California Penal Code 21310 – Carrying A Concealed Dirk or Dagger

Carrying a concealed dagger or dirk is a crime with significant legal penalties. This misunderstood crime can lead to jail time, substantial fines, and a lasting criminal record. The legal definition of a dagger or dirk can be broad and open to different interpretations, often leading to people facing criminal charges without knowing their actions were unlawful.

Having a skilled San Diego lawyer by your side is important if you are charged with carrying a concealed dagger or dirk. At the Law Offices of Anna R. Yum, we work with you to build a strong defense to protect your rights and work to secure a favorable legal outcome.

What is the Definition of a “Dirk or Dagger” Under California Law PC 16470

According to Penal Code 16470, a dagger or dirk is a knife or tool that can easily be used to stab and could result in serious bodily harm or death. It includes more than just the regular dagger and covers all kinds of tools made or modified for stabbing. The critical factor is what the object can do and design, not just its standard classification. A dagger with a crossguard and double-edged blade is included, but the law can also apply to other instruments.

Items that would be considered dirks or daggers include:

• Stilettos
• Fixed-blade knives used in combat and
• Trench knives

Their design is pointed, which makes them useful for stabbing and often aiming at a person.

Regular kitchen knives are often not considered stabbing devices because they are mainly used for chopping or slicing. Similarly, folding knives with a blunt tip or made mostly for utility tasks are rarely considered dirks or daggers. Even so, the “readily stabbing” aspect means that if a folding knife has a pointed tip that suggests it is mainly designed for stabbing, the courts could deem it a dirk or dagger.

Being “capable of ready use” stresses that the object was designed to be quickly used for stabbing. Simply having an intent does not directly determine the object’s definition, but can impact how it is viewed in court. A court can decide if the knife has a balanced blade, a pointed tip, or any design that helps with a thrusting attack.

Simply having a longer blade does not always make a weapon more dangerous. A shorter one can be effective for stabbing attacks if designed well. Its ability to be used for stabbing right after deployment and locking is more important than whether the knife is fixed-blade or folding.

The Legal Definition of Concealed

In California, an object is concealed if it is not openly visible upon ordinary observation. The legal standard is not about complete invisibility. Instead, it focuses on whether a reasonable person, paying regular attention, could detect the weapon. Therefore, even partial visibility can still be considered concealment if the dagger or dirk is not easily recognizable. This standard ensures you cannot carry weapons in ways that might endanger people unexpectedly.

Some instances of concealing include keeping the dirk or dagger:

• In your pocket
• Tucked into your waist
• Inside a boot
• In a purse, a backpack, or
• In a part of a vehicle, you or your passengers can access

It matters that the weapon is concealed and not in plain sight. For example, a knife inside a zippered backpack pocket is concealed, but a knife attached to your belt and in plain view usually would not be. However, it is important to point out that having a dagger or dirk out in the open, as long as it is contained in a sheath on your waist, is not illegal under PC 20200. The difference primarily concerns other weapons that can be openly carried.

Courts often argue about what “substantial concealment” means, as it happens when a weapon is hidden from sight but its true nature is still obscured. For instance, if only a part of the handle is visible and not the blade, which would confirm it as a weapon, it might still be considered a concealed weapon. Courts usually decide this by considering what a reasonable person would perceive.

Case law regularly states that the term “concealed” only applies if the weapon’s presence and design are easily recognizable. For example, in People v. Lilienthal (1978), the court decided that a weapon is concealed if it is “not visible by ordinary observation.” The idea is that the law covers cases where a weapon is concealed enough to pose a surprise threat to the victim, even if there are accidental or minor exposures.

What Prosecutors Must Prove

PC 21310 is the foundation for the law against carrying a concealed dagger or dirk. The statute makes keeping a dagger or dirk hidden on your person illegal. The prosecution must prove each element of the offense beyond a reasonable doubt. The evidence should be so convincing that no reasonable person could doubt you are guilty. If the prosecution cannot prove these elements, you should be acquitted of the charge.

The prosecution must prove the following:

1. Carrying a DAgger or Dirk On Your Person

The prosecution must first establish that you had a dagger or dirk on you. The prosecution must show that the item meets the legal requirements for a dagger or dirk as described in Penal Code 16470, which could be used easily to stab someone.

On your person refers to any location on your body or within your reach at the time, for example, in a pocket or a bag. The prosecution must show that the item was a dagger or dirk and that you were physically carrying it.

2. Knowledge of Carrying the Instrument

The prosecution must also show that you knew you were carrying the weapon. This is an essential part of the mental state. You do not have to know the legal meaning of a dagger or dirk, but you must have realized you were carrying one.

If a knife is placed in your bag without you knowing, you may not have this knowledge, which could help you secure an acquittal. The possession must be a conscious act.

3. Substantial Concealment of the Dirk or Dagger

It should also be clear that you substantially hid the dagger or dirk so it was not readily visible.

As we have seen, substantially concealed refers to the weapon not visible through ordinary observation. The prosecution has to provide evidence on how you carried the weapon, which made it hard for a casual observer to see and conclude that it was a dagger or dirk.

This element shows that a legal open carry for a knife, not considered a dagger or dirk, differs from an illegal concealed carry.

4. Knowledge of the Instrument’s Character as a Stabbing Weapon

The prosecution must also demonstrate that you were aware the instrument could be used as a stabbing weapon or that you knew it was a weapon. This element focuses on your subjective awareness of the object’s potential.

It is not sufficient that the object is a dagger or dirk. The prosecution must prove that you understood it could be used to stab. This can be drawn from:

• The object’s inherent design, for example, a stiletto
• Your actions or statements

Penalties and Consequences of Carrying a Concealed Dirk or Dagger

PC 21310 makes it illegal to carry a concealed dagger or dirk, and this violation is considered a “wobbler” crime. This designation matters because it allows the prosecution to choose whether to charge the crime as a felony or misdemeanor based on various factors. This flexibility enables the justice system to select the best punishment for each case, and your history of prior crimes is a significant factor.

If you are charged with a misdemeanor, the potential penalties include:

• A sentence of up to one year in a county jail
• A fine of up to $1,000
• The possibility of being placed on summary (informal) probation, as an alternative to jail

Even though a misdemeanor conviction is not as grave as a felony, it results in a criminal record that can have lasting consequences.

However, if the prosecution charges the offense as a felony, the outcome is much more serious. If convicted, you could face the following penalties:

• 16 months, two years, or three years in state prison
• Fines may be as high as $10,000.
• Potential for formal (felony) probation instead of prison

Your previous criminal record (including violent or weapon convictions), the case details, like using the weapon, and the type of weapon are often why prosecutors file felony charges for this offense.

Other than spending time in prison and paying fines, being convicted under PC 21310, especially if it is a felony, often leads to serious additional consequences, namely:

• You will no longer be able to own or possess firearms
• Persons who are not citizens of the United States could face adverse immigration consequences, like deportation or being denied reentry
• If you have a criminal record, finding employment or securing a job that requires background checks or special licenses can be much harder
• You may also find it harder to secure or keep professional licenses in healthcare, law, or real estate
• Background checks by landlords may make it tougher to find housing

Common Legal Strategies You Can Use to Challenge the Charges

Defenses against charges for having a concealed dagger or dirk usually involve proving that the prosecution cannot meet the burden of proving the four required elements beyond a reasonable doubt. A good defense attorney will review the facts of your case to find any flaws in the prosecution’s case, aiming to create reasonable doubt in the judge’s or jury’s minds.

The common defenses are:

1. The Item Was Not a Dirk or Dagger

It is common to argue that the weapon is not a dagger or dirk. Your attorney will argue that, although the object found on you is a knife, it does not fit the legal definition of a dagger or dirk. Your attorney could argue that the knife is mainly a tool, like a blunt-tipped folding knife, rather than a weapon meant for stabbing, or that it does not have the typical features of a stabbing weapon.

For example, if your multi-tool had a small non-locking blade, your attorney would prove it does not fit the definition of a dagger or dirk.

2. You Did Not Conceal the Weapon

Under this defense strategy, your attorney will argue that the dagger or dirk was noticeable and not substantially concealed. For example, if the knife was hanging on your belt where anyone could see it, your lawyer would claim it was not hidden, as the league standard requires.

3. Lack of Knowledge of Possession

You could claim that you had no idea you were carrying a dagger or dirk. This could be because someone hid it in your bag or you genuinely forgot it was there. This defense strategy argues that you did not knowingly have the dagger or dirk needed to meet the requirement that you “knew you were carrying it.”

4. Lack of Knowledge of Weapon’s Character

You could also argue that you did not realize the weapon’s nature since you did not know it could act as a stabbing weapon. This rule is applied when the object does not look like a weapon but can be used for violence, like a modified tool. Your attorney could argue that you did not realize the knife could be used to stab someone, even though it could be used that way.

5. Illegal Search and Seizure

Other than defenses that target the prosecution’s ability to prove every part of the crime, your attorney could use those that address procedural and factual matters, like Illegal search and seizure.

The Fourth Amendment of the U.S. Constitution prevents the government from performing unreasonable searches or seizures. If the police had no legal reason to search and found the dagger or dirk, your attorney could file a motion to suppress the evidence. In this motion, your attorney will argue that the evidence was not obtained lawfully and should not be allowed in the trial.

If the judge grants this motion, the evidence of the dagger or dirk would not be allowed at the trial. This often means the prosecution cannot meet the burden of proof, and the case becomes hard for the prosecution to win. As a result, your charges may be dropped, or you may receive a more favourable plea deal.

6. False Accusation or Mistaken Identity

Defense could arise when you are falsely accused or are mistaken for the offender.

As the name suggests, a false accusation defense applies when circumstances or actions by another individual are responsible for the false accusation of having a concealed dagger or dirk. This means the evidence used against you was manufactured, manipulated, or presented inaccurately.

For example, someone else could have put the dagger or dirk near you or with your items without telling you, or perhaps someone lied to the police to make it appear like you had a dagger. Your attorney will argue that you did not know the item was there or understand it was a weapon, and so you did not have the required mental state to be responsible for your actions.

Alternatively, the mistaken identity defense will assert that police or witnesses identified you, but you were not the individual carrying a concealed dagger or dirk. This defense looks into how reliable the witness statements are and the identification steps, raising the possibility that someone else could be the offender. When there is insufficient lighting, brief encounters with the suspect, there is stress, or you look somewhat like the suspect, it can lead to mistaken identity.

7. Possession for a Limited Time to Dispose of The Dirk or Dagger

There is also a narrow defense, the momentary or transitory possession for disposal, which you can use in rare circumstances. This defense argues that you only briefly had the dagger or dirk to dispose of it and never intended to “carry” it in the typical sense.

To use this defense, you should have clear evidence that you intended to dispose of the evidence. This includes:

• Your testimony explaining your intent and witness testimony to corroborate your explanation
• The location where the weapon was discovered, for example, in a trash can
• The condition of the dagger or dirk, that is, it being damaged or broken
• Lack of concealment suggests that you abandoned it rather than intentionally hiding it
• Your actions before finding the weapon, for example, picking it up to throw it away
• Anything you said or did on camera or to the police can be useful

A lack of other incriminating evidence, like more weapons or criminal activity, helps your argument.

This defense strategy directly challenges the prosecution’s claim of criminal intent.

Circumstances When Carrying a Dirk or Dagger is Permissible

California law has a stringent rule against carrying dirks and daggers, which shows how broadly the general prohibition is applied. Carrying a weapon without it being visible is illegal according to Section 21310. However, according to Section 20200, open carry is allowed if the weapon is in a sheath fastened to the waist. So, unlike many other knives, the law does not allow for an “open carry” exception for dirks or daggers. The goal of the law is to almost always stop the public from carrying these weapons.

Due to the strict laws, truly legal reasons to carry a dagger or dirk are rare and interpreted narrowly. Carrying a dagger or dirk in a public area for self-defense is not a legal excuse since it falls into the list of prohibited items. Many people mistakenly believe there are broad exemptions for self-defense. However, the law emphasizes public safety more than letting individuals carry concealed weapons for self-defense.

While the law is strict, there are only certain, limited cases where you may not be convicted for possession. However, these are not exceptions, just cases where one aspect of the crime is missing. For example, you are less likely to be charged if you are on your property and the weapon is not exposed where it could harm the public. Even so, this does not automatically allow you to conceal carry the dagger or dirk on private property if you plan to use it outside.

The law’s primary purpose is to keep these harmful stabbing instruments from being so easy to access.

Carrying a Concealed Dirk or Dagger

Depending on what happens, a charge for having a concealed dagger or dirk under PC 21310 might also be related to other serious weapons offenses in the state.

• You might also be charged with brandishing a weapon if you brandished the concealed dagger or dirk threateningly. This is an offense under PC 417
• If you use a weapon to assault someone, even if you caused no injury, the charge might be upgraded to assault with a deadly weapon (ADW), a felony offense under PC 245(a)(1)

Besides the main charge, you could also be charged separately for having a switchblade in contravention of PC 21510 or an undetectable knife, an offense under PC 17290, since these are illegal types of knives.

If it is discovered that the offense is gang-related, the judge could add further penalties, which can lead to much longer prison sentences. Because statutes are linked, a single situation can result in several overlapping legal issues for you.

Find a Criminal Defense Attorney Near Me

Carrying a concealed dagger or dirk in San Diego is a serious crime, and the consequences can be much more severe than just having to pay a fine. What defines a concealed weapon is open to interpretation. People could hide them in different ways, and proving guilt is thus difficult for prosecutors. If found guilty, you could face serious outcomes, including jail time, felony convictions, having your gun rights taken away, and problems for your future.

If you or someone close to you is charged with these crimes, hire a criminal defense attorney to fight the allegations. Contact us, the Law Offices of Anna R. Yum, at 619-493-3461 for a case assessment.