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Dirk or Dagger Law in California

A knife or other weapon with or without a hand guard that is capable of being used to stab a person. It is used to inflict great bodily harm or death.  

What is a Dirk or Dagger and is it legal To Carry One in California?

  According to California Penal Code Section 21310 PC, it is illegal to carry a concealed dirk or dagger. California has enacted this law because they feel that concealed weapons are too dangerous for society. This only applies to a concealed dirk or dagger. It is not against the law to open carry such a weapon in a sheath.   A dirk or dagger is defined under Penal Code 16470 PC as a:  
  1. A knife or other instrument with or without a hand guard
  2. Is capable of ready use as a stabbing weapon that may inflict a significant or substantial physical injury or death.
  A pocket knife or folding knife that is in a folded position does not constitute a dirk or dagger. However, a pocket knife will be considered a dirk or dagger if the blade is “exposed and locked into position.”  

What the Prosecutor Must Prove

  In order to obtain a conviction, the prosecution must be able to prove that a defendant is guilty of the following.  
  1. The defendant had possession of a dirk or dagger
  2. The defendant knew that he or she was carrying it
  3. The dirk or dagger was concealed on the defendant’s body and the defendant knew it could readily be used as a stabbing weapon
 

Possible Consequences

  If someone charged with carrying a concealed dirk or dagger it is known as a “wobbler”. This means that, depending on circumstances of the crime and prior offenses, it could fall under either a misdemeanor or a felony.     As a misdemeanor it could mean up to 1 year in county jail and/or up to a $1,000 fine.     As a Felony it could mean 16 months, or 2-3 years in county jail, and/or up to a $10,000 fine

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