Understanding California's self-defense laws and legal weapons is crucial for individuals seeking to protect themselves and their families. The state permits the use of reasonable force, including specific weapons, under certain circumstances. Legal principles like the “Stand Your Ground” law and the “Castle Doctrine” protect those who act to safeguard themselves from immediate threats.

The key is that the use of force—including weapons—is justified only when it's deemed reasonable and necessary under the circumstances. However, not all weapons are permissible for self-defense in California. It's your responsibility to know which self-defense tools are legal and how they must be used, particularly for those facing criminal accusations. This knowledge empowers you to act responsibly and within the law.

In California, certain weapons, such as stun guns and tasers, are legal to use in the act of self-defense.

Simply put, the law acknowledges the right to self-defense in California, and the state permits the use of certain weapons for this purpose. California has “Stand Your Ground” and “Castle Doctrine” laws. These laws provide a sense of safety and security, as “Stand Your Ground” means that if somebody threatens you, you are not obligated to retreat to defend yourself. You have the right to remain present and protect yourself.

The “Castle Doctrine” says you are not obligated to retreat if an intruder enters your home or other personal space, such as a vehicle. Under California Penal Code 198.5 PC, a home intruder is considered a situation of reasonable fear of imminent harm. The doctrine is based on the idea that an individual's home is their castle, and they have the right to defend it with no duty to retreat. 

Thus, in California, residents have the right to use deadly force within their homes (including self-defense weapons) if they reasonably perceive imminent grave danger, especially during illegal intrusions. In effect, the Castle Doctrine assumes that residents have a reasonable fear of death or serious injury if an intruder unlawfully enters their dwelling. 

Adults can legally carry a handgun that is lawfully possessed anywhere within their residence, place of business, or private property without a permit or license. However, it is illegal for residents to openly carry loaded handguns in public as defined under Penal Code 25850 PC, with a few exceptions in small counties.

What is Prohibited?

Convicted felons, including anyone convicted of a felony or addicted to narcotics, are prohibited from owning or possessing a firearm as defined under Penal Code 29800 PC. They are also prohibited from owning, purchasing, receiving, or controlling firearms. People with outstanding felony warrants are also forbidden from owning or possessing a gun.

It is legal to purchase, possess, or carry a stun gun or taser for lawful self-defense as defined under Penal Code 22610 PC. However, you are prohibited from possessing a taser if you are a convicted felon, drug addict, minor under 18, or have a prior conviction for assault or misuse of a stun gun.

Stun guns are close-proximity devices requiring you to be in physical contact with your attacker, which use a painful shock to discourage an attack. A taser uses projectile prongs that attach to a target at distances of up to 15 feet.

Under California Penal Code Section 244.5 PC, it is illegal to assault someone with a stun gun or Taser.

What are Legal Self-Defense Weapons?

California has strict regulations regarding which weapons can be possessed and carried and who can carry them. Not all self-defense weapons are legal, and even those that are legal have certain restrictions.

However, California allows the use and possession of specific self-defense weapons, provided they fully comply with state laws. These tools are intended for personal protection when faced with credible threats to safety and are discussed below.

As a general rule of thumb, if you're a civilian in California, almost any weapon you're legally allowed to possess may be used in self-defense, if necessary. The questions effectively boil down to the following:

• Which weapons are legal to possess in California?
• Which weapons are prohibited?
• Whether you meet the qualifications for carrying certain weapons, such as firearms and
• Whether you have been disqualified from possessing a weapon (e.g., a felony conviction).

Types of Legal Self-Defense Weapons

That being said, let's look at some examples of legal self-defense weapons in the state of California below:

• Pepper spray, for instance, is a widely accessible and affordable self-defense weapon in California. It is legal to possess and use, provided the canister's capacity does not exceed 2.5 ounces. However, it's important to note that misuse, such as using it offensively against someone who is not posing an immediate threat, could lead to criminal penalties, including assault charges.
• Stun guns and tasers are widely used for self-defense and are legal in California for most adults. These devices incapacitate attackers temporarily by delivering an electric shock. Under California Penal Code 22610, individuals aged 16 and older can legally own and carry stun guns or tasers as long as they are not convicted felons or under certain restrictions, such as court orders prohibiting weapon possession. 
• Knives whose blades fold or recede (such as box cutters or Swiss army knives) are legal self-defense tools in California, with some restrictions. These knives cannot lock automatically upon opening (such as switchblades). They are legal to carry as long as they are not concealed as a weapon and are not used to commit a crime. 
• Personal safety alarms are non-lethal devices that emit loud sirens or alerts designed to attract attention and scare off potential attackers. These tools are legal for personal protection in all circumstances. While they don't physically incapacitate threats, they are effective options for avoiding danger without using force.

Certain Firearms Are Legal

While certain firearms are acceptable for self-defense under California law, their possession and use are highly regulated. To legally own or carry a firearm for defensive purposes, you must meet several requirements, including passing a Department of Justice (DOJ) background check and completing a firearm safety certification program.

• Background Check. All firearm buyers in California must pass a Department of Justice (DOJ) background check.
• Firearm Safety Course. Individuals intending to purchase or use a firearm must usually complete a firearm safety certification program.
• Concealed Carry Permits: To carry a concealed firearm legally in public, you must obtain a Concealed Carry Weapon (CCW) permit, which includes demonstrating good moral character and justifiable cause. 

As noted above, California has a stringent and complex firearms law. Generally speaking, certain types of firearms, like handguns, rifles, and shotguns, are legal, but you must be of lawful age, pass a background check, have no felony convictions, and pass a safety course to own one. 

There are strict rules for storing these weapons, and you must obtain a concealed carry permit (CCW) if you wish to carry one in public.

Even with legal self-defense weapons, certain conditions disqualify an individual from carrying them. These include being under the prescribed age limit, having prior felony convictions, or being addicted to narcotics. Furthermore, individuals with restraining orders or declared mentally ill are also disqualified.

Some California laws make it illegal to use certain weapons in self-defense, such as Penal Code 16590 PC, which prohibits the manufacture, sale, possession, and use of certain deadly weapons.

These include leaded canes, blackjacks, brass knuckles, and certain martial arts weapons such as shurikens.  Possessing or using specific knives, such as concealed dirks and daggers, is also illegal.

Illegal Weapons for Self-Defense

While California permits the use of certain tools in self-defense, it also prohibits a wide range of weapons under Penal Code 16590. These are considered dangerous devices that pose a high risk to public safety, whether carried for offensive or defensive purposes.

Possessing any of these items may lead to criminal charges, and for that reason, they are also prohibited for self-defense purposes. Examples of such weapons include, but are not limited to:

• Assault Weapons. California has strict laws against owning or using assault weapons, such as those defined under California Penal Code 30515. These weapons are prohibited due to their high capacity and potential for misuse.
• Nunchucks. Nunchucks, made famous by martial arts films, are prohibited as dangerous weapons under PC 16590 unless used in a licensed training context. The same applies to a number of other martial arts weapons.
• Brass Knuckles. Possessing brass knuckles is illegal in California. These tools are considered weapons designed solely to cause serious harm and are banned regardless of intent.
• Switchblades. Switchblades, or knives with a blade length of two or more inches that open automatically, are prohibited. Folding knives that don't lock automatically are a legal alternative.
• Concealed Dirk and Daggers. Under California law, carrying dirks or daggers concealed on your person is illegal. These knives are typically considered dangerous when hidden, regardless of their purpose.
• Short-Barreled Shotguns and Rifles: California bans short-barreled shotguns and rifles, which are classified as particularly lethal and have restricted civilian use.

Other items listed under PC 16590 include ballistic knives, explosive devices, zip guns, cane swords, batons, leaded canes, throwing stars, modified weapons, and other items designed for offensive use. These types of weapons are not permitted for self-defense or any other purpose.

Acting Lawfully in Self-Defense

California law permits citizens to use legal weapons in self-defense but lists specific criteria for what counts as lawful self-defense. Exceeding or failing to meet these criteria can result in criminal charges and civil actions.  The requirements for acting lawfully in self-defense are:

• Reasonable belief of imminent danger: You reasonably believe that you are in immediate danger—i.e., facing an imminent threat.
• Necessary use of force: You must reasonably believe that using force is necessary to stop the danger.
• No more force than necessary: You act with only a level of force that is reasonably required to stop the threat.

For a case review, you can contact our law firm by phone or through the contact form. Eisner Gorin LLP has offices in Los Angeles, CA.

Related Content

• Assault with a Deadly Weapon Laws
• Brandishing a Weapon or Firearm
• Negligent Discharge of a Firearm
• California's Stand Your Ground Law
• Misdemeanors Triggering a Firearm Ban
• When Can I Use a Firearm in Self-Defense?
• CALCRIM No. 505. Justifiable Homicide: Self-Defense
• California Penal Code 198.5 PC
• California Penal Code 16590 PC
• California Penal Code 22610 PC

• California Penal Code 17235 PC