California Penal Code § 21310 PC – Carrying a Concealed Dirk or Dagger

Carrying a concealed dirk or dagger is a serious weapons offense in California. Under Penal Code 21310 PC, it is illegal to carry a concealed dirk or dagger on your person—whether it’s hidden in a pocket, waistband, boot, or bag. This law is frequently misunderstood, and a conviction can result in severe criminal penalties, even if you had no intention of using the weapon.

If you or a loved one is facing charges under 21310 PC in Los Angeles, it’s critical to work with an experienced criminal defense attorney who understands how local courts interpret the law and can fight to protect your rights.

What is a Dirk or Dagger Under California Law?

California law defines a dirk or dagger as any knife or stabbing weapon that is capable of ready use as a stabbing weapon and may inflict great bodily injury or death. This covers more than just traditional daggers—it can include stilettos, certain fixed-blade knives, trench knives, and even some tools or modified objects, depending on their design and how they are carried.

Most closed, non-locking folding knives (such as standard pocket knives) are not considered dirks or daggers under 21310 PC, unless the blade is exposed and locked into position.

What Does “Concealed” Mean Under 21310 PC?

A weapon is considered “concealed” if it is not readily visible to others. For example:

• Hidden in your pocket or waistband

• Tucked inside a boot

• Inside a purse, backpack, or other container you’re carrying

Simply put, if the weapon isn’t plainly visible to a casual observer, it is likely considered concealed. On the other hand, carrying a dirk or dagger openly in a sheath suspended from your waist is generally legal under California law.

Elements of the Offense

To be convicted under Penal Code 21310 PC, the prosecution must prove each of the following elements beyond a reasonable doubt:

• You carried a dirk or dagger on your person.

• You were aware that you were carrying the weapon.

• The weapon was substantially concealed on your person—meaning it was not openly visible to others.

• You knew that the object could be readily used as a stabbing weapon capable of inflicting great bodily injury or death.

Importantly, the prosecution does not need to prove that you intended to use the weapon—only that you knowingly carried it in a concealed manner.

Penalties for Carrying a Concealed Dirk or Dagger (21310 PC)

A felony conviction under Penal Code 21310 PC can result in the loss of your right to own or possess firearms, and may also carry serious immigration consequences for non-citizens.

Penal Code 21310 PC is a “wobbler” offense, meaning it can be prosecuted as either a misdemeanor or a felony. The penalties will depend on how the prosecutor files your case and the facts surrounding your situation.

If charged as a misdemeanor, penalties may include:

• Up to 1 year in county jail

• A fine of up to $1,000

• Possible summary (informal) probation

If charged as a felony, penalties may include:

• 16 months, 2 years, or 3 years in county jail (pursuant to California’s realignment program)

• A fine of up to $10,000

• Possible formal probation

Legal Defenses to Penal Code 21310 PC

An experienced Los Angeles criminal defense attorney will thoroughly review your case to identify the most effective strategy for your defense. Common legal defenses to charges under 21310 PC include:

• The item was not a dirk or dagger: If the object does not meet California’s legal definition of a dirk or dagger, you cannot be convicted under this statute.

• The weapon was not concealed: It is not a crime to openly carry a dirk or dagger in a sheath suspended from your waist.

• Lack of knowledge: You were unaware that you were carrying the weapon—such as if someone else placed it in your belongings, or you genuinely forgot it was there.

• Illegal search and seizure: If law enforcement discovered the weapon through an unlawful search or seizure, your attorney can challenge the evidence and may be able to get the charges dismissed.

• Momentary possession: You only briefly possessed the weapon for the purpose of disposing of it safely; this is a limited defense that may apply in certain circumstances.

Every case is unique, and a skilled attorney will work to build the strongest possible defense based on your specific facts.

Frequently Charged Offenses Alongside Concealed Dirk or Dagger

• PC 16590 – Possession of generally prohibited weapons

• PC 417 – Brandishing a weapon

• PC 21510 – Possession of a switchblade

• PC 245(a)(1) – Assault with a deadly weapon

• PC 171b / PC 626.10 – Possession of weapons in public buildings or schools

Expungement, Immigration, and Gun Rights

• Expungement: In many cases, you may be eligible to expunge a 21310 PC conviction after completing probation or jail time.

• Immigration: Felony weapons convictions can carry serious immigration consequences, including possible deportation.

• Gun rights: Felony convictions under 21310 PC result in a loss of your gun rights under both California and federal law.

Contact a Los Angeles Criminal Defense Attorney

A conviction for carrying a concealed dirk or dagger can have serious and lasting consequences—including jail time, a permanent criminal record, and loss of your gun rights. Weapons offenses are aggressively prosecuted in Los Angeles, and a conviction can impact your job, immigration status, and future opportunities.

If you have been charged under PC 21310, contact The Law Offices of Arash Hashemi today. Attorney Arash Hashemi is a Los Angeles criminal defense attorney with over 20 years of experience defending clients against weapons and felony charges. He will personally review your case, explain your legal options, and fight to protect your rights every step of the way.

The Law Offices of Arash Hashemi proudly serves clients across Los Angeles County, providing honest advice and a proven record of results. Schedule your free and confidential consultation today. The sooner you involve a criminal defense attorney, the more options you have to protect your freedom and your future.

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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.