California Sword Laws Explained
In California, the control and regulation of weapons is primarily covered in the penal code’s Section 16000 to Section 17250. In that lengthy body of regulations, "weapons" include most items that are commonly thought of as "swords" (both Western and Japanese). Below we’ve provided a short description of some of the more critical words, phrases, and regulations that you need to be aware of in order to understand the general scope of California’s weapon laws as they relate to swords.
Section 16220 defines "dirk" and "dagger" as "any knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death". This definition came into being as of January 1, 2011. Prior to that date, there was no definition for the term "dagger" elsewhere in the penal code.
Note that Section 171(b) does not limit its applicability to curved blades. Any type of sword that is concealed on the person can have an element of criminality associated with it if it exceeds the set weight limit .
Section 171b(a) provides that if any person "carries concealed upon the person any dirk, dagger, or other knife, except a folding knife with a blade no more than two and one-half inches in length, which may inflict great bodily injury or death" that person is committing a misdemeanor, punishable by up to six months in county jail and/or a fine of up to $1,000. If you are found to be carrying a "ballistic knife" (which is defined as one that is propelled by a spring-loaded mechanism, etc.) or a switchblade knife, that can be classified as a felony.
The only exceptions to the lists above are when knives are carried by a person "in the person’s residence, place of business, or on real property" that is under his or her control. Note that Section 16245 specifically exempts "knives carried within private automobiles" as long as the knives meet certain criteria: They cannot be used as a weapon against a fellow human being. Even knives that fall under an exemption can still be considered a weapon if they meet the test of being "generally recognized as suitable primarily for use as a weapon", such as "daggers, dirks, and stilettos". The important thing to keep in mind is that it is always a good idea to be cautious when thinking about carrying swords or other large, bladed weapons, especially in public places.
Are Katanas Legal Weapons?
Katanas are legal to own in California, but they must be legal to possess and legal to carry. Katanas are legal to have in your private home when the weapon is for decorative use or show purposes, or you possess a valid, defunct license or certificate to own one. SB 881 makes it illegal to carry a katana as it fits California Penal Code sections 26350 PC, 26405 PC, and 26100(b). But the law does not ban katanas. It just prohibits specific uses of them. Katanas can be carried openly but may not be carried concealed on your person. The California Legislature signed the Senate Bill SB 881 on July 16, 2016, to prohibit carrying a deadly weapon contained in a sheath suspended from the neck of the bearer. An exception applies to sightseers, tourists, or visitors carrying a blade or sword, such as a katana, to visit historical monuments, locations, landmarks, and theme parks. Summit Point Productions, LLC v. Nighthawk Security Prods., Inc. 2004 150 Cal.App.4th 23 (Cal. App. 1st Dist. 2004), states that while swords and katanas are not considered conventional weapons per se, they are categorized as deadly weapons under California Penal Code section 12020(c).
History and Cultural Values of the Katanas
Beyond their status as weapons, katanas hold significant cultural value, particularly in Japan. They are not only recognized as a traditional martial arts weapon but are also considered a symbol of the warrior class known as the samurai. The craftsmanship that went into making katanas historically is regarded as high art: elaborate forging and tempering techniques, intricate designs, and complex polishing methods all contributed to their revered status. The katana was not just an instrument of war but a cultural artifact embodying the values of skill, honor, and tradition within Japanese society.
This cultural heritage can influence the legal status of katanas in different jurisdictions. In places where there is a strong emphasis on the historical and artistic significance of such weapons, lawmakers may account for this when drafting legislation. For example, they may distinguish between practical, decorative, or ceremonial uses, or they may establish exemptions for certain categories, such as military or law enforcement use.
Moreover, in the United States, katanas have found a place in popular culture through the proliferation of films, anime, and video games featuring samurai themes. Their portrayal as powerful and exotic weapons has sparked interest in their manufacture and use among the general public. However, this same popularity has led to a rise in accidents, incidents, and confrontations involving katanas, giving legislators and law enforcement more reason to place restrictions on them. As a result, the legal status of katanas in California may be understood as reflecting both their historical cultural significance and their modern popularity.
Katana Permits and Restrictions
Owning a katana in California does not require any sort of permit, license, or registration. You do not need a state-issued permit to possess a katana in California like you do for firearms, nor do you need such a permit to keep a katana inside of your home when you’re not carrying it. However, there is one very important place where you cannot take a katana even if you are the legal owner: on an airline flight. The Transportation Security Administration (TSA) does not permit katana (or any type of sword) on a commercial flight. If you attempt to do so, you could be subject to a fine of up to $7,500. It’s recommended that you prevent this possible fine by placing your katana in your checked luggage.
California law does require a person to be 21 or older to openly carry a katana outside of their home or business, or while riding in a boat or motor vehicle. But, just as in the case of permits, there are no such age requirements for storing your katana in your home or carrying it in plain sight as long as you’re not on an aircraft.
The only other specific listed restriction on the ownership of a katana in California is a provision of the Youth Sports Equipment Rental Law stating that businesses who rent swords to minors under the age of 18 must keep written records with the name and address of each minor who rents a sword, and preserve these records for a period of one year.
Penalties for Illegal Katana Possession
The legal consequences for having an illegal katana in California can be severe, depending on the circumstances. If you are stopped by law enforcement and found to be in possession of a katana, you could potentially face serious consequences. These might include being arrested on the spot, booked, and brought before a judge. You may also be charged with an infraction or misdemeanor. If you have a sword that is broken or rusty, it’s important not to take any chances. The punishment for possession of a weapon is the same whether or not the sword is strictly functional, so there’s no advantage to attempting to "fool" police officers into believing you have a functional katana. If you have an extremely rusted or broken katana, you may not be charged with violating the laws regarding carry or possession , but you could still be charged with wrongful disposal of property, if you intend to discard it in a public place. Some other consequences include fines, losing your license to carry weapons, and in some cases, it might be enough to get you in trouble with your employer, especially if you’re in the military. Your security clearance could also be negatively affected if you are caught carrying a katana. You could even face federal criminal charges if the police officers decide to charge you with a federal offense. This won’t always happen, but it is a possibility. In some cases, a court will choose not to charge you, and you might be released after a short stint in holding. However, there’s no guarantee of this — it’s always best to follow the law explicitly when it comes to swords and other weapons.
Katana Guidelines for Collectors and Enthusiasts
For those passionate about katanas and sword culture, there are several practical steps to take to ensure not only the legal status of a blade but also the appreciation it deserves:
First, you can locate a number of reputable specialists specializing in sword purchases, including those endorsed by the United States Japanese Sword Modernization Project, known as JSSUS, or other such organizations. This can save you from problems during the buying process and following your purchase.
Make sure to check out local organizations as well. The Los Angeles Japanese Sword Club and the Northern California Japanese Sword Club hold demonstrations, seminars, and exhibitions. These groups also provide potential buyers with the means to interact with sellers.
For California-based sword enthusiasts, the California Sword Society is a key association that promotes sword appreciation and safety. Check with them for opportunities to learn more about the world of Japanese swordsmanship.
Secondly, be sure to keep close documentation regarding provenance, or the history of the weapon’s ownership. Document whether you purchased your sword in California or elsewhere, whether it has been a part of a collection, its age, and if it has any historical significance. Records like this may help you later when you decide to consider selling the sword.
Finally, if you choose to go ahead and pursue the ownership of a katana, make sure to store your sword properly. High-value swords should be maintained with a variety of specialized protective equipment – these include non-corrosive oils, cloths, and scabbards specifically designed for keeping swords safe from damage over time.
For collectors and enthusiasts, the more you know about the particulars of California’s sword and blade laws, the better for you.
Related Cases and Precedents
Recent California precedents have expanded and contracted the definition of what constitutes a sword, as well as the types of blades that may be carried, especially in public spaces. Whether to use "sword," "katana" or a more general term such as "weapon" is sometimes a question of legal interpretation.
In People v. Longhurst (2000), Longhurst had been charged with violating California Penal Code section 12020(a)(1) [possession of a concealed dirk or dagger]. Although Penal Code section 12020(a)(1) specifically excepts "a ‘pen knife’ which includes a blade of two and one-half inches or less" from the definition of "dirk or dagger" and thus the penalties, the prosecution still charged Longhurst under PC section 12020(a)(4) [possession of a concealed dirk, dagger or "other deadly weapon"].
The facts of the case note that the "approximately six-inch long blade" of Longhurst’s knife was "a little less than an inch wide, and had a half-inch serrated edge on the back of the blade." Longhurst remained convicted under PC section 12020(a)(4).
In Practice Guide, Weapons Charges (CEB September 2013), Attorney Patrick Williams points out that the Penal Code was changed from 2001-2002 to 2003-2004 to "clarify the language used." The interpretation of the section has been one of "much litigation."
Weapons are anything "used, or is capable of causing, death or great bodily injury." (Pen. Code, § 16520.) Weapons covered by the section "include the knife sheathed in Longhurst’s belt, whether classified as a dirk or dagger but not depending on the length of its blade."
In re Ricardo P (1994) , the court found that the "combat fencing sword" fell under the definition of "weapon" in the Penal Code because the blade was a "lethal weapon" and "measured in excess of five and one-eighth inches in length[.]"
Because the trial court "compared the sword to dirks and daggers, and concluded that all three were ‘most definitely weapons,’" the court found that there was no abuse of discretion. Ricardo was thus found to have violated PC section 12020.
People v. Ortiz (2012) also involved the "wield[ing of] a sword in a threatening manner." As the decision states, a 9-inch blade sword was not found to have traveled a distance of at least a mile and a half from a home to a bus station in a bag where it was displayed as a flat item (not exposed as a weapon).
The appellate court also noted that because the trial court "rejected Ortiz’s defense that he was not present at the scene," the claim that he "brandished a sword outside Denny’s in North Hollywood" lacked "substantial evidentiary support."
In LaVere v. Frank (1972), the "City of Constitutional Rights and Freedoms," commonly known as San Francisco, passed Proposition Q: An Initiative to Prohibit Certain Weapons in Public Places, which made the "manufacturing, importing, possessing, selling, or offering, lending, furnishing, or buying . . . any assault weapon by any person in the City and County of San Francisco" criminal with certain exceptions.
Interestingly, then Mayor Dianne Feinstein supported Proposition Q (which voters approved 88.8% to 9.8%) and saw "no conflict between San Francisco’s strong gun control laws and the right to bear arms" guaranteed under the U.S. Constitution.