CALIFORNIA CRIMINAL LAWYERS

Los Angeles Switchblades

Is It Illegal to Carry a Switchblade Knife in Los Angeles?

Switchblade knives have long been associated with a notorious reputation, depicted as the preferred weapon of choice for gang members or criminals in popular literature, television shows, and films. Consequently, many people may wonder whether it is truly illegal to possess or carry a switchblade knife in Los Angeles.

In brief, the answer to this question is “yes”. According to California law, it is strictly illegal to carry a switchblade on your person or own such a knife in Los Angeles. While there are no exceptions to this law, there are some additional details that you should be aware of prior to purchasing, possessing, or carrying a switchblade knife in Los Angeles.

Defining the Criminal Act

According to the California Penal Code Section 21510-21590, a person can face criminal prosecution and arrest when committing any of the following actions:

– Possessing or carrying a switchblade in a public area or a vehicle
– Carrying a switchblade knife on your person
– Giving, receiving, offering to sell, or selling a switchblade knife

What is a Switchblade Knife?

Though the majority of people are familiar with the appearance and functionality of switchblade knives, it’s crucial to report the distinction between switchblades and standard pocketknives to comprehend this law meaningfully.

A switchblade knife is one that can be opened automatically via a mechanism that doesn’t require the blade to be manually opened or unfolded. Conversely, a legal pocket knife is a knife that necessitates manual force or pressure to be physically opened manually to deploy a blade.

Moreover, it’s necessary to note that Penal Code Section 21510-21590 refers to switchblade knives with a blade length of two or more inches. Therefore, possessing or carrying a switchblade with a blade length of fewer than two inches may not lead to criminal prosecution.

Legal Penalties

In Los Angeles and throughout California, possessing, carrying, or selling a switchblade knife to someone else is considered a misdemeanor offense. This suggests that people who are found guilty of such an offense may face:

– Up to six months of county jail time
– A term of probation or community supervision
– A fine of up to $1,000

Examples of the Crime

Although it is evident that possessing or carrying a switchblade knife or offering them for sale is a criminal offense, what about other possibilities? Let’s say David has a friend named Steve, an antique knife collector. Steve finds an antique switchblade knife in a pawn shop and purchases it. He decides to give it to David as a present on his birthday. David inserts the knife into his pocket and carries it home after the party. In truth, the pawnshop retailer who originally sold the switchblade knife, Steve, and David may all be held responsible for illegal conduct since giving, selling, or carrying the knife is classified as a criminal act.

Legal Protections

While some people may believe that violating switchblade knife laws is not a significant matter, it can have a significant impact on their present employment status or future job hunting prospects.

Our law practice can assist you in constructing a solid legal defense against your charges in court, such as:

– Arguing that someone placed a switchblade in your vehicle.
– Proclaiming that you didn’t intend to possess or carry the switchblade knife.
– Asserting that the knife is inadmissible evidence due to an unlawful search.

If your defense is successful, the charges can be dropped, and you could be absolved of incarceration and probation.