Despite ongoing efforts across the United States to expand knife rights, California maintains strict regulations on certain types of concealed and deceptive knives. One such weapon is the air gauge knife, a rare but prohibited item under California law.
In this article, we’ll break down what an air gauge knife is, why it’s illegal, the penalties involved, and what defenses may be available if you’re facing charges related to one.
According to California Penal Code Section 16140, an air gauge knife is defined as:
"An instrument that appears to be an air gauge but has concealed within it a pointed blade."
In simpler terms, this is a deceptive weapon that:
These deceptive features make it especially dangerous, as it disguises a blade in an everyday-looking object. Because of this concealment, lawmakers have criminalized the possession, manufacture, and sale of it.
California takes weapon safety seriously. As such, California Penal Code Section 20310 criminalizes the manufacture, import, sale, gift, loan, or possession of air gauge knives.
Additionally, Section 16590 PC lists air gauge knives among other prohibited weapons, such as:
These weapons are deemed dangerous due to their hidden nature and potential for surprise attacks. The law aims to prevent such weapons from circulating in the public, reducing the risks of harm.
For a complete list of prohibited weapons under Section 16590, you can view the California Legislative Information website.
California Penal Code 20310 makes it illegal to:
Violation of these actions can lead to prosecution. Importantly, PC 20310 is classified as a "wobbler" offense, meaning the crime can be charged either as a misdemeanor or felony, depending on the situation and the defendant’s criminal history.
If you’re convicted of violating PC 20310, penalties can be severe.
The decision to pursue felony or misdemeanor charges often depends on factors such as prior criminal history, intent, and use of the weapon.
Facing charges related to an air gauge knife doesn't automatically mean a conviction. Several legal defenses may apply:
You cannot be charged under PC 20310 if the item in question doesn’t meet the legal definition provided in Section 16140. If the object does not resemble an air gauge or does not contain a hidden blade, the charge may be dropped.
Under California law, certain professionals, such as law enforcement officers, may be exempt from PC 20310. If you are a police officer or fall under another exemption category, you may be legally allowed to possess such tools for duty purposes.
Another common defense is a lack of knowledge. If you were unaware that the object you possessed was an air gauge knife or that it had a blade inside, your attorney may argue that you lacked the criminal intent required for conviction.
In rare circumstances, one might argue that possession was necessary due to a compelling reason, such as a self-defense emergency. This defense is difficult to prove but may apply in unique cases.
Weapons like air gauge knives are intentionally deceptive and potentially deadly. They can be easily smuggled or carried without detection, making them a concern for public safety. California’s strict weapons laws aim to prevent harm by controlling access to such disguised tools.
Understanding these laws helps ensure you don’t unintentionally violate them. If you collect knives or tools resembling weapons, it’s critical to verify whether they fall into any prohibited categories under state law.
If you’ve been charged with violating Penal Code 20310, you need experienced legal help. The consequences of a conviction could affect your freedom, finances, and future.
At KAASS Law, our skilled Glendale criminal defense attorneys are ready to help you understand your options and defend your case. We have extensive experience handling cases involving California weapons laws and can help craft a strong defense strategy.
📞 Contact us today at (310) 943-1171 for a free consultation or visit our Criminal Defense Practice Page for more information.
Air gauge knives may appear harmless, but under California law, they are treated as dangerous concealed weapons.
Whether you’re a knife collector, seller, or have unknowingly purchased a prohibited weapon, understanding these regulations is essential. When in doubt, consult with a qualified attorney to ensure compliance with California’s strict weapons laws.
Pursuant to Penal Code 20410 PC it is unlawful to:
Let’s examine the following scenario: Your friend gives his belt buckle knife to you in order to keep it in your house for 4 days. You are aware of what the instrument it is. Since, you knowingly agree to keep the belt buckle knife, this means that the item is in your possession and that you have control over it. Thus, authorities may charge you under Penal Code section 20410 PC.
California law prohibits weapons such as wallet guns, firearms mounted or enclosed in a case, lipstick case knives, knives in lipstick cases, and belt buckle knives. Under the above-mentioned section, a belt buckle knife is " a knife, which is an integral part of a belt buckle and consists of a blade with a length of at least two and one-half inches. Generally, the law allows certain people, such as law enforcement officers or antique dealers, to possess belt buckle knives.
Bump stocks laws are considered to be illegal both under federal law since March 2019 and under California law.
A bump stock is described as:
Thus, with the help of a bump stock, a shooter can shoot almost as fast as in case he uses an automatic firearm. Though it shall also be noted, that bump stocks do not convert semi-automatic guns into automatic ones.
The actions, which are considered illegal, are the following ones:
In order to understand the limitations of the law, it is essential to first understand what is an imitation or fake firearm. The imitation firearm is described to be a device, a toy gun, a replica of a firearm that is
Thus, this is a device that looks really similar to a real firearm and can make the person believe and fear its harm.
Penal Code 417.4 PC is the California makes it a crime for a person to: (1) draw or brandish an imitation firearm in a threatening manner; (2) such that it causes a person to fear bodily harm for himself or another person; and (3) it was reasonable to fear the harm. To convict a defendant for brandishing a weapon or firearm under Penal Code 517.4, the prosecutor must be able to establish the following:
The offense is a wobbler, meaning prosecutors can charge it as either a felony or a misdemeanor, depending on the case facts and the defendant's criminal history.
Penalties for a misdemeanor Penal Code 20410 conviction are:
Penalties for a felony Penal code 20410 conviction are:
If you or a loved one has been charged with violation of Penal Code section 20410 belt buckle knives, we invite you to contact KAASS LAW firm at (310) 943-1171 for a free consultation on your case and further assistance.
1. You Did Not Know You Were In Possession of a Buck Knife One of the most common defenses is lack of intent. For example, if the knife was built into a belt that was given to you and you were unaware of the presence of the blade. This could be grounds for dismissal of the charges. Under California law, intentional possession of a prohibited object is a required element of the crime. Thus, lack of knowledge of the nature of the object may be an effective line of defense. 2. You Are an Exception to the Law Certain categories of citizens, such as:
May not be covered by this article. It is important to provide proof of your membership in one of these categories if you wish to use it as a defense. 3. Item Does Not Meet the Definition of a Switchblade Knife In order for an item to qualify as a switchblade, it must be part of a belt buckle and contain a blade that is at least two and a half inches in length. If the blade is shorter or the design is not integrated with the buckle, then the item does not meet the legal definition. The defense may be based on a technical examination of the article and its failure to meet the statutory definition.
1. California Penal Code 21510 PC - Throwing Knife (Switchblade) This statute prohibits:
Knives that open automatically by pressing a button or lever. Like a buckle knife, an ejector knife is considered a concealed and potentially dangerous weapon. A violation can also be classified as a misdemeanor with a penalty of up to one year in jail. 2. California Penal Code 20200 PC - Open Carry Exceptions Certain knives are permitted as long as they are carried openly, in a sheath on a belt. However, this rule excludes belt sheath knives, since the law defines them as concealed. 3. Legal Consequences of a Conviction under Article 20410 PC In addition to jail time and fines, a conviction under Article 20410 may have other legal and social consequences. Courts may consider your criminal record in future cases. A criminal record can also affect:
It is important to discuss all possible consequences with an experienced attorney.
If you have been charged with a violation of California Penal Code 20410 PC, we strongly recommend that you consult with a qualified attorney. Contact KAASS LAW at (310) 943-1171 for a free consultation and analysis of your case. Our offices are located in Glendale and Los Angeles. We speak English, Russian, Armenian, Spanish, and French.
There are a handful of people and or entities whom are legally allowed to possess a bump stock. The people and or entities whom are entitled to legally possess a bump stock include the following:
It is to be noted that those listed above must have a permit in order to have the right to possess bump stocks.
The offense is a wobbler offense, thus, depending on the facts and criminal history of the defendant, it can be charged either as a felony or a misdemeanor.
The penalties for a Penal Code 32900 misdemeanor conviction include imprisonment in a county jail for a term of up to one year.
The penalties for a Penal Code 32900 felony conviction include imprisonment in a county jail for 18 months to three years.
Since March 2019, bump stocks are considered to be a type of machine gun and are also illegal under Federal Law. Bump stock owners need to destroy them or transfer them to law enforcement agencies. Possessing a bump stock can lead to the following penalties under federal law:
There are some common defenses for Penal Code section 32900, which are possible to use in order to avoid penalties. Examples of such are:
If you or a loved one has been charged with Penal Code 16930 we invite you to contact our Los Angeles criminal defense attorney today at (310) 943-1171 for a free consolation and case review. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.
Among the existence of the above mentioned elements, the prosecutor shall also prove that the person who draws an imitation firearm, does not act in self-defense or does not try to defend another person.
The penalties for brandishing an Imitation firearm in California misdemeanor offense. The penalties for a Penal code 417.4 conviction include:
Having a conviction of brandishing a replica/imitation firearm can also affect your career by causing non-pass of the background check in order to receive professional licenses such as a license to practice for such jobs as nurses, doctors, lawyers, teachers, etc. The conviction can also have negative effects on immigration cases and lead to denial of neutralization and, even, to deportation.
A possible defense for a Penal Code section 417.4 PC offense include the following:
Related offense to Penal Code section 417.4 PC offense include:
These are only several examples of defenses. However, it is better to apply to professional attorneys who will assist you to create the right defense technique for your individual case.
KAASS professional team is ready to give you a consultation and further assistance on your case. If you or someone you know have been charged with brandishing a weapon or firearm, it is critical that you consult with a Los Angeles Criminal Defense Attorney For more information about brandishing a weapon or firearm and schedule your free consultation, contact Los Angeles Criminal Defense Attorney at Kaass Law at (310) 943-1171. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.
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