it's a crime to carry a concealed long-thrusting knife that is capable of causing great bodily injury or death if it's used to stab another person.
Can you own a butterfly knife in California at home? ›
Butterfly knives are considered switchblades in CA. As such, you can own them and play with them in your home, but you can't legally carry any that are over 2" in blade length.
Are butterfly knives illegal in all 50 states? ›
In fact, there are 42 states plus the District of Columbia in which butterfly knives are legal. Some of the other eight states do allow people to own butterfly knives but place severe restrictions on the usage of these knives.
Is a butterfly knife a switchblade? ›
Although referred to as the Federal Switchblade Act, the Federal definition of a switchblade also includes gravity knives and butterfly (Bali-Song) knives.
What is the difference between a butterfly knife and a switchblade? ›
Butterfly knives are also difficult to disarm, as they can be opened and closed so quickly. Automatic knives, also known as switchblades, are knives that can be opened with the push of a button or switch. They are also highly concealable, as they can be easily carried in a pocket or small bag.
