California Penal Code §21110 — Ballistic Knife
PC §21110 makes it a straight felony to manufacture, import, keep for sale, offer for sale, give, lend, or possess any ballistic knife in California. Punishable by 16 months, 2, or 3 years in county jail under PC §1170(h). PC §16220 defines 'ballistic knife' as a device that propels a knife-like blade as a projectile by means of a coil spring, elastic material, or compressed gas. California's ban parallels federal 15 USC §1245, which prohibits interstate manufacture, sale, and possession.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Ballistic Knife Cases in All LA County Courts
01 — Quick Facts
PC §21110 — Ballistic Knife at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §21110 — Ballistic Knife |
| Code Type | Penal Code (PC) |
| Classification | Straight Felony |
| Penalty | 16 months, 2, or 3 years county jail (§1170(h)) |
| Definition | PC §16220 — device propelling blade as projectile by spring/elastic/gas |
| Prohibited Weapons Catalog | PC §16590 (generally prohibited weapons) |
| Federal Parallel | 15 USC §1245 (Federal Ballistic Knife Prohibition Act) |
| Related Statutes | PC §21510 (switchblade), §20410 (belt buckle knife) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §21110?
What Is California Penal Code §21110?
PC §21110 Reads:
"Any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any ballistic knife is punishable by imprisonment pursuant to subdivision (h) of Section 1170."
— California Penal Code §21110 (paraphrased)
PC §21110 is California's ballistic knife statute — one of the most severe knife offenses in the state. Because a ballistic knife launches its blade as a projectile with lethal velocity, California treats it as a straight felony (unlike most §16590-catalog knives, which are wobblers). The federal government reached the same conclusion in 1986 with the Federal Ballistic Knife Prohibition Act, 15 USC §1245, which prohibits interstate manufacture, sale, importation, and possession.
§16220 Definition — Blade Propelled as Projectile
PC §16220 defines 'ballistic knife' as a device that propels a knife-like blade as a projectile by means of a coil spring, elastic material, or compressed gas. Three propulsion mechanisms — spring, elastic, gas. A folding knife with a spring-assisted opening (where the blade opens but remains attached to the handle) is NOT a ballistic knife — the blade must actually separate and be propelled as a projectile.
PC §21110 — Ballistic Knife
Blade propelled as projectile by spring/elastic/gas. Straight felony 16m/2/3.
PC §21510 — Switchblade
Blade opens automatically but remains attached to handle. Misdemeanor (blade ≥2″) or legal (blade <2″).
Why Blade-Separation Drives §21110 Defense
The dispositive question in §21110 defense is whether the blade actually separates and is propelled as a projectile. Spring-assisted openers, automatic knives (switchblades), and gravity knives all keep the blade attached to the handle — these are §21510 or §16590 offenses, not §21110. Rubin Law, P.C. defends by challenging device classification and pursuing wobbler-adjacent charges as plea targets.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §21110
The prosecution must prove each of the following beyond a reasonable doubt.
Defendant Engaged in Prohibited Conduct
Manufacture, importation, sale, offer for sale, gift, loan, or possession.
The Device Is a Ballistic Knife Under §16220
Device propelling a knife-like blade as a projectile by coil spring, elastic material, or compressed gas.
Defendant Knew the Device's Character
In re Jorge M. mens-rea standard — defendant knew or had reason to know the device was a ballistic knife.
04 — Penalties
Penalties for PC §21110 Ballistic Knife in California
§21110 is a straight felony — no misdemeanor option — with §1170(h) county-jail sentencing.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §21110 Base Offense | PC §21110 | 16 months, 2, or 3 years county jail | Available | No |
| Federal Parallel | 15 USC §1245 | Up to 5 years federal | Rare | N/A |
| Concurrent §626.10 (School Grounds) | PC §626.10 | Up to 3 years — weapon on school grounds | Available | No |
| Gang Enhancement | PC §186.22(b) | Adds 2, 3, or 4 years | Rare | Yes |
| Assault Use | PC §245(a)(1) | Up to 4 years — if used offensively | Rare | Yes |
Enhancements That Increase §21110 Exposure
Federal Referral
15 USC §1245
USAO pickup possible under Federal Ballistic Knife Prohibition Act — up to 5 years federal.
Gang Predicate
PC §186.22(b)
Adds 2-4 years and converts to strike.
Concurrent Assault
PC §245
Ballistic knife used offensively supports felony assault filing with strike exposure.
Multiple Devices
PC §21110
Inventory of ballistic knives supports separate counts and consecutive sentencing.
Sensitive-Location Enhancement
PC §626.10 / §171b
Ballistic knife at school or courthouse adds separate wobbler exposure.
Beyond the Sentence
- Device forfeiture — no return
- PC §29800 lifetime firearm prohibition on felony conviction
- Federal 18 USC §922(g)(1) lifetime firearm prohibition on felony conviction
- Immigration deportability under 8 USC §1227(a)(2)(C) — case-specific aggravated felony analysis
- Federal §1245 prosecution risk if interstate movement involved
- Employment / professional licensing consequences
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §21110 Ballistic Knife Charges
§21110 defenses focus on device classification, mens rea, and constitutional challenges.
Not a Ballistic Knife
Device is a spring-assisted opener, switchblade, or gravity knife — blade remains attached to handle. §16220 propulsion element fails. Expert-witness examination.
PC §16220
Inert Display Item
Device lacks functional propulsion mechanism — spring removed, gas cartridge exhausted, or elastic material missing. Not capable of blade propulsion.
PC §16220
In re Jorge M. Mens Rea
Item purchased as collector or decorative; defendant unaware of propulsion mechanism; borrowed item with no knowledge.
In re Jorge M.
Constructive-Possession Defense
Shared home, third-party storage, no knowledge of the item. People v. Sifuentes.
People v. Sifuentes
Fourth Amendment Suppression
Warrantless search, overbroad warrant, Rodriguez prolongation. PC §1538.5 motion.
PC §1538.5
Plea to Lesser Offense
Negotiate to §21510 (switchblade) misdemeanor or §16590-catalog wobbler where facts support. Avoid felony conviction.
PC §21510
§17(b) Not Available — Straight Felony
§21110 is straight felony — §17(b) reduction not available. Reduction must come through plea negotiation to a wobbler-eligible offense.
PC §1170(h)
Constitutional Sources
07 — Court Process
How PC §21110 Ballistic Knife Cases Move Through Los Angeles Courts
§21110 cases follow the felony track with device-classification litigation.
- 1
Step 1 — Search & Seizure
Cases arise from Terry stops, probation searches, parole compliance sweeps, and federal customs interception at USPS / border.
- 2
Step 2 — Device Examination
LAPD SID / LASD firearms unit function-tests the device, confirms blade-projectile propulsion, and prepares expert-witness report.
- 3
Step 3 — Federal Coordination
USAO / ATF may pick up under 15 USC §1245 if interstate movement present — federal referral drives filing strategy.
- 4
Step 4 — Filing Decision
DA reviews §21110 (blade separates as projectile) vs. §21510 (switchblade — blade attached). Classification is dispositive.
- 5
Step 5 — Motion Practice
PC §1538.5 suppression, §995 dismissal on classification failure, expert-witness challenges to function-test.
- 6
Step 6 — Resolution
Classification-defense dismissal, plea to lesser wobbler-eligible offense, probation plea, or trial.
Los Angeles Courts That Handle PC §21110 Ballistic Knife Cases
§21110 cases are prosecuted at LA County felony calendars.
Clara Shortridge Foltz Criminal Justice Center
Central LA weapons felony calendar.
Van Nuys Courthouse
SFV felony weapons cases.
Long Beach Courthouse
South Bay felony weapons cases.
Compton Courthouse
South LA weapons calendar.
United States District Court, Central District of California
Federal 15 USC §1245 prosecutions.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Ballistic Knife Defense Attorney
Daniel S. Rubin has defended clients charged with ballistic knife 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 §21110 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Ballistic Knife Cases Throughout LA County
09 — FAQs
PC §21110 Ballistic Knife Questions — Los Angeles
Are ballistic knives illegal in California?
Yes — a straight felony. PC §21110 makes it a felony to manufacture, import, sell, offer for sale, give, lend, or possess a ballistic knife. Punishable by 16 months, 2, or 3 years in county jail under PC §1170(h). California's ban parallels the federal Ballistic Knife Prohibition Act, 15 USC §1245.
What is the legal definition of a ballistic knife?
PC §16220 defines 'ballistic knife' as a device that propels a knife-like blade as a projectile by means of a coil spring, elastic material, or compressed gas. The key element is that the blade separates from the handle and is propelled as a projectile — not merely opens.
Is a spring-assisted knife a ballistic knife?
No. Spring-assisted knives, switchblades, and automatic knives keep the blade attached to the handle when opened. These are §21510 (switchblade) offenses, not §21110. The blade must actually separate and be propelled to satisfy §21110.
Can PC §21110 be reduced to a misdemeanor?
§21110 is a straight felony — PC §17(b) reduction is NOT available. Reduction must come through plea negotiation to a lesser offense such as §21510 (switchblade misdemeanor) or a §16590-catalog wobbler where facts support.
Is there a federal ballistic knife prosecution risk?
Yes. 15 USC §1245 (Federal Ballistic Knife Prohibition Act, 1986) prohibits interstate manufacture, sale, importation, and possession — up to 5 years federal exposure. If USPS / carrier shipping is involved, USAO pickup is possible.
What if the ballistic knife is inert or non-functional?
Inert / non-functional devices are outside §16220 if the propulsion mechanism (spring, elastic, or gas) is missing or non-functional. Defense expert-witness examination critical. A display piece with removed spring or exhausted gas cartridge is not §21110.
What are the immigration consequences of a §21110 conviction?
A felony §21110 conviction may qualify as an aggravated felony under 8 USC §1101(a)(43) — case-specific analysis. Firearm-offense inadmissibility under §1227(a)(2)(C) is limited to firearms and does not automatically extend to knives, but a felony conviction generally supports deportability.
Can I own a collector or antique ballistic knife?
PC §21110 does not exempt antique or collector items. Museum and licensed-dealer exemptions under narrow §16590-catalog provisions may apply. For collector items, safest options are (1) surrender to law enforcement, (2) transfer to a licensed dealer outside California, or (3) confirm eligibility for a specific exemption before acquisition.
Available 24/7 — Free Consultation
Charged Under PC §21110 Ballistic Knife?
Straight felony — no §17(b) reduction available. Classification defense, plea negotiation to §21510, and federal-referral analysis drive these cases. Call Rubin Law, P.C. — free consult (213) 723-2337.