California Penal Code §21310 — Carrying Concealed Dirk or Dagger
PC §21310 makes it a wobbler to carry concealed upon the person any dirk or dagger. Misdemeanor exposure up to 1 year county jail; felony exposure of 16 months, 2, or 3 years under PC §1170(h). PC §16470 defines 'dirk or dagger' as a 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. Under People v. Rubalcava (2000) 23 Cal.4th 322, §21310 is a general-intent crime — no intent to use as a weapon required.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Carrying Concealed Dirk or Dagger Cases in All LA County Courts
01 — Quick Facts
PC §21310 — Carrying Concealed Dirk or Dagger at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §21310 — Carrying a Concealed Dirk or Dagger |
| Code Type | Penal Code (PC) |
| Classification | Wobbler (misdemeanor or felony) |
| Misdemeanor Penalty | Up to 1 year county jail |
| Felony Penalty | 16 months, 2, or 3 years county jail (§1170(h)) |
| Definition | PC §16470 — instrument capable of ready use as stabbing weapon capable of GBI or death |
| Mens Rea Standard | General intent — People v. Rubalcava (2000) 23 Cal.4th 322 |
| Folding Knife Rule | Folding knife must be LOCKED IN OPEN position to be concealed dirk/dagger |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §21310?
What Is California Penal Code §21310?
PC §21310 Reads:
"Any person in this state who carries concealed upon the person any dirk or dagger is punishable by imprisonment in a county jail not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170."
— California Penal Code §21310 (paraphrased)
PC §21310 is California's core concealed-knife statute — the most frequently charged knife offense in the state. It targets carrying any 'dirk or dagger' concealed on the person, defined broadly under PC §16470 as any instrument capable of ready use as a stabbing weapon that can inflict great bodily injury or death. The California Supreme Court in People v. Rubalcava (2000) 23 Cal.4th 322 held §21310 is a general-intent crime: the prosecution need not prove intent to use the instrument as a weapon, only knowing concealment.
§16470 Definition — Capable of Ready Stabbing Use
PC §16470 defines 'dirk or dagger' broadly: 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. Critically, §16470 provides that a NON-LOCKING folding knife, a folding knife that is not prohibited by §21510 (switchblade), and a pocketknife are 'capable of ready use as a stabbing weapon' ONLY IF the blade is exposed and locked into position. This is the 'closed vs. locked-open' rule that dominates §21310 defense.
Closed / Non-Locked Folding Knife
NOT a dirk or dagger under §16470. Legal to carry concealed.
Locked-Open Folding Knife or Fixed Blade
IS a dirk or dagger. Concealed carry = §21310 wobbler.
Why the Locked-Open Rule Drives §21310 Defense
The §16470 closed-vs.-locked-open rule is the single most important defense principle in §21310 cases. A folding pocketknife carried closed in a pocket is NOT a dirk or dagger — it is legal to carry concealed regardless of blade length. Only when the folding knife is locked in the open position (or is a fixed blade) does §21310 apply. Rubin Law, P.C. defends by challenging concealment, blade-position, and mens rea under In re Jorge M.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §21310
The prosecution must prove each of the following beyond a reasonable doubt.
The Instrument Is a Dirk or Dagger Under §16470
Fixed-blade knife, or a folding knife LOCKED in the open position, capable of ready use as a stabbing weapon that may inflict great bodily injury or death.
The Instrument Was Concealed on the Person
Substantially concealed from ordinary observation while on the person. People v. Hodges concealment analysis.
Defendant Knew the Instrument Was Concealed on the Person
General intent — knowing concealment. Rubalcava confirmed no intent to use as weapon required.
Defendant Knew the Instrument Was Capable of Stabbing
In re Jorge M. mens-rea gloss — defendant knew or had reason to know the instrument's stabbing capability.
04 — Penalties
Penalties for PC §21310 Carrying Concealed Dirk or Dagger in California
§21310 is a wobbler with distinct misdemeanor and felony tracks.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Misdemeanor §21310 | PC §21310 | Up to 1 year county jail | Standard | No |
| Felony §21310 (§1170(h)) | PC §21310 | 16 months, 2, or 3 years county jail | Available | No |
| Concurrent §626.10 (School Grounds) | PC §626.10 | Up to 3 years — weapon on school grounds | Available | No |
| Concurrent §171b (Courthouse) | PC §171b | Up to 3 years — weapon in courthouse | Available | No |
| Gang Enhancement | PC §186.22(b) | Adds 2, 3, or 4 years | Rare | Yes |
Enhancements That Increase §21310 Exposure
School Grounds
PC §626.10
Concealed dirk/dagger on school grounds — separate wobbler exposure up to 3 years.
Courthouse / Public Building
PC §171b / §171.5
Concealed dirk/dagger in courthouse or airport — separate wobbler / federal 49 USC §46505 exposure.
Gang Predicate
PC §186.22(b)
Adds 2-4 years and converts to strike.
Prior Convictions
PC §667.5(b)
Prior prison priors support enhanced sentencing on felony filing.
Assault Use
PC §245(a)(1)
Concealed dirk/dagger used offensively supports felony assault with strike exposure.
Beyond the Sentence
- Instrument forfeiture
- PC §29805 10-year firearm prohibition on misdemeanor conviction; §29800 lifetime prohibition on felony conviction
- Federal 18 USC §922(g) firearm prohibition on felony conviction
- Immigration consequences under 8 USC §1227(a)(2)(C) on felony weapons conviction — case-specific aggravated felony analysis
- Employment and background-check consequences
- TSA / travel disclosure consequences
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §21310 Carrying Concealed Dirk or Dagger Charges
§21310 defenses focus on the §16470 locked-open rule, concealment, and mens rea.
Folding Knife Was Closed
The §16470 closed-vs.-locked-open rule is the leading §21310 defense. A folding pocketknife carried closed in a pocket is NOT a dirk or dagger regardless of blade length. Photos, defendant testimony, and officer statements matter.
Not Concealed
Blade visible in open sheath, clipped externally with visible clip, or otherwise open to ordinary observation. People v. Hodges concealment analysis.
People v. Hodges
Not Capable of Stabbing
Instrument is a chisel, screwdriver, kitchen ladle, or similar tool lacking stabbing capability. Case-specific expert-witness examination.
In re Jorge M. Mens Rea
Item planted, borrowed jacket, mistaken tool, or item defendant did not know contained a concealed blade.
In re Jorge M.
Constructive-Possession Defense
Shared vehicle, third-party bag, no knowledge of item's presence. People v. Sifuentes.
People v. Sifuentes
Fourth Amendment Suppression
Warrantless search, Terry-stop overreach, Rodriguez prolongation, pretextual search. PC §1538.5 motion.
PC §1538.5
PC §17(b) Wobbler Reduction
Reduce felony filing to misdemeanor at preliminary hearing, sentencing, or post-probation. Common on first-offense §21310.
Constitutional Sources
07 — Court Process
How PC §21310 Carrying Concealed Dirk or Dagger Cases Move Through Los Angeles Courts
§21310 cases follow the wobbler track with heavy motion practice.
- 1
Step 1 — Police Encounter
Cases arise from Terry stops, traffic stops with pat-down, probation searches, and TSA / courthouse screening.
- 2
Step 2 — Instrument Examination
LAPD SID / LASD firearms unit inspects the instrument, documents blade position at seizure, and confirms §16470 elements.
- 3
Step 3 — Filing Decision
DA reviews misdemeanor vs. felony filing based on prior record, offense circumstances, and location (school / courthouse / airport).
- 4
Step 4 — Motion Practice
PC §1538.5 suppression, §995 dismissal on §16470 closed-blade defense, PC §17(b) wobbler reduction, In re Jorge M. mens-rea challenges.
- 5
Step 5 — Preliminary Hearing
Blade position, concealment, and mens rea are core litigation issues. Officer testimony on how blade appeared at seizure is critical.
- 6
Step 6 — Resolution
§16470 dismissal, §17(b) reduction, probation plea, diversion (rare on felony filing), or trial.
Los Angeles Courts That Handle PC §21310 Carrying Concealed Dirk or Dagger Cases
§21310 cases are prosecuted at LA County criminal courthouses.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Carrying Concealed Dirk or Dagger Defense Attorney
Daniel S. Rubin has defended clients charged with carrying concealed dirk or dagger and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §21310 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Carrying Concealed Dirk or Dagger Cases Throughout LA County
See our full Carrying Concealed Dirk or Dagger defense practice
09 — FAQs
PC §21310 Carrying Concealed Dirk or Dagger Questions — Los Angeles
Is it illegal to carry a folding pocketknife in California?
It depends on blade position. Under PC §16470, a folding knife is a 'dirk or dagger' ONLY when locked in the open position. A folding pocketknife carried CLOSED in a pocket is NOT a dirk or dagger regardless of blade length — legal to carry concealed. Once opened and locked, however, concealed carry becomes a §21310 wobbler.
What is the penalty for PC §21310?
PC §21310 is a wobbler. Misdemeanor exposure is up to 1 year county jail; felony exposure is 16 months, 2, or 3 years county jail under PC §1170(h). PC §17(b) reduction from felony to misdemeanor is available at preliminary hearing, sentencing, or after successful probation.
Does §21310 require intent to use the knife as a weapon?
No. People v. Rubalcava (2000) 23 Cal.4th 322 held §21310 is a general-intent crime. The prosecution need only prove knowing concealment of a dirk or dagger — no intent to use as a weapon required. Some mens-rea gloss under In re Jorge M. (knowledge of the instrument's stabbing capability) survives.
What counts as 'concealed' under §21310?
'Concealed' means substantially concealed from ordinary observation. Case law under People v. Hodges applies. A blade clipped to the outside of a pocket with the clip visible is generally NOT concealed. A blade in an interior pocket or sheath covered by clothing IS concealed.
Can I carry a fixed-blade knife openly in California?
Yes. §21310 applies only to CONCEALED carry. Open carry of a fixed-blade knife on the person (visible sheath on belt) is generally legal in California, subject to location-specific restrictions (schools, courthouses, airports, public buildings).
Can §21310 be reduced from a felony to a misdemeanor?
Yes. PC §17(b) reduction from felony to misdemeanor is available at the preliminary hearing, at sentencing, or after successful probation. §17(b) reduction is particularly common on first-offense §21310 cases without aggravating conduct.
What are the immigration consequences of a §21310 conviction?
A misdemeanor §21310 conviction is generally NOT a firearm offense under 8 USC §1227(a)(2)(C) — that provision addresses firearms specifically. A felony §21310 conviction may qualify as an aggravated felony under case-specific analysis. Non-citizen defendants should confirm status-specific consequences before plea.
What happens if I have a §21310 conviction and later apply for a job?
A §21310 conviction appears on criminal background checks. Misdemeanor convictions may be expunged under PC §1203.4 after successful completion of probation. Felony §21310 convictions reduced to misdemeanors under §17(b) become eligible for §1203.4 dismissal. Under Cal. Labor Code §432.7, employers face restrictions on considering expunged convictions.
Available 24/7 — Free Consultation
Charged Under PC §21310 Concealed Dirk or Dagger?
The §16470 closed-blade rule, Fourth Amendment suppression, and §17(b) wobbler reduction drive these cases. Call Rubin Law, P.C. — free consult (213) 723-2337.