Dirk Daggler
California has complex knife laws. Many people are surprised to learn that carrying a knife is not automatically illegal. However, carrying certain types of knives in a concealed manner can result in criminal charges under California Penal Code section 21310.
If you have been arrested or cited for possession of a dirk or dagger, it is important to understand what the law prohibits, the penalties involved, and the defenses that may be available.
What Is Penal Code 21310?
Penal Code 21310 makes it a crime to carry a concealed dirk or dagger on your person. The statute provides that any person who carries a concealed dirk or dagger may be prosecuted as either a misdemeanor or a felony.
The law does not prohibit all knives. Instead, it specifically targets knives and other instruments that are capable of being readily used as stabbing weapons and are concealed from view.
What Is a "Dirk or Dagger"?
Under California law, a dirk or dagger is defined as a knife or other instrument that is capable of ready use as a stabbing weapon and may inflict great bodily injury or death. The object does not need to be designed exclusively as a weapon. Even ordinary objects may qualify if they can readily be used to stab another person.
Examples that may qualify as a dirk or dagger include:
Fixed-blade knives
Hunting knives
Certain tactical knives
Homemade stabbing instruments
Folding knives with blades exposed and locked into position
Many pocketknives are legal when carried in the folded position. However, once the blade is exposed and locked, the knife may legally become a dirk or dagger.
What Must the Prosecutor Prove?
To obtain a conviction under Penal Code 21310, prosecutors generally must prove:
The defendant carried a dirk or dagger on his or her person;
The defendant knew the object was being carried;
The weapon was substantially concealed; and
The defendant knew the object could readily be used as a stabbing weapon.
Importantly, the prosecution does not have to prove that the defendant intended to use the knife as a weapon. Merely carrying a concealed dirk or dagger can be enough for a conviction.
What Does "Concealed" Mean?
Many people assume that a knife must be completely hidden to violate the law. That is not the case.
California courts have held that a weapon may be considered concealed even if part of it is visible. If the weapon is substantially concealed and not readily identifiable, a prosecutor may still file charges.
For example:
A knife hidden inside a pocket may be concealed.
A knife tucked into a waistband may be concealed even if part of the handle is visible.
A knife hidden inside a backpack, purse, or briefcase may create legal issues depending on the circumstances.
When Is Carrying a Dirk or Dagger Legal?
California law generally allows a person to openly carry a dirk or dagger if it is carried in a sheath suspended openly from the waist. When carried openly in this manner, the weapon is not considered concealed.
Additionally, many folding pocketknives may be lawfully carried when they are folded and not locked into an exposed position.
Penalties for Penal Code 21310
A violation of Penal Code 21310 is a "wobbler," meaning it may be charged as either a misdemeanor or a felony depending on the circumstances of the case and the defendant's criminal history.
Misdemeanor Penalties
A misdemeanor conviction can result in:
Up to one year in county jail
Fines
Probation
Felony Penalties
A felony conviction can result in:
Sixteen months, two years, or three years in custody
Substantial fines
Formal probation
A conviction can also create lasting consequences affecting employment opportunities, professional licensing, housing applications, and future criminal cases.
Common Defenses to a Dirk or Dagger Charge
Every case is different, but several defenses frequently arise in Penal Code 21310 cases.
The Object Was Not a Dirk or Dagger
Many cases hinge on whether the object actually meets the legal definition of a dirk or dagger. A folding knife that was closed, a utility tool, or another object not readily usable as a stabbing weapon may not qualify under the statute.
The Weapon Was Not Concealed
If the knife was openly carried in compliance with California law, the prosecution may be unable to prove concealment.
Illegal Search and Seizure
Many dirk and dagger cases arise from traffic stops, pedestrian stops, probation searches, or vehicle searches. If law enforcement violated the Fourth Amendment, the evidence may be suppressed and the case dismissed.
Lack of Knowledge
The prosecution must prove that the defendant knew he or she possessed the object and knew it could readily be used as a stabbing weapon. In some situations, that knowledge may be disputed.
Contact a California Criminal Defense Attorney
Being charged with carrying a concealed dirk or dagger does not automatically mean you will be convicted. Many cases involve factual disputes regarding whether the object qualifies as a dirk or dagger, whether it was actually concealed, or whether law enforcement conducted a lawful search.
If you have been arrested for violating Penal Code 21310 in Northern California, it is important to speak with an experienced criminal defense attorney as soon as possible.
