Knives: Difference between revisions

From California Criminal Law Wiki
Jump to navigation Jump to search
No edit summary
No edit summary
Line 1: Line 1:


==Definitions==
===Dirk or Dager===
====Penal Code section 16470====
As used in this part, “dirk” or “dagger” means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position.
===Switchblade===


Pellecer
Pellecer

Revision as of 03:47, 2 May 2020


Definitions

Dirk or Dager

Penal Code section 16470

As used in this part, “dirk” or “dagger” means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position.

Switchblade

Pellecer

Wade


A switchblade knife can be a concealed dirk or dagger. (People v. Plumlee (2008) 166 Cal.App.4th 935.)

Butterfly knives are switchblades. (People v. Quattrone (1989) 211 Cal.App.3d 1389.)

Pressure of gravity can be a switchblade knife. (In re Angel R. (2008) 163 Cal.App.4th 905.)


Worn down detent can be switchblade. (In re Gilbert R. (2012) 211 Cal.App.4th 514, 417.)

47 ALR4th 651.

People v. S.C. (2009) concealed switchblade

PC626.10

People v. Bass (1968) People v. Geradoi (1985)

Prohibited Places

Government buildings or public meetings under Penal Code section 171b

Schools under Penal Code section 626.10

b