Finding yourself in possession of a butterfly knife, also known as a balisong, in California can be a serious legal issue. Many people underestimate how strict the laws are around these knives, and even minor possession can result in criminal charges. This guide breaks down what a butterfly knife is, how California law treats it, the potential penalties, and what you should do if you are caught.
What Is a Butterfly Knife?
A butterfly knife, or balisong, is a folding knife with two handles that rotate around the blade, allowing the knife to open quickly. This rapid deployment capability, often used in “flipping tricks,” makes it a type of knife that is heavily regulated under California law.
California law classifies butterfly knives as switchblades. A switchblade is defined as any knife that opens automatically with a flick of a button, pressure on the handle, a flip of the wrist, or any other similar mechanism. The state law explicitly includes butterfly knives in this definition, which means they are subject to the same restrictions as other automatic knives.
California Laws Regarding Butterfly Knives
1. Possession and Carrying
California Penal Code § 21510 makes it illegal to possess, carry, sell, or transfer a switchblade knife with a blade of two inches or longer. Key prohibitions include:
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Carrying the knife on your person in any public place.
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Keeping the knife in the driver or passenger area of a vehicle in a public location.
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Selling, transferring, lending, or giving the knife to another person.
Even carrying a butterfly knife openly or concealed in public or in your vehicle can result in charges. California law is strict, and intent to use the knife as a weapon is not required for a violation to occur.
2. Blade Length and Mechanism
To fall under the legal definition of a switchblade:
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The blade must be two inches or longer.
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The knife must be capable of opening automatically via a flick, wrist flip, gravity, or similar mechanism.
Knives shorter than two inches or without the automatic-opening feature may not fall under the law, but it is still recommended to exercise caution.
3. Private Possession vs. Public Carry
While carrying or possessing a butterfly knife in public is illegal, private possession in your home is generally not prosecuted under the same statute. However, local ordinances may impose additional restrictions, so it is essential to understand the rules in your city or county. Keep in mind that if the knife is found in a vehicle or public space, the law will treat it as illegal possession.
4. Additional Restrictions
Certain locations, such as schools, government buildings, or areas with heightened security, have stricter rules. Possession in these areas may lead to enhanced penalties. Furthermore, transferring a knife to a minor or someone prohibited from carrying weapons can increase the severity of the offense.
Penalties for Possession of a Butterfly Knife
Violating California laws regarding butterfly knives is considered a misdemeanor. The penalties can include:
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Up to six months in county jail.
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Fines of up to $1,000.
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Probation, depending on the circumstances.
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A permanent criminal record, which can affect employment, housing, and other opportunities.
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For non-U.S. citizens, potential immigration consequences.
Even without evidence of intent to harm, possession in public or in a vehicle can result in serious legal consequences.
What to Do If You’re Caught
If you are arrested or cited for possession of a butterfly knife:
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Seek Legal Counsel Immediately
Contact a qualified criminal defense attorney experienced in weapon laws in California. They can evaluate the specific circumstances, including knife size, mechanism, location, and knowledge. -
Understand the Facts
Key details can affect the outcome:-
Where was the knife found (on your person, in a vehicle, or public space)?
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What is the blade length?
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Does the knife open automatically?
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Did you know the knife was a switchblade?
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Consider Potential Defenses
Possible defenses may include:-
The knife blade is shorter than two inches.
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The knife does not open automatically as defined by law.
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The possession occurred entirely on private property.
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Lack of knowledge that the knife was a switchblade.
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Avoid Complicating the Situation
Do not attempt to hide, dispose of, or transfer the knife after being confronted by law enforcement, as this could worsen your legal position.
Frequently Asked Questions
Can I buy a butterfly knife in California?
No. It is illegal to sell, offer for sale, or transfer a switchblade, which includes butterfly knives.
Can I import one from another state?
No. Bringing a butterfly knife into California from another state can lead to confiscation and criminal charges.
Can I keep one at home?
Possession inside your home is generally not prosecuted under state law, but be mindful of local ordinances that may be more restrictive.
What if the blade is under two inches?
A blade shorter than two inches or lacking automatic-opening features may not be considered a switchblade. However, laws can be interpreted differently in certain jurisdictions.
Are local laws different?
Yes. Some cities and counties have stricter knife regulations. Always verify the laws in your area to avoid violations.
Final Thoughts
Butterfly knives are heavily regulated in California. Even carrying or possessing one in public, in a vehicle, or attempting to transfer it can result in misdemeanor charges, jail time, fines, and long-term consequences. Understanding the law and acting quickly if you are charged is essential.
If you or someone you know is facing charges related to a butterfly knife, it is crucial to seek professional legal assistance immediately.
Call to Action
For expert guidance and representation regarding butterfly knife charges or any weapon-related offenses in Southern California, contact us today. Our experienced criminal defense attorneys are ready to help protect your rights and navigate the complexities of the law. Don’t wait—reach out to Southwest Legal now to ensure your case is handled with the care and expertise it deserves.
