![]() The assault charge was dismissed at trial in the absence of proof that Hester had inflicted any injury. Hester was charged with assault with a deadly weapon, making criminal threats, and possession of a dirk or dagger. Blood was not observed on either boxcutter or Hester’s clothing. Hester was stopped shortly thereafter and found to have a folding boxcutter in a pocket and a second retractable boxcutter in his backpack. ![]() The witness claimed that she then heard Hester threaten the victim and her. The witness observed Hester after she went into her house to get a towel to bind his wound. The holding of People v Castillolopez is that a nonlocking folding knife such as a slip joint design is not “locked” when open and is excluded from the category of dirks and daggers.Ī decision in the case of State v Hester, 58 Cal.App.5th 630, in December 2020, upheld a conviction for possession of a concealed dirk or dagger where the items in question were two boxcutters each having a blade about one inch in length.ĭefendant Hester was arrested based on a description of a witness who observed a man with a cut on his hand. ![]() The California Supreme Court ruled that his conviction must be reversed. AKTI submitted an amicus curiae brief on behalf of Mr. – was unsatisfied and appealed to the California Supreme Court seeking to reinstate the conviction of Castillolopez. Kamala Harris – then California Attorney General, now Vice President of the U.S. The current statutory definition at 17235 for “Switchblade knife” is as follows: The original definition has been changed. ![]() A separate section also prohibits any undetectable knife in the sterile area of any public transit facility.Ĭalifornia enacted a switchblade restriction in 1957. “Box cutters” are prohibited in airports and passenger vessel terminals. “Any knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands” is restricted in state or local public buildings or meetings as well as airports and passenger vessel terminals. An exception exists for any fixed blade knife with a blade longer than two and one-half inches “upon the grounds of, or within, any private university, state university, or community college for lawful use in or around a residence or residential facility located upon those grounds or for lawful use in food preparation or consumption.” Restrictions apply to all knives, except for non-locking folding knives with a blade no longer than two and one-half inches, on any public or private school property K through university. Restrictions on Carry in Specific Locations/Circumstances: It is unlawful to carry concealed upon the person any dirk or dagger which is defined broadly so that it may include any fixed blade knife, as well as any folding or retractable knife with a locking blade. Restrictions on manufacturing and transfer do apply to the items listed above in the “Restricted Knives” section. Restrictive ordinances are common in municipalities throughout the state. Statewide uniformity does not exist with respect to knife possession and carry. Possession of prohibited items in sterile area of public transit facility punishment Airports and passenger vessel terminals prohibited itemsġ71.7. Unauthorized possession of weapons in state or local public building or at public meeting offense punishmentġ71.5. Bringing or possessing weapons on school grounds exceptionsġ71b. ![]() Possession, carrying, sale, loan or transfer of switchblade knife prohibitedĦ26.10. Carrying of concealed dirk or dagger punishmentĢ1510. Manufacture, import, sale, supply, or possession of ballistic knife punishmentĢ1310. Unlawful manufacture, import, export, keeping, offering for commercial sale of undetectable knifeĢ1110. Knife carried in sheath worn openly deemed not concealedĢ0810. Generally prohibited weapon definedĢ0200. Any automatic (switchblade) knife, having a blade two inches in length or more, should not be carried, possessed in a vehicle or location open to the public, or transferred.ġ6590. Various knives disguised as other objects are prohibited. The circumstances of possession are factors that a jury is instructed to consider.Īny fixed blade knife can be a “dirk or dagger” under California law and should be carried openly in a sheath suspended from the waist. Whether a given knife is a dirk or dagger is a jury question that presents the risk of uncertainty. Only nonlocking or slip joint design folding knives are excluded. Dirk defined dagger defined – is overbroad to the extreme. While this may seem to be only a modest limitation, the definition – 16470. California Penal Code 21310 which provides that it is unlawful to carry any dirk or dagger concealed is the primary statewide restriction applicable to knives. ![]()
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