Possession of a switchblade knife is covered under California Penal Code Section 21510. Due to the fact that switchblade knives can be dangerous weapons and easily concealed, California has put in place strict laws regulating the sale and possession of switchblades. Carrying, possessing, or offering to sell or loan a switchblade to another person is a serious crime under California law.

PC 21510 makes it a crime to carry a switchblade, possess one in your vehicle, or offer to sell or loan one to another person.

A switchblade knife is described as a knife that has the appearance of a pocketknife, but with a blade that can be automatically released with a flick of a button, pressure on the handle, or even just a flip of the wrist.

This includes any spring-blade knives, gravity knives, and butterfly knives. It should be noted that a switchblade knife doesn't include the most common type of knife that can open with one hand by applying thumb pressure to a stud attached to the knife.

It's important to note that “possession” of a switchblade means you had control over it, meaning it could be in your pocket, purse, or glove box, and you knew it was there. You don't have to have the intent to use the switchblade as a weapon in order to be found guilty of violating California Penal Code Section 21510. 

What are Some Examples?

If you lend your car to a friend and they have a switchblade in the glove box, you could still be considered in possession of the knife. Similarly, if you are aware that a switchblade is in your home, even if it's not in your direct control, you could be considered in possession of it.

A common example of where you can be charged with carrying a switchblade knife involves a situation where you purchase a spring-loaded knife with a two-inch blade that can be opened by applying pressure to a button. You put the knife in the glove box of your car for storage.

If you are found in possession of a switchblade knife, the legal process can be daunting. If the police stop you and a subsequent search of your vehicle reveals a switchblade knife, you could be charged with carrying a switchblade in violation of California Penal Code Section 21510.

This would initiate a legal process, during which you would be informed of the charges, have the opportunity to defend yourself, and potentially face legal penalties if found guilty. This process typically involves a court appearance, where you have the opportunity to present your case, and a judge or jury renders a judgment.

What Does the Law Say? 

California Penal Code 21510 PC says, "Anyone does any of the following acts with a switchblade knife that has blade of two or more inches in length is guilty of a misdemeanor crime; (a) Possesses the knife in any motor vehicle in a public place; (b) Carries the knife on their person; (c) Sells, offers for sale, loans, or gives the knife to another person."

California Penal Code 17235 defines a "switchblade knife" as a knife with the appearance of a pocketknife, but with a blade that is two inches or more in length and can be released automatically by a button, pressure on the handle, or a simple flip of the wrist. Many types of other knives would qualify as a switchblade, such as a:

• Gravity knife,
• Spring blade knife,
• Butterfly knife, and
• Batanga knife.

It should be noted under PC 17235 that a switchblade knife doesn't include a knife that can be opened with one hand using thumb pressure on the blade of the knife or a knife that has a thumb stud attached to the blade. This means that most common pocket and folding knives are not considered switchblade knives. 

What Does PC 21510 Make Unlawful?

As described above, Penal Code Section 21510 makes it unlawful to do any of the following:

• To carry a switchblade on your person;
• To possess a switchblade in the driver's area of a vehicle in a public place;
• To sell, offer for sale, or expose a switchblade for sale;
• To loan or transfer a switchblade to anyone.

It's essential to note that the driver's area of a vehicle encompasses not only the open driver and passenger areas but also includes any interior compartments, such as the glove box. As stated above, carrying a switchblade “on your person” doesn't only include holding it, but also includes any situation where you have control over the switchblade, meaning it can be in your pocket or purse.

Elements of the Crime

In order for the prosecutor to convict you of carrying a switchblade in violation of California Penal Code Section 21510, they must be able to prove, beyond a reasonable doubt, all the elements of the crime listed below:

• You knew and were aware you were carrying a switchblade on your person or vehicle;
• You knew it had the characteristics of a switchblade as defined in the legal description.

It's important to understand that the LA County prosecutor is not required to prove you had any intent to use the switchblade knife as a weapon to obtain a conviction. PC 21510 makes it illegal to possess a switchblade knowingly. Your intention to use it as a weapon is irrelevant.

What are the Penalties? 

Suppose you are convicted of possession of a switchblade knife in violation of California Penal Code Section 21510. In that case, you are guilty of a misdemeanor crime that can carry the following legal penalties:

• Up to 6 months in a county jail,
• A fine up to $1,000,
• Misdemeanor summary probation.

It's essential to note that a misdemeanor conviction, as mentioned above, typically does not result in jail time; however, there are aggravating circumstances where a judge is more likely to impose jail time. Aggravating factors include the following situations:

• You have a prior criminal record;
• You have a history of violence;
• You are a member of a gang or were engaged in gang activity;
• You resisted arrest or were not cooperative;
• You had the intent to use the switchblade as a weapon.

Suppose any of the above aggravating factors can be proven. In that case, the judge has wide discretion in sentencing and will typically base their decision on the specific circumstances and facts of the case.

What are Related Offenses?

• California Penal Code Section 171.7 - Weapons at a Public Transit Facility,
• California Penal Code Section 171 - Weapons in Public Buildings,
• California Penal Code Section 417 – Brandishing a Weapon,
• California Penal Code Section 21310 & 16470 – Carrying Dirk or Dagger,
• California Penal Code Section 245 – Assault with a Deadly Weapon,
• California Penal Code Section 16590 – Possession of Prohibited Weapons,
• California Penal Code Section 20410 - Belt Buckle Knives Law,
• California Penal Code Section 22010 - Nunchucks Law,
• California Penal Code Section 21810 - Brass Knuckles Law,
• California Penal Code Section 626.10 PC - weapons on school grounds,
• California Penal Code 22610 Section PC - stun guns and tasers law,
• California Penal Code Section 12556 - Imitation Firearms Law.

What are the Defenses? 

Our California criminal defense attorneys could use a wide range of potential legal defenses against your charges of carrying a switchblade knife in violation of California Penal Code Section 21510. Every case is unique and will require a close review of the details of your case, but some of the most common defenses include the following:

• The knife is not legally a switchblade: In some cases, our lawyers might be able to make an argument that the knife you were accused of carrying doesn't meet the legal definition of a switchblade. Keep in mind that California Penal Code Section 17235 provides a specific description of a switchblade. If the knife has any characteristics outside the legal definition, such as a mechanism that provides resistance to opening the knife, then we could argue that it fails to qualify as a switchblade. You can't be held criminally liable.
• You lacked knowledge of its presence: One of the elements of the crime above the prosecutor has to prove is that you were aware you were carrying a switchblade on your person or vehicle. If we can show you didn't know it was in your car or a bag, then we can cast reasonable doubt and possibly avoid a conviction. Remember, the burden of proof is on the prosecutor. We might be able to show evidence that the jacket or bag where the switchable was discovered belongs to another person.
• Illegal search and seizure: In some situations, our criminal lawyers might be able to make a successful argument that the switchblade was discovered during an illegal search and seizure. We could challenge whether the police officer had probable cause to search you or your vehicle. If successful, the switchblade itself could be suppressed as evidence, and the prosecutor may have no other choice but to dismiss the charges.

If you have been accused of possession or carrying a switchable in violation of California Penal Code Section 21510, consult with the top-rated Los Angeles criminal defense attorneys at Eisner Gorin LLP.

We have a track record of success defending clients against weapons-related offenses and work aggressively to obtain the best possible outcome. Contact our law firm at 877-781-1570. Eisner Gorin LLP 1875 Century Park E #705 Los Angeles, CA 90067 310-328-3776

Related Content

• California Penal Code Section 21510
• California Penal Code Section 17235  
• Which Weapons Are Legal for Self-Defense?