CA PC 21310: Carrying a Concealed Dirk or Dagger

California Penal Code 21310 makes it a crime to carry a concealed dirk or dagger on your person. It is a wobbler, which means prosecutors can charge it as a misdemeanor punishable by up to one year in county jail or as a felony punishable by 16 months, two years, or three years in county jail, along with a fine of up to $10,000 and a lifetime federal ban on possessing firearms.¹

What Qualifies as a Dirk or Dagger

The statutory definition is broader than most people realize. Under Penal Code 16470, a dirk or dagger is any knife or instrument, with or without a handguard, that is capable of ready use as a stabbing weapon and could inflict great bodily injury or death.² Traditional double-edged blades qualify, but so do kitchen knives, fixed-blade hunting knives, ice picks, and even sturdy improvised tools if they can be used immediately for stabbing.

The controlling phrase is “capable of ready use.” An item that would need assembly or significant alteration before it could function as a stabbing weapon falls outside the definition.³

The Folding Knife Rule

Folding knives and pocketknives are treated differently. A nonlocking folding knife or pocketknife only counts as a dirk or dagger if the blade is exposed and locked into position.² Carrying a folding knife with the blade closed is not a violation of PC 21310, even if the knife is fully hidden in your pocket.

What the Prosecution Must Prove

A conviction requires four elements, and if any one fails, the charge fails:

You carried a dirk or dagger on your person, which includes items in a bag or backpack you were wearing or carrying.
You knew you were carrying it.
The item was substantially concealed from ordinary observation.
You knew the item could be readily used as a stabbing weapon capable of inflicting great bodily injury or death.

The prosecution does not have to prove you intended to use the weapon or planned any unlawful act. The offense is about how you carried the item, not why.³

What Concealment Means and How to Carry Legally

An item is concealed when it is substantially hidden from the ordinary observation of people around you. It does not have to be invisible. A knife in your waistband, in a pocket, or inside a bag counts. If someone walking past would not notice it, that is enough.

Penal Code 20200 provides the clearest legal alternative: a knife carried in a sheath worn openly and suspended from the waist is not concealed under PC 21310.⁴ The sheath has to hang from your waist in plain view. Clipping a knife to a backpack strap or slipping it into a boot with the handle showing does not satisfy the rule. A visible belt sheath is the safest way to carry a fixed-blade knife in California.

Penalties Under PC 21310

Because PC 21310 is a wobbler, the charging decision usually turns on the circumstances of the arrest and the person’s criminal history.¹

Misdemeanor

A misdemeanor conviction carries up to one year in county jail and a fine of up to $1,000. Courts often impose probation instead of jail for first-time offenders when the facts are not aggravating. A misdemeanor conviction does not trigger the federal firearm ban.

Felony

A felony conviction is punishable by 16 months, two years, or three years in county jail.⁵ The fine ceiling rises to $10,000. Under current sentencing rules, courts default to the middle term of two years unless aggravating or mitigating factors justify otherwise. The sentence is served in county jail because PC 21310 is not classified as a serious or violent felony.

Lifetime Federal Firearm Ban

A felony conviction under PC 21310 triggers a lifetime federal prohibition on possessing firearms or ammunition. Under 18 U.S.C. § 922(g)(1), anyone convicted of a crime punishable by more than one year of imprisonment is barred from possessing a firearm.⁶ Because felony PC 21310 carries up to three years, it clears that threshold. A violation of the federal ban is itself a separate federal felony. This makes the misdemeanor-versus-felony charging decision consequential; a misdemeanor conviction avoids the ban entirely.

Common Defenses

The four required elements each open a defense.

The Item Is Not a Dirk or Dagger

If the object does not meet the statutory definition, there is no crime. A nonlocking folding knife with the blade closed is the clearest example.² The same applies to items that require assembly or multiple steps before they could function as a stabbing weapon.

Lack of Knowledge

The prosecution must prove you knew you were carrying the item and knew it could be used as a stabbing weapon. If someone else placed a knife in your bag without your knowledge, or if you did not realize the object you were carrying had stabbing capability, the knowledge element fails. This defense comes up most often with borrowed bags, shared vehicles, and items left behind by others.

The Item Was Not Concealed

A knife carried openly in a sheath suspended from the waist is legal under PC 20200.⁴ Where the knife was visible and the arrest rested on a misunderstanding, this defense applies directly. Many cases turn on the line between substantial concealment and partial visibility.

Unlawful Search

A concealed weapon is by definition hidden, so police typically discover it during a pat-down, vehicle search, or bag search. If that search violated the Fourth Amendment, the evidence can be suppressed. Without the weapon, the case usually collapses.

Exemptions

PC 21310 references the exemptions beginning at Penal Code 17700.¹ The most commonly used cover:

On-duty peace officers and members of the armed forces carrying as part of official duties.
People engaged in lawful hunting, fishing, or camping who carry knives associated with those activities.
Performers and crew using bladed props in theatrical or film productions.

These exemptions are narrow. Carrying a hunting knife concealed while walking through a city because you went camping over the weekend does not qualify. The exemption generally applies only during the activity itself and while traveling directly to and from it.

Immigration Consequences for Non-Citizens

A felony weapons conviction can trigger deportation proceedings and create obstacles to adjusting status or obtaining a green card. Even a misdemeanor conviction can cause problems if the offense is treated as a crime involving moral turpitude, which can make a person inadmissible. Non-citizens charged under PC 21310 should consult an immigration attorney alongside criminal defense counsel before accepting any plea.

1
California Legislative Information. California Penal Code 21310
2
California Legislative Information. California Penal Code 16470
3
Justia. California Criminal Jury Instructions – CALCRIM No. 2501 Carrying Concealed Explosive or Dirk or Dagger
4
California Legislative Information. California Penal Code 20200
5
California Legislative Information. California Penal Code 1170(h)
6
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts