NCJ Number
143651
Journal
Law Enforcement Quarterly Dated: (February-April 1993) Pages: 5- 8,36-38
Date Published
1993
Length
7 pages
Annotation
This article reviews California law on the possession, use, and carrying of knives.
Abstract
In determining whether or not the use or possession of any particular knife is in violation of a California statute, one or more of five separate but often interrelated factors must be considered: the type of knife, who has possession of it, the physical location where it is possessed, how the knife is used or obtained, and the intent of the possessor. Some knives are illegal to possess by anyone under any circumstances, since they are viewed as having a sole use for criminal and improper purposes. Such knives include ballistic knives, belt buckle knives, lipstick case knives, cane swords, shobi-zues, air gauge knives, and writing pen knives. A shuriken, or "Chinese throwing star," is also included. Another factor in determining the legality of possessing any particular knife is who has possession. It is illegal for an inmate of a State prison to possess any sharp instrument. Possession of any of the deadly knives listed in the law by a mental patient or someone previously adjudicated by a court to be insane, mentally incompetent, placed under a conservatorship, or otherwise determined to be a danger to himself/herself or others due to mental problems is a felony. Certain locations require increased protection by excluding weapons, including knives, which under other circumstances might be legal to possess. These locations include courthouses, colleges or universities, and prisons or jails. Many laws relate specifically to the use of deadly or dangerous weapons, usually in some form of an assault on another person. The law also prohibits the possession of any type of knife with the intent of using it to commit a crime. 60 notes and a table of statutes applicable to knives