OTF Knives Explained
Both OTF and folding knives stay closed when not in use. Open them, and you’ve got a knife that’s ready to slice its way through just about anything. What separates two of the most popular knife types — until you push a button or don’t — is that one has to fold, while the other extends out to greet your hand. As the name implies, an OTF is a knife whose blade emerges and retracts from inside the handle. (OTF is short for "out the front".) Press a trigger, and the blade flies into action. Work the trigger again, and the blade disappears out of view. The typical pocketknife is nothing like an OTF. Pocketknives may be quite handy, but they’re relatively "dumb" and slow. If all you need is something with which to slice or puncture a loose thread, you extract your knife, fold it open and proceed to work — that is, if you don’t do things backwards and accidentally stab yourself in the leg. An OTF knife, however, is perfect if you want a smooth, controlled motion that involves minimal effort on your part . Simply activate a button, a coil spring shoots out the knife blade, and your newest tool appears. Push the button again, and the coil pushes the blade right back into the handle. As you might imagine, though, the inherent beauty of an OTF knife — that quick mix of mechanical and manual — is one of the major reasons why they’re so beloved. They’re also compact and lightweight, as they don’t require dedicated snap openings for the blade. Some people love OTF knives because they have the classic look of a switchblade. Push a button, and the blade appears, all to the awe and amazement of those fortunate enough to witness the display. It’s like a magician’s trick, except it’s real, and you can keep it in your pocket. OTF knives are popular with recreationalists as well as seasoned users, and for good reason. They’re easy to use, exceeding most folding knives in overall function and appeal. That’s why OTF knives are a favorite among collecting enthusiasts, and the design has been a military favorite for generations.
Overview of California Knife Laws
California does not issue gun or knife permits, so one simply has to abide by the law and be a good citizen. The following is a summary of the legal landscape regarding knives in California.
To begin with, California does not have a "deadly weapon" prohibition. There is a completely separate definition for "dirk and dagger," which is defined in California Penal Code section 21110 as, "any knife or other instrument with or without a handguard that is capable of ready deployment and that may inflict substantial injury or death."
A dirk or dagger includes every knife that "fits the description above, but excludes folding knives or folding dirks or folding daggers with a blade that is folded into the handle. (In other words, if you open your knife to use it, it’s not illegal in and of itself, as long as doesn’t fit the definition of "dirk and dagger").
Penalties for a dirk or dagger depend on whether it was carried openly or concealed. Openly carrying a dirk or dagger, usually by wearing an open sheath sheath knife or belt buckle knife can be punished by up to 30 days in jail and/or a fine of $400 under Penal Code section 21310. Concealed carrying of a dirk or dagger is a felony punishable by 2, 3 or 4 years imprisonment.
Penal Code section 12020 provides as follows: "Any person who goes armed with a dirk or dagger upon the person or in any vehicle or concealment for the purpose of seeking unlawful gains shall be punished by imprisonment in the state prison or county jail for one year, and by a fine of five hundred dollars ($500), or both."
Knives that have a blade of length over either 2" or 3", depending on municipality, can be considered a "dangerous weapon" pursuant to Penal Code section 417. Penalties for these weapons depend on whether they are "dirks and daggers" or not. It also depends on the context in which the knife is being carried or displayed (i.e., where, when, and with what other actions).
Carry any knife "concealed upon a person" and it can be a felony or a misdemeanor subject to a fine of $1000 and/or imprisonment in the county jail for 6 months.
If you come across a person carrying or brandishing a dirk or dagger in public, you can make a citizens arrest and charge them. The illegal carrying and brandishing of a dirk or dagger is a felony or a misdemeanor, depending on the circumstances. If you engage in citizens arrest, you are taking over the role of police and will be required to explain your actions to the authorities. Many people believe that they can watch and do nothing. They cannot. Witnessing a crime is the same as committing a crime. With respect to dangerous weapons, California Penal Code section 32 imposes a duty upon citizen witnesses to prevent violations in many cases. In addition, witnesses’ obligations to intervene kick in under Penal Code section 849.5 in cases involving a "threat to public peace," and under section 151 – with respect to "crimes, public offenses, and quasi-crimes." In addition, the citizen witness may be rewarded financially.
Are OTF Knives Legal in California?
California has long been a state with very stringent rules regarding the possession, carrying or sale of knives. In particular with automatically deploying knives (typically referred to as switchblades or automatic knives) California Penal Code (PC) § 21510 does specifically mention what type of knives are indeed illegal for possession, sale or both. This statute further indicates that this particular ban only applies to switchblades that have a blade that exceeds 2" inches in length.
However, while the statute does not specifically mention "OTF" (out the front) knives, the general legal definition of an automatic knife would indeed include an OTF.
But wait, there’s more.
One of the most common types of OTF knives, the "automatic OTF knife" or "Tac knife", is actually banned under California Penal Code (PC) § 20200 for possession and sale. Oh, but did I mention that the Devil is in the details and those details can make a significant difference. For example, one detail that makes this specific ban applicable only to "manufacturing", is that the automatic OTF must be in working condition.
In other words, if you happened to have an OTF that was not working properly (i.e., any of the springs, blades or casing from the knife has broken) and therefore requires some type of repair, you could sell this knife legally. However, if all of these components are intact and the knife is deemed to be "in working order", then it will no longer be legal.
Moreover, a recent California Court of Appeal opinion, in People v. Edson (2014) 223 Cal.App.4th 492, the court did overturn the trial court conviction of possession of an OTF knife that was defective or malfunctioning. The defense was successful in garnering a defense verdict because the prosecution could not offer any particular law that dictated the defense to begin with, therefore making the OTF knife "defective".
In addition, California Penal Code § 16590 also provides a general ban on certain knives that includes those listed under (PC) § 20200 for manufacture, sell, offer for sale, expose for sale, use as a weapon, or as a spring blade, belt buckle knife, or disguised knife. However, this statute states that such prohibited items apply only if such item cannot be and is not used to fold or retract into a sheath, belt clip, or wallet if carried in that manner, which indicates that some prohibited items, almost certainly OTF knives in California, could be legal even in a concealed fashion, as long as they are folded or retracted into the sheath, belt clip or wallet.
Finally, California Penal Code § 240 requires a "threat to commit an act of violence against another person" in situations where knives are prohibited (i.e., brandishing, possessing a deadly weapon with intent to resist arrest or threatening a witness or victim with a knife), and this punishment may be elevated to a felony if a knife is used "during the commission of a felony or attempted felony", unless the firearm used is an altered, replica or toy pistol.
And yes, just to be clear, illegal police activity, such as a stop without reasonable suspicion or probable cause where a weapon is discovered, also falls under the defenses available should the prosecution bring charges upon you for such possession, however, let’s be clear, reasonable doubt triumphs only when there is reasonable doubt and if the evidence is weak, defense strategies can be successful.
However, while the ban on certain OTF knives is very specific, the general purpose guns, air guns and knives statutes of California are extremely broad and definitely cover most every weaponry situation, might it be carrying, concealed carry, open carry, use, threaten with, presenting, brandishing, discharging, concealing, brandishing, using and pointing, etc.
Whether you find yourself being charged with possession of an OTF or other knife or weapon, there are numerous valid defenses available, especially for the possession of OTF Tac knives. Be sure to contact the Law Office of Daniel M. Murphy to discuss your defense in greater detail.
Exceptions and Special Cases
Although the overwhelming majority of OTF knives are illegal in California, it is important to understand that there are numerous exceptions. At the very least, the analysis should begin with a comparison between the definitions of manufacturers, wholesalers, retailers, and dealers (see California Penal Code sections 16250-16270). A wholesale, manufacturer, or dealer license issued pursuant to those sections may offer some protection.
However, in practice, exceptions to the general illegality include a common law stabbing knife, an ordinary knife, or a switchblade used by a power supplier or energy professional trying to locate dangerous problems with gas and electric utility services in your community.
We all have an understanding of what might constitute an ordinary knife. We can also likely imagine a common knife. The difficulty arises in understanding what a switchblade knife is, to say nothing of a switchblade knife that carries a spring release in the form of a button. There are numerous forms of spring assisted knives on the market, and the evidence of how and when the knives spring into action is often contested.
Generally, we can define a switchblade knife as a type of folding knife that features an automatic opening mechanism. The mechanism is typically engaged by a sliding button on the handle of the knife, which unlocks the blade and flicks the blade to automatically open it. California Penal Code section 21510 dictates that switchblade knives that have a blade three or more inches long are illegal to manufacture, import, sell, give, transport, and offer for sale.
Recent Developments
After years of uncertainty, the California Supreme Court in August confirmed just how far California’s OTF knives stand from legality. In People v. Poblete, the court ruled that OTF knives are illegal under California law. The court also concluded that other types of blades – including "conversion" knives and knives with blades spring-activated from within the hilt – are legal in California. The court ruled that such knives are not "dirks" under the law , and therefore not illegal. As a result of this decision, there is now great inconsistency across California in the legality of knives.
The good news for the many California knife owners and knife enthusiasts who have sprung up across the state in recent years is that OTF knives are permitted for out-of-state transit as well as importation by out-of-state residents. A blatant attempt by prosecutors to create new law through selective enforcement has been thwarted.
Obeying California Knife Laws
Practical Advice for Complying with California Knife Laws
To remain within the law, California residents should take care to be mindful of their knife possession and carry practices. The following are practical tips for the use and carry of knives in the state:
Maintain all knives as tools, and not as weapons. Unless otherwise specified within the exception, the possession of any one-handed or two-handed knife necessitates that you be carrying the knife as a "tool," and not as a "weapon." With this in mind, it is good practice to avoid any actions that could suggest that a knife is being carried as a weapon. For example, avoid any displays of force toward another person while holding your knife in plain view.
Prudent choices that make this distinction clear are to keep the knife sheathed when not in use, and to remove and re-sheathe the knife after each use. This is particularly important when in the presence of a crowd, as the fact that your knife is sheathed will support the argument that you are using the knife as a tool, and not as a weapon.
It is also wise to avoid situations that may prompt others to misperceive your knife as a weapon. Such situations may include, among others, busy public venues such as amusement parks, grocery stores, etc.; similar venues where others may be drinking alcohol; or even on the street or in the workplace if handled aggressively or too frequently.
Keep knives out of view for transport. California’s law concerning the concealed carry of most knives is an outright prohibition on the display of blades on the body, even if the legal exemption applies. To avoid running afoul of this restriction, it is best to keep any non-compliant knives in a conveniently located bag or backpack when transporting in public, and to avoid removing the knife from its storage place until arriving at your destination.
Avoid interstate transportation of OTF knives. Across the country, many states – California included – have prohibitions on the transportation across state lines of knives that are not legal to possess, but which are otherwise legal to carry. As OTF knives have a patterned history in non-compliant states such as California, be sure to confirm the lawful possession of a knife prior to transportation, and take care that the knife is properly concealed in the event that travel takes out of state.
Purchase and obtain knives only from reputable sources. Although lawfully compliant knives will present fewer issues than otherwise non-compliant knives, the most prudent method for ensuring the lawfulness of a knife is to buy only from a licensed seller. For convenience, and as a check on the lawfulness of knives, you can consult Blade-Tech’s online search tool, or Cal-Dojo’s online listings.
Penalties for Violating the Law
It is a harsh reality to be found guilty of violating California gun laws. If you violate the laws regarding OTF knives (which is almost certain when carrying or possessing OTF knives), you will be in real trouble. Knives are considered to be lethal weapons. This means a violation is subject to strict judicial process and severe punishment.
First Offense: In case the violator has never been accused or found guilty of offending nor has any past criminal backgrounds, the fine will be up to $1000 without jail time.
Second Offense: If the violator does not improve their behavior , the fine will be up to $2000. Jail timing is up to six months.
Third Offense: If the violator fails to learn from their mistakes, they may be charged a fine of up to $3,000 in addition to 6 months behind bars.
Fourth Offense: The violator will be charged with second-degree felony for a violation that resulted in a fine of up to $10,000 plus 16 months to three years in state prison.
The punishment will be more severe if the violator is a minor. The fine will be up to $250 and up to 1 year of their time in a juvenile detention center.