1. Definition and Elements of the Crime
People carrying concealed weapons pose a significant danger to the public at large. As a result, it is illegal to carry a concealed dirk or dagger pursuant to California Penal Code Section 21310 PC.
In order to prove a defendant is guilty of carrying a concealed dirk or dagger, the prosecutor must be able to establish the following elements:
- The defendant carried on his or her person a dirk or dagger
- The defendant knew that he or she was carrying it
- The dirk or dagger was substantially concealed on the defendant’s person
- AND the defendant knew that it could readily be used as a stabbing weapon.
A dirk or dagger is a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. Most pocketknives and folding knives are not considered to be dirks or daggers unless the blade of the knife is exposed and locked into position.
A knife carried in a sheath and worn openly on the wearer’s waist is not considered to be concealed. It is not necessary that the defendant intended to use the dirk or dagger as a weapon in order to be criminally liable for carrying a concealed dirk or dagger under California Penal Code Section 21310 PC.
2. Related Offenses
Similar offenses include the following:
- Manufacturing, Selling or Possessing Dangerous Weapons - California Penal Code Section 16590 PC
- Carrying a Switchblade - California Penal Code Section 21510 PC
- Brandishing a Weapon – California Penal Code Section 417 PC
- Assault with a Deadly Weapon – California Penal Code Section 245(a)(1) PC
3. Examples
A line cook at a restaurant finishes his shift and has a few drinks with his coworkers before driving home. The cook has a paring knife that he takes home with him and carries in his jacket pocket because he lives in a dangerous area and likes having extra protection. The cook is stopped at a DUI checkpoint on the way home and is ultimately arrested for driving under the influence of alcohol. During a search incident to arrest, the police find the paring knife in his jacket, which the cook was wearing at the time of arrest. In addition to the DUI charge, the cook could be charged with carrying a concealed dirk or dagger. The fact that he did not intend to use the knife as a weapon would not be relevant, as long as he knowingly kept it concealed on his person. If the chef had kept the knife on the front seat of his car, or in the trunk, he would not be guilty of this offense.
In another example, a man keeps a folding knife in his pocket, in the folded position. This man would not be criminally liable for carrying a concealed dirk or dagger because folding knives do not fall under the definition of what is a dirk or dagger.
4. Defenses to Carrying a Concealed Dirk or Dagger
If the knife was not concealed, if it was worn in a sheath on the defendant’s waist, or if the knife does not fall under the definition of what a dirk or dagger is, a defendant would not be guilty of this offense.
Additionally, if the dirk or dagger is discovered as part of an illegal search, the defendant may be able to argue that law enforcement lacked sufficient probable cause to conduct the search. In these cases, the dirk or dagger could be suppressed in court and could not be used as evidence against the defendant.
5. Penalties
Carrying a concealed dirk or dagger is a “wobbler” offense that can be charged as a felony or misdemeanor, depending on the circ*mstances surrounding the crime and the defendant’s criminal history. If charged as a misdemeanor, the defendant could be sentenced to up to a year in jail. If charged as a felony, the defendant can be sent to prison for up to three years.
6. Criminal Defense for Carrying a Concealed Dirk or Dagger
If you have been charged with carrying a concealed dirk or dagger, it is important that you meet with a Los Angeles Criminal Defense Attorney immediately. Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience. Mr. Kraut is highly skilled at defending those charged with weapons offenses and works hard to ensure his clients’ rights are fully protected.
For more information about carrying a concealed dirk or dagger, and to schedule your free consultation, contact Los Angeles Criminal Defense Lawyer Michael Kraut at the located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.
FAQs
Penal Code § 21310 PC makes it a crime to carry a concealed dirk or dagger, which is a knife capable of ready use as a stabbing weapon that may inflict great bodily injury or death. This can be a misdemeanor or a felony, and is punishable by up to 3 years in jail or prison.
What is PC 21310 carrying a concealed dirk or dagger? ›
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.
Is a dirk and dagger legal in California? ›
California Penal Code 21310: Possession of a Dirk or Dagger
Legal Definition: Any person in this state who carries concealed upon the person any dirk or dagger can be charged with a misdemeanor or felony offense.
Is it legal to open carry a dirk or dagger? ›
It is not illegal to carry dirks and daggers as long as they are carried openly. Although they may not be carried in a briefcase, purse, or other container, they may be carried openly in a sheath worn on the waist.
What are the elements of a concealed dirk or dagger? ›
Definition and Elements of the Crime
The defendant carried on his or her person a dirk or dagger. The defendant knew that he or she was carrying it. The dirk or dagger was substantially concealed on the defendant's person. AND the defendant knew that it could readily be used as a stabbing weapon.
What is a dagger vs dirk? ›
A dirk is a long-bladed thrusting dagger. Historically, it gained its name from the Highland dirk (Scottish Gaelic dearg) where it was a personal weapon of officers engaged in naval hand-to-hand combat during the Age of Sail as well as the personal sidearm of Highlanders.
What is the legal definition of a dirk knife? ›
In 1993, the Legislature defined dirk or dagger to mean “a knife or other instrument with or without a handguard that is primarily designed, constructed, or altered to be a stabbing instrument designed to create great bodily injury or death.” Penal Code § 12020(c)(24).
Can you open carry a dagger in California? ›
California Penal Code 21310 PC makes it a crime to carry a concealed fixed-blade knife, also called dirks or daggers. You may openly carry a fixed-blade knife provided that: the knife is contained within a sheath, and. the sheath is worn suspended from your waist.
Can you carry a knife for self defense in California? ›
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.
What counts as a dagger? ›
A dagger is a fighting knife with a very sharp point and usually one or two sharp edges, typically designed or capable of being used as a cutting or thrusting weapon.
There is no law defining a “tactical” knife. In California, there are certain knives that are illegal. A ballistic knife, one that can shoot or otherwise propel the blade is illegal to own, import, transport, carry and even look at.
Why are ballistic knifes illegal? ›
After hearing uncorroborated testimony from a congressional witness that ballistic knives could be used to defeat body armor typically worn by police officers, and witnessing a staged demonstration against a wood-backed target, Senator Alphonse D'Amato of New York introduced the Ballistic Knife Prohibition Act, a bill ...
Why are switchblades illegal? ›
1958, Congress enacted the federal Anti-Switchblade Act, which banned interstate sale of switchblades, and outlawed them in federal territories or on federal waters. Because few states had domestic switchblade factories at that time, the federal act made it illegal to purchase switchblades in most states.
What does a dirk knife look like? ›
At its most basic a dirk can be defined as a "long dagger with a straight blade." This loose definition of course encompasses many different kinds of knives; in fact, most daggers will fit within this definition. The Scottish dirk, though, has unique features that set it apart from other straight-bladed sidearms.
How big is a dirk dagger? ›
A dirk weapon is a long thrusting dagger, featuring a blade that typically ranges from 12 to 20 inches in length. Originating from Scotland, it holds historical significance as a personal weapon of officers engaged in naval hand-to-hand combat during the Age of Sail.
What are the methods for concealed carry knives? ›
Inside-the-waistband carry, or IWB, is the preferred way to conceal a knife. It makes it harder to draw, harder to sheath, less comfortable to carry, and can lead to some awkward questions if you print the wrong way, but the knife is fully concealed.
What is the meaning of concealed knife? ›
As a tool designed for self-defense, concealed carry knives offer a portable and versatile solution that can be easily integrated into everyday life. A concealed carry knife is a purpose-built tool designed to be discreetly carried on someone's person.
What is a dirk dagger or stiletto? ›
Stiletto is generally a folding or retractable thin narrow double-edged knife. used primarily for stabbing. A good one is flexible and will penetrate the rib cage with sufficient length to cut the lungs and or penetrate the heart. A dirk dagger is a long stabbing knife. They are sturdy and can be used for slashing.
Is a fixed blade knife a dirk? ›
Whether a given knife is a dirk or dagger is a jury question that presents the risk of uncertainty. The circ*mstances of possession are factors that a jury is instructed to consider. Any fixed blade knife can be a “dirk or dagger” under California law and should be carried openly in a sheath suspended from the waist.
What size knife is legal to carry in California? ›
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.
