is it illegal to?

Question

carry a fixed blade knife in california?its 3in long.how much trouble could i get in for walking around with it in my pocket.would the penalty change if i had a gram or so of marijuana?

Answer 1

Although coragryph is usually right on in his answers (and his bottom line that the knife you have is not per se illegal is correct), I do not know where he gets the idea that a 4-inch knife would be illegal. In California the possession of switchblade knives with blades of two inches or more in public is illegal. (Pen. Code sec. 653k.) And it is illegal to have knives in places like courthouses, schools, or other public buildings. Other than that, the only prohibition upon possessing a knife is that it is illegal to have a CONCEALED dirk or dagger (though most knives will qualify as a dirk or dagger). (Pen. Code sec. 12020.) It does not matter what the blade length is if it is concealed, and if it is not concealed, and is not a switchblade, it is not illegal no matter how long it is.

If you carried your knife concealed, it could be charged as a felony with a 3-year maximum term. It could also be charged as a misdemeanor with a 1-year maximum term. If you also had a charge of possession of less than an ounce of marijuana (a pretty minor misdemeanor with a maximum punishment of a small fine) it might make it a bit harder to negotiate a favorable disposition, but my experience would indicate that it would not change the ultimate result on the 12020 charge by very much.

Note that there are some local regulations of knife possession which may impact this discussion as well. The above applies only to state law.

Answer 2

In many locations (schools, cars, some public buildings, etc.), that would be illegal. In other locations, lengths up to four inches are allowed.

And yes, adding a drug possession charge on top of a weapons possession change is not helpful.