California Criminal Defense Blog

In New Hampshire they are. In California, not so much. Last Thursday, New Hampshire repealed a law prohibiting people from carrying switchblades, stilettos, dirks, and daggers. What used to be considered a misdemeanor is now perfectly legal in that state.

However, this state continues to prosecute people who carry concealed dirks, daggers, and other “dangerous” knives. California allows people to carry specific knives, including dirks and daggers, as long as they’re carried openly in a sheath. However California law also bans carrying certain knives altogether, like switchblades, regardless of whether they’re concealed or carried openly. It’s okay to possess certain knives in specific locations, while it’s illegal to possess others at any time.

Sound confusing? It is.

Although California’s knife laws aren’t as strict as some others, they are still tough and very convoluted. So what’s a knife owner to do? The best advice is to become well-versed in California’s knife laws before deciding to purchase, possess, or carry dirks, daggers, or other knives.

Police arrested a Delta Airlines off-duty pilot last Saturday when airport security found a concealed loaded handgun in his luggage. Although the pilot reportedly had a permit to carry a concealed weapon, that authority doesn’t extend to an airport.

This is a popular misconception about concealed weapons’ permits. In this state, holding a California permit to carry a concealed weapon “CCW” allows you to legally carry a concealed weapon…an act that would otherwise be illegal. But just because you hold a valid California CCW permit does not mean that you can carry your gun anytime, anywhere.

For example, you can’t carry an assault weapon or long-gun. California CCW permits only apply to legal “pistols, revolvers, and other firearms capable of being concealed upon your person”. In addition, you are only permitted to carry the specific weapons that are listed on your permit.

Disobeying the rules relating to your CCW permit may lead to the revocation of that license…and to additional criminal penalties as well. This is why it’s so important to familiarize yourself with the local laws of your state that govern CCW permits.

On July 29, 2010, Arizona will become the third state to allow its residents to carry concealed weapons without a permit to do so. Although there will be some restrictions for “sensitive” areas such as bars and school grounds, the law is a victory for gun lobbyists.

The remaining states, including California, continue to ban carrying concealed weapons without a permit. Penal Code 12025 PC, California’s law against carrying concealed weapons, currently punishes this crime as a misdemeanor, although aggravating circumstances can elevate the offense to a felony.

But as some states continue to ease their restrictions on firearms and other weapons, California seems to be becoming stricter. Not only is there no indication that this state will reverse Penal Code 12025, California’s law against carrying concealed weapons, but laws imposing tighter restrictions on ammunition sales are set to go into effect later this year.