California Penal Code § 21510 PC – Possession of a Switchblade

California Penal Code  21510  makes it a misdemeanor to carry, possess in a public place, sell, or give away a switchblade knife with a blade two inches or longer. This law is far stricter than many people realize — there is no “open carry” exception, and it applies whether the knife is hidden in your pocket, kept in your car, or even carried in a bag. Intent to use the knife as a weapon is not required; simply having it in your possession in a public setting can lead to an arrest.

A “switchblade” is defined in Penal Code 17235 PC as any knife resembling a pocketknife that can open automatically by pressing a button or device on the handle, applying pressure, flicking the wrist, using gravity, or through any other mechanical means. This includes common designs like spring-blade knives, gravity knives, and “butterfly” (balisong) knives. Folding knives or tools that require thumb pressure and have a resistance mechanism typically do not meet the legal definition.

Violations of PC 21510 are aggressively prosecuted in Los Angeles County. While the charge is a misdemeanor, a conviction can still result in jail time, fines, and a permanent criminal record — consequences that can follow you for years. If you’re facing accusations of possession of a switchblade, speak immediately with a Los Angeles criminal defense attorney to protect your rights and start building a strong defense.

Definition of a Switchblade Under California Law

The legal definition of a “switchblade knife” is found in Penal Code § 17235 PC:

A switchblade is any knife resembling a pocketknife that has a blade two inches or more in length, which can be released automatically by:

• Pressing a button or other device in the handle,

• Applying pressure on the handle,

• A flip of the wrist,

• The force of gravity,

• Or by any other mechanical means.

This definition includes spring-blade knives, gravity knives, “butterfly” (balisong) knives, and other similar devices. Notably, a regular folding knife or utility knife is not a switchblade, as long as it requires thumb pressure and has a mechanism that resists opening or biases the blade back toward a closed position.

What Does Penal Code 21510 PC Prohibit?

California law strictly prohibits certain actions with a switchblade having a blade two inches or longer:

• Possessing the knife in the driver’s or passenger’s area of any motor vehicle in a public place.

• Carrying the knife upon your person (such as in your pocket or bag).

• Selling, offering for sale, lending, transferring, or giving the knife to another person.

There is no “open carry” exception for switchblades. It does not matter if the blade is exposed or concealed—any possession in a public place is illegal. You do not have to intend to use the knife as a weapon. Merely possessing it is enough for a conviction.

Examples of Switchblade Violations

• A person buys a spring-assisted knife with a 2.5-inch blade that opens with a push button. They leave it in the glove compartment of their car, which they park on the street. This is a violation of PC 21510(a).

• Someone carries a “butterfly knife” with a blade just over two inches long in their backpack while walking in a public park. They could be charged under PC 21510(b).

• An individual sells a gravity knife at a local swap meet. They can be prosecuted under PC 21510(c).

What the Prosecutor Must Prove

To secure a conviction for possession of a switchblade, the prosecution must prove each of the following elements beyond a reasonable doubt:

• Possession, carrying, sale, or transfer – You had the switchblade on your person, in your control, or transferred it to someone else.

• Blade length – The knife’s blade measured two inches or longer.

• Knowledge – You knew you possessed the knife and were aware of its characteristics that make it a switchblade under California law.

• Location or circumstance – The possession occurred in a public place, in a motor vehicle, or involved giving or selling it to another person.

Importantly, prosecutors do not need to prove you intended to use the switchblade as a weapon. Merely knowing that you possessed it is enough for a conviction.

Penalties for Possession of a Switchblade

Under California Penal Code 21510, possession of a prohibited switchblade is charged as a misdemeanor offense— it is not a felony or wobbler.

Potential penalties include:

• Up to 6 months in county jail

• A fine of up to $1,000

• Summary (informal) probation

• Forfeiture of the switchblade

In most cases, judges grant probation instead of jail time, especially for first-time offenders. However, aggravating factors — such as prior criminal history, intent to use the knife as a weapon, gang association, or resisting arrest — can increase the likelihood of serving time in county jail.

Collateral Consequences

• Immigration consequences: Some weapons offenses may result in deportation or inadmissibility for non-citizens.

• Impact on professional licenses: Certain convictions may affect your eligibility for occupational licenses in California.

• Permanent criminal record: This can affect job prospects, housing, and more.

Defenses to Penal Code 21510 PC Charges

A skilled Los Angeles criminal defense attorney can raise several defenses to fight switchblade charges, including:

• The knife is not a switchblade: Many folding knives, utility knives, and other tools do not meet the legal definition. If your knife required resistance to open (such as a thumb stud), it is likely not a switchblade under California law.

• Lack of knowledge: If you did not know you were carrying a switchblade (for example, it was left in a borrowed bag or jacket), you may have a defense.

• Unlawful search and seizure: If law enforcement found the knife during an illegal search, any evidence may be suppressed, leading to dismissal of charges.

• Momentary or innocent possession: You only possessed the knife temporarily to dispose of it safely, or for a lawful purpose.

• The knife was not in a public place: PC 21510 does not apply to private possession in some cases.

Related Offenses

• PC 21310 – Carrying a Concealed Dirk or Dagger

• PC 16590 – Possession of Prohibited Weapons

• PC 417 – Brandishing a Weapon

• PC 171b – Weapons in Public Buildings

• PC 626.10 – Weapons on School Grounds

Federal Switchblade Laws

Federal law also regulates switchblade possession and transportation. For example, 15 U.S.C. § 1242 prohibits bringing a switchblade into interstate commerce or onto federal property, with penalties of up to five years in federal prison and a $2,000 fine.

Expungement of a Switchblade Conviction

A misdemeanor conviction for PC 21510 can often be expunged (cleared) under Penal Code 1203.4, as long as you successfully complete probation or your jail sentence. Expungement can improve your job and housing prospects but does not restore firearm rights or erase immigration consequences.

Frequently Asked Questions

Is it ever legal to own a switchblade in California?
Switchblades with blades under two inches are not restricted by Penal Code 21510 PC. However, larger switchblades may not be carried, possessed in public, or sold.

Can I have a switchblade in my home?
Generally, PC 21510 focuses on possession in public places, vehicles, or transferring the knife. Private home possession may not violate this section, but other local or federal laws may apply.

Does the law apply to antique or collectible knives?
There is no exemption for antique, collectible, or heirloom switchblades if they meet the statutory definition and are possessed in public or sold.

Contact a Los Angeles Criminal Defense Attorney for Help With a Switchblade Charge

If you’ve been accused of violating Penal Code 21510 PC, the stakes are high — even a misdemeanor conviction can affect your freedom, record, and future. With over 20 years of experience defending weapons cases in Los Angeles County, Attorney Arash Hashemi, will evaluate your case, challenge the prosecution’s evidence, and fight for the best possible outcome. Contact our office today to schedule a free, confidential consultation.

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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.