21 Apr 26
Many perpetrators of violent crimes accomplish the offenses using dangerous knives. Therefore, anyone carrying a concealed weapon is deemed a threat to the public. So, the state passed PEN 21310, prohibiting individuals from carrying a concealed dirk or dagger to promote public safety. A violation of the statute is a wobbler, and if convicted, you risk prison incarceration of no more than 60 months.
Unfortunately, with the aggressive prosecution of PEN 21310 violation charges, even a simple tool in your pocket could be reclassified as a dirk or dagger, leading to criminal charges and a possible wrongful conviction. California laws are complex, making it necessary to seek legal help when you face these charges. Your attorney will break down the alleged crime, defining its elements, penalties, and effective defense strategies, so that you obtain a favorable verdict, such as a dismissal or reduction of charges.
A Quick Glance at Carrying a Concealed Dirk or Dagger
It is unlawful to deliberately or intentionally carry in your person a concealed knife capable of being utilized as a stabbing weapon, inflicting great bodily injury (GBI) or death pursuant to Penal Code 21310. The crime is a wobbler, giving the prosecutor discretion to charge it as a felony or a misdemeanor, depending on the case’s facts.
PEN 21310 was enacted as a public safety measure to deter individuals from hiding dangerous weapons that could be easily utilized for unlawful activity without alerting the public. The statute only prohibits the concealed carry of dirks and daggers. It does not regulate the open carry of these weapons nor require the prosecutor to prove that the accused intended to use the weapon for a crime. The law only requires the prosecutor to show that you carried the weapon while concealed to hide its existence from the public. Simply carrying the weapon while hidden on your person is sufficient to secure a conviction.
Dirk or Dagger Definition
California concealed carry laws only focus on firearms or guns and do not cover knives. Rather, PEN 21310 is preserved for concealed carry involving dangerous knives, and precisely dirks and daggers. So, this begs the question, what are dirks and daggers?
PEN 16470 is the statute that defines “dirk” and “dagger.” Per the statute, a dirk or dagger refers to any knife or any other tool with or without a crossguard that can readily be used as a stabbing weapon, causing GBI or death. Simply put, any knife that can stab someone, causing fatal wounds or GBI, is classified as a dirk or dagger. These include:
- Hunting knives, bowie knives, combat knives, or any other knife with a fixed blade or blade that does not fold
- Any folding knife carried with an exposed or open blade and an engaged lock
- Improvised stabbing tool not originally intended for use as a knife but modified to act as a stabbing weapon. An example of the instrument is a sharpened screwdriver.
The definition of “broad” is that many types of knives can fall under this category. The law does not require the knife to have a double blade or a cross-guard to shield the hands. If you conceal a hunting knife with a single blade, a sharpened screwdriver, or a combat knife, your actions qualify as a PEN 21310 violation because all these instruments are capable of being readily utilized as stabbing weapons. A sharpened screw is not a knife, but it fits the definition of an instrument primarily designed to stab.
While the statute seems to include any sharp instrument that can be utilized for stabbing, inflicting GBI, or death, it places an exception on folding knives. The definition includes nonlocking folding knives, pocketknives, and folding knives with blades that cannot be switched and are at least two inches long, only if the knife’s blade is exposed and in a locked position. Therefore, a typical pocketknife that folds when closed and has a slip-joint does not qualify as a dirk or dagger, and concealed carry of such a weapon is not a crime pursuant to PEN 21310. Other knives that do not meet the definition include:
- A non-locking Swiss army knife
- Butter or paring knife
- A folding knife with a blade less than two inches when locked
- Saws
- swords
Nevertheless, when your folding knife has a frame or liner lock, and you carry it with the blade exposed and locked in place, the law treats it as a dirk or dagger, and concealing it on your person is a crime.
In the definition, “dirk” or “dagger” is used synonymously. You can use them interchangeably to refer to a knife.
PEN 21310 Violation Elements
The prosecutor bears the burden of proof in your criminal case and must prove all the elements of the crime beyond a reasonable doubt to secure a guilty verdict. The elements they must demonstrate include:
You, the Defendant, Carried in your Person a Dirk or Dagger
The prosecutor must first show that the weapon was in your possession. “In your person” means it was in your hands, in your pocket, on your clothing, or strapped to your body.
Additionally, the prosecutor must demonstrate that the instrument or knife meets the definition of “dirk” or “dagger” under PEN 16470.
The Knife or Instrument was Hidden or Concealed
A PEN 21310 violation requires the weapon to be substantially hidden or concealed. Concealment means the knife or instrument used as a stabbing weapon is hidden from plain view. The weapon can be termed substantially concealed even if part of it is visible. So, the prosecutor must show that your weapon was concealed from plain view or observation. For example, if the weapon is in your pocket with a visible tip or tucked in your waistband with a protruding handle, the judge or jury will consider it as substantially concealed. The law considers the weapon concealed because the dangerous part, which is the blade, is still not visible, even though the handle can be seen.
However, you will not be guilty of concealment if the weapon is in a sheath and worn openly, hanging from the waistband.
You Were Aware you were Carrying the Weapon and Understood Its Dangerous Capabilities
Another crucial crime element the prosecutor must prove is that you knew the dagger was present. Even though PEN 21310 applies if you were carrying a hidden dirk, the prosecutor should demonstrate you knew of its presence for you to be guilty. The prosecutor should prove you were aware of its presence and its capability to be used as a stabbing weapon to inflict GBI or death. So, proving knowledge of the dagger’s presence is not enough to secure a conviction. The prosecutor should show that, on top of knowing you had the dirk on your person, you understood its capacity to be readily utilized as a stabbing weapon, causing death or GBI.
If you lacked knowledge of the dagger’s presence or its dangerous nature, you are not guilty pursuant to PEN 21310. For purposes of PEN 21310, your motive or intent to conceal the dagger is irrelevant to the court or jury. You do not need to have intended to use the weapon for the court to hold you criminally liable.
Penalties for Carrying a Concealed Dirk
A PEN 21310 violation is a wobbler, allowing the prosecutor to charge it as a misdemeanor or a felony. The specific charge the prosecutor will prefer hinges on the evaluation of factors relevant to the case, such as your criminal past and whether someone sustained harm from your actions.
When charged with a misdemeanor, a guilty verdict will attract the following penalties:
- No more than twelve months of jail incarceration
- At most $1,000 in court-imposed fines
- Summary or informal probation
Informal probation is imposed in place of jail time and lasts for 12 to 24 months. Not everyone is eligible for misdemeanor probation. Eligible candidates must be first-time offenders, juvenile delinquents, or low-risk nonviolent offenders who pose no danger to community safety and are less likely to flee town without completing their probationary term.
Sometimes, you could qualify for misdemeanor probation even with a criminal record. The judge assesses the case’s facts and the mitigating circumstances presented by your attorney. Therefore, even if you are found guilty, it is possible to avoid jail incarceration with the help of an experienced defense attorney.
If the dark in your possession is unlawful in California or your victim suffered substantial injuries or death, you will face felony charges. Upon conviction, you will face:
- Sixteen, twenty-four, or thirty-six months of prison incarceration
- At most $10,000 in court fines
- Formal or felony probation lasting 36 to 60 months
Whether it is a misdemeanor or felony conviction, the collateral consequences on your criminal record will be devastating. A guilty verdict for a felony can result in the loss of firearm ownership rights. Additionally, finding employment or housing when you have been convicted of a weapon-related crime is challenging. If you are an alien, a conviction for an aggravated felony amounts to a crime of moral turpitude, triggering a removal proceeding.
Therefore, whenever you face a PEN 21310 violation charge, you should take the charges seriously, as the consequences of a guilty verdict are life-changing. You should start by hiring a seasoned concealed carry attorney who will analyze your case, review the prosecutor’s evidence, and develop solid defenses to challenge the state’s accusations.
Legal Defenses for Carrying a Concealed Dagger
Criminal cases have the highest evidentiary standard. The prosecutor must prove all the elements of the crime beyond a reasonable doubt. Building solid defense strategies with the help of a competent attorney will make it difficult for the prosecutor to secure a guilty verdict. The legal defenses you can apply, contingent on your case’s facts, include:
The Implement or Instrument was not a Dagger
PEN 21310 has a broad but strict definition of “dagger” or “dirk.” The prosecutor bears the burden of showing that the implement on your person qualifies as a dagger. Therefore, it could be an effective defense strategy to argue that the instrument the police allege is a dagger is not one, or does not meet the legal definition. You can argue that the knife was a saw, a sword, a buttering knife, a non-locking Swiss army knife, or a folding knife with a locked blade shorter than two inches.
The Dagger was Not Substantially Concealed
PEN 21310 requires the prosecutor to show the weapon was substantially concealed. So, if you carried the dirk openly, you are not guilty even if the knife meets the legal definition of a dagger pursuant to PEN 16470. Your attorney can argue that you carried the weapon in a sheath and you wore it openly, hanging from your waistband in plain view. If the weapon was visible to the public, it was not concealed, and your actions do not violate concealed carry laws.
Words alone will not be sufficient to overturn the prosecutor’s evidence. Your defense attorney will require witness testimony or physical evidence, such as CCTV footage of the moments leading to the arrest.
You were Unaware of the Dagger’s Presence
The law requires the prosecutor to prove you knew you had the weapon on your person. The prosecutor depends on circumstantial evidence to prove this element because it is difficult to find physical evidence that portrays your state of mind when you carried the weapon. So, you can counter the charges by arguing you lacked knowledge of the dirk’s presence. You can argue, for instance, that you borrowed a friend’s jacket on your way home after it started raining, and so, you were not aware the weapon was on your person. If you can disprove the knowledge element, the court will drop the charges.
The Instrument or Knife Lacked Ready-use Capabilities
For an instrument to qualify as a dagger or dirk, it must possess ready-use capabilities. So, if your weapon cannot be readily used, if your implement is dull, broken, or wrapped and requires assembling or effort to open the blade, then it is not readily usable, meaning it is not a dagger. If the instrument does not fall in the category of a dirk, you are not guilty.
For instance, Amir carries a device that can be disassembled to reveal a blade at least two inches long. The blade can then be reassembled onto the device, which has a 4.1-inch handle. Assembling the device into a knife with a blade usable as a stabbing weapon takes almost a minute, indicating the implement lacks ready-to-use capabilities. Even if the police allege that the device is a dagger and arrest Amir, the court will drop the charges because the device does not meet the definition of a dirk or dagger under PEN 16470.
The Police Conducted an Unlawful Search and Seizure
The Fourth Amendment of the US Constitution protects you from illegal searches and seizures. If the police lacked probable cause to make the initial stop, detain you, or search, the arrest will be deemed unlawful, and any subsequent evidence will be inadmissible in court.
You can argue that the arresting officer racially profiled you, leading to the stop. Additionally, you can claim the police had no search warrant when they searched you for the weapon.
In these circumstances, your attorney will file a motion to suppress evidence. All the evidence, including the concealed weapon, will be dismissed from the case, leaving the prosecutor with weak or insufficient evidence to secure a conviction. As a result, they could be willing to offer a favorable plea deal in exchange for dropping the charges. Alternatively, the court can dismiss the case for insufficient evidence.
Your attorney can apply several defense strategies. However, they cannot use a lack of intent to commit a crime as a defense. Additionally, the attorney cannot argue that you carried the weapon for self-defense purposes, as the focus of the concealed carry statutes is not the intent but the concealment of a dangerous weapon that could threaten public safety.
The defense strategy your attorney will adopt depends on the unique circumstances of your case. Therefore, it is crucial to hire an attorney immediately after arrest or learning of an impending arrest to review the case’s facts and find the most suitable defenses.
Other Illegal Knives
PEN 21310 applies to the concealment of all knives or implements that are classified as dirks or daggers, lawful or unlawful. However, there are weapons that California statutes criminalize. Possession, sale, or production of these knives can attract criminal charges under various knife statutes. These include:
- Air gauge knives—criminalized under PEN 20310
- Belt buckle knives prohibited pursuant to PEN 20410
- PEN 20510 cane swords
- PEN 20610 lipstick case knives
- PEN 20910 writing penknives
- PEN 20810 undetectable knives
An arrest for concealing these illegal knives is a felony under PEN 21310.
Find a Seasoned Concealed Carry Defense Attorney Near Me
A PEN 21310 violation is a strict liability crime, which makes carrying a concealed weapon alone, even without intent to use it, a crime. So, a simple misunderstanding with law enforcement can result in an arrest and criminal charges. Even a wrongful conviction can attract life-altering consequences. So, you require immediate legal guidance and assistance.
At Leah Legal, we understand how a guilty verdict can adversely impact your life, which is why we are here to defend you and your freedom. Call us today at 818-484-1100 to schedule a no-obligation consultation in Van Nuys.
