1. Definition and Elements of the Crime
People carrying concealed weapons pose a significant danger to the public at large. As a result, it is illegal to carry a concealed dirk or dagger pursuant to California Penal Code Section 21310 PC.
In order to prove a defendant is guilty of carrying a concealed dirk or dagger, the prosecutor must be able to establish the following elements:
- The defendant carried on his or her person a dirk or dagger
- The defendant knew that he or she was carrying it
- The dirk or dagger was substantially concealed on the defendant’s person
- AND the defendant knew that it could readily be used as a stabbing weapon.
A dirk or dagger is 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. Most pocketknives and folding knives are not considered to be dirks or daggers unless the blade of the knife is exposed and locked into position.
A knife carried in a sheath and worn openly on the wearer’s waist is not considered to be concealed. It is not necessary that the defendant intended to use the dirk or dagger as a weapon in order to be criminally liable for carrying a concealed dirk or dagger under California Penal Code Section 21310 PC.
2. Related Offenses
Similar offenses include the following:
- Manufacturing, Selling or Possessing Dangerous Weapons - California Penal Code Section 16590 PC
- Carrying a Switchblade - California Penal Code Section 21510 PC
- Brandishing a Weapon – California Penal Code Section 417 PC
- Assault with a Deadly Weapon – California Penal Code Section 245(a)(1) PC
3. Examples
A line cook at a restaurant finishes his shift and has a few drinks with his coworkers before driving home. The cook has a paring knife that he takes home with him and carries in his jacket pocket because he lives in a dangerous area and likes having extra protection. The cook is stopped at a DUI checkpoint on the way home and is ultimately arrested for driving under the influence of alcohol. During a search incident to arrest, the police find the paring knife in his jacket, which the cook was wearing at the time of arrest. In addition to the DUI charge, the cook could be charged with carrying a concealed dirk or dagger. The fact that he did not intend to use the knife as a weapon would not be relevant, as long as he knowingly kept it concealed on his person. If the chef had kept the knife on the front seat of his car, or in the trunk, he would not be guilty of this offense.
In another example, a man keeps a folding knife in his pocket, in the folded position. This man would not be criminally liable for carrying a concealed dirk or dagger because folding knives do not fall under the definition of what is a dirk or dagger.
4. Defenses to Carrying a Concealed Dirk or Dagger
If the knife was not concealed, if it was worn in a sheath on the defendant’s waist, or if the knife does not fall under the definition of what a dirk or dagger is, a defendant would not be guilty of this offense.
Additionally, if the dirk or dagger is discovered as part of an illegal search, the defendant may be able to argue that law enforcement lacked sufficient probable cause to conduct the search. In these cases, the dirk or dagger could be suppressed in court and could not be used as evidence against the defendant.
5. Penalties
Carrying a concealed dirk or dagger is a “wobbler” offense that can be charged as a felony or misdemeanor, depending on the circ*mstances surrounding the crime and the defendant’s criminal history. If charged as a misdemeanor, the defendant could be sentenced to up to a year in jail. If charged as a felony, the defendant can be sent to prison for up to three years.
6. Criminal Defense for Carrying a Concealed Dirk or Dagger
If you have been charged with carrying a concealed dirk or dagger, it is important that you meet with a Los Angeles Criminal Defense Attorney immediately. Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience. Mr. Kraut is highly skilled at defending those charged with weapons offenses and works hard to ensure his clients’ rights are fully protected.
For more information about carrying a concealed dirk or dagger, and to schedule your free consultation, contact Los Angeles Criminal Defense Lawyer Michael Kraut at the located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.
FAQs
Penal Code § 21310 PC makes it a crime to carry a concealed dirk or dagger, which is a knife capable of ready use as a stabbing weapon that may inflict great bodily injury or death. This can be a misdemeanor or a felony, and is punishable by up to 3 years in jail or prison.
What is PC 21310 carrying a concealed dirk or dagger? ›
California defines carrying concealed dirk or dagger under Penal Code 21310. This law states it's a crime to carry a concealed long-thrusting knife that is capable of causing great bodily injury or death if it's used to stab another person.
What is considered a dirk or dagger in California? ›
To be a dirk or dagger, the knife or other instrument must be capable of inflicting “great bodily injury.” California law defines this as a significant or substantial physical injury. It has to be greater than a minor injury or some other moderate harm. 4. It does not matter how long the blade is.
What is a dirk and dagger charge? ›
Carrying a concealed dirk or dagger is a “wobbler” offense that can be charged as a felony or misdemeanor, depending on the circ*mstances surrounding the crime and the defendant's criminal history. If charged as a misdemeanor, the defendant could be sentenced to up to a year in jail.
Is it legal to open carry a dirk or dagger? ›
It is not illegal to carry dirks and daggers as long as they are carried openly. Although they may not be carried in a briefcase, purse, or other container, they may be carried openly in a sheath worn on the waist.
What is a dagger vs dirk? ›
In the United States, the dirk was introduced by Scottish immigrants in the 1700s. This was originally a single-edged weapon, but by 1745 more commonly had a double-edged blade making the dirk more or less synonymous with the dagger. Dirks were often made from old sword blades.
Can a PC 21310 be dismissed? ›
You can legally carry a dirk or dagger in a sheath worn openly, suspended from your waist. Common PC 21310 defenses are that your knife was not a dirk or dagger, that you carried it openly, or that the police found it through an illegal search.
Can I carry a dagger in my car in California? ›
California Penal Code § 21310 which provides that it is unlawful to carry any dirk or dagger concealed is the primary statewide restriction applicable to knives. While this may seem to be only a modest limitation, the definition – § 16470. Dirk defined; dagger defined – is overbroad to the extreme.
Can you open carry a dagger in California? ›
Kitchen knives, ice picks, and other sharp objects are included in this category. Under California law, a “dagger” is a knife that can be readily used as a stabbing weapon. Daggers and other sheath knives must be carried openly and cannot be concealed in the state of California.
What defines a dirk? ›
A dirk is a knife that was traditionally carried by Scottish Highland soldiers. A dirk is known as a thrusting or stabbing dagger. Though it's not common to hear the word dirk these days, the weapon was frequently carried by naval officers during the sixteenth and seventeenth centuries.
The difference between a knife and a dagger is that from side on, daggers are always symmetrical, and both sharp edges always go down to a point. So a dagger is a form of knife, and knife can be called a dagger, if it has the right characteristics.
What does a dirk knife look like? ›
The Scottish Dirk is characterised by a small barrel shaped grip with a stylised version of the bollock daggers' balls and a brass cap and impact plate and a long blade. The pommel cap is perforated with a heart motif; again a classic detail of the time.
Is a PC concealed dirk or dagger in California? ›
Carrying a concealed dirk or dagger is covered under California Penal Code Sections 21310 and 16470. In basic terms, it's a crime to carry or possess a concealed straight knife that can be used to stab and cause serious injury to another person.
What does a dagger do? ›
A dagger in the modern sense is a weapon designed for close-proximity combat or self-defense; due to its use in historic weapon assemblages, it has associations with assassination and murders. Double-edged knives, however, play different sorts of roles in different social contexts.
Is a switchblade knife? ›
A switchblade (also known as switch knife, automatic knife, pushbutton knife, ejector knife, flick knife, gravity knife, flick blade, or spring knife) is a pocketknife with a sliding or pivoting blade contained in the handle which is extended automatically by a spring when a button, lever, or switch on the handle or ...
What is classified as a dagger? ›
A dagger is a short killing weapon designed to stab only. It is double edged, tapered to a sharp point, with a straight edge and usually a blood line groove to facilitate removal.
Is a fixed blade knife a dirk? ›
The circ*mstances of possession are factors that a jury is instructed to consider. Any fixed blade knife can be a “dirk or dagger” under California law and should be carried openly in a sheath suspended from the waist.
