Butterfly knives are a type of switchblade that are prohibited in California under Penal Code 21510 PC. In particular, it is unlawful to sell, give away, or otherwise transfer a butterfly knife. Convictions are minor offenses with a maximum jail sentence of six months. That said, these types of weapons charges are often charged in conjunction with other charges.

If you are facing criminal charges in Southern California then we urge you to contact Law Office of Michael L. Fell at (949) 585-9055 sooner rather than later. Call us now for a free legal consultation.

In California, are butterfly knives prohibited?

Butterfly knives are against the law in California according to Penal Code sections 21510 and 17235 PC. Knowingly engaging in the following actions with a switchblade knife that has a blade length of two inches or more is prohibited by Penal Code 21510.

Carrying the knife, selling it, offering it for sale, lending it, transferring it, or giving it away are all prohibited when doing so in public or in any area that is accessible to the general public. Additionally, it is up to law enforcement to demonstrate that you possessed a switchblade or was aware that one was in your possession, as well as the characteristics of the knife.

They only need to show that you had the knife, not that you planned to use it as a weapon. The term "switchblade knife" is defined in Penal Code 17235 PC. These knife types look like pocketknives and have one or more blades that are at least 2 inches long. The blades can be released in one of several ways: automatically with a button press, manually with pressure on the handle, mechanically with a flick of the wrist, or manually with the weight of the blade or by any other mechanism.

These automatic knives, however, are not regarded as switchblades if they meet certain criteria: a knife that opens with one hand using either: thumb pressure applied solely to the blade of the knife; a thumb stud attached to the blade; and has a detent, catch, or other mechanism that offers resistance to the blade's opening or that provides a bias toward the knife's closing.

Box cutters are covered by this exception. A California appellate court determined that butterfly knives are included in this description of a switchblade because they lack a catch that would prevent them from opening and are simple to open with one hand. A butterfly knife is illegal under Penal Code 21510 PC because, according to Penal Code 17235 PC, it is a sort of switchblade.

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If you are facing any type of criminal charge, you can contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation and learn what your options are.