Legal Question in Criminal Law in California

According to the California penal code (16470), a pocket knife that is locked in an open position qualifies as a “dirk or dagger,” thus defining a “dirk or dagger” more broadly than the standard dictionary definitions for those terms would.

Some municipal codes for cities within the state of California refer to “dirks” or “daggers” or “dirk or dagger” without offering any definitions for those terms.

My question is, which definition applies to these terms when used, undefined, within city codes: the definition used in the state penal code or the dictionary definition?

Thank you.


Asked on 9/11/18, 9:29 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

There is no one answer -- Whatever 'legal' definition the Prosecutor's office believes that applies in this case, and that they want to use, that they think will be accepted by the court and jury. State Code is supposed to be primary, but.....

We defense lawyers, and the prosecutors, Judges and Appellate Court Justices, get to argue the issue on a case by case factual basis - every knife is different in size and shape. They also get to argue and try to prove the intent of the possession, carry and use.

That is unless you think the govt should define, regulate, register, license, potentially ban and confiscate every knife model that scares them or they dislike, as they try to do with firearms. Then everyone could know which was a defined 'illegal assault' knife, and which wasn't, in the eyes of the oh so wise, all knowing politicians/ bureaucrats. Knife prices would rise of course, as the bureaucrats mandate etched labels saying "WARNING: sharp edge dangerous to your health and safety", requiring permits, fees and background checks to 'carry concealed', and of course mandating "safe locked storage", "child proof design", electronic user ID locks, and "micro-stamping" of your identifying number so if used in a crime and recovered they would know who to search for.

Sorry for the humor/sarcasm, it's not directed at you, just CA politicians.

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Answered on 9/11/18, 1:41 pm


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