Penal Code 21310 makes it a crime to carry concealed upon your person a dirk or dagger — a knife capable of ready use as a stabbing weapon.
It is a wobbler (up to a year as a misdemeanor), and cases often turn on whether the object even qualifies.
What PC 21310 Says
PC 21310 prohibits carrying concealed upon the person a dirk or dagger. Under California law a dirk or dagger is a knife or instrument capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A folding knife generally qualifies only when it is carried in the open, locked position.
Felony or Misdemeanor?
PC 21310 is a wobbler, punishable as a misdemeanor (up to one year in county jail) or as a felony. Most cases without aggravating facts are charged as misdemeanors.
Defenses
- Not a dirk or dagger. A closed folding knife, a utility tool, or an object not capable of ready use as a stabbing weapon falls outside the statute.
- Not concealed. A knife carried openly is not covered.
- No knowledge. You must have known you were carrying the object concealed.
- Unlawful search. A bad stop or search can be challenged under PC 1538.5. judicial diversion (PC 1001.95) may also resolve an eligible case.
Frequently Asked Questions
What counts as a dirk or dagger under PC 21310?
A dirk or dagger is a knife or instrument capable of ready use as a stabbing weapon that may cause great bodily injury or death. A folding knife generally qualifies only when it is carried in the open and locked position — a closed folding knife usually does not.
Is PC 21310 a felony or a misdemeanor?
It is a wobbler, punishable as a misdemeanor (up to one year in county jail) or as a felony. Most cases without aggravating facts are charged as misdemeanors.
What are the defenses to a concealed-dirk-or-dagger charge?
That the object is not a dirk or dagger (a closed folding knife or a utility tool), that it was not concealed, that you did not know you were carrying it concealed, or that it was found through an unlawful search.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com