California Penal Code §626.10 — Weapons on School Grounds (Non-Firearm)
PC §626.10 makes it a wobbler to bring or possess an enumerated non-firearm weapon — dirk, dagger, ice pick, knife with a fixed blade over 2½ inches, folding knife with locking blade, razor with unguarded blade, taser, stun gun, BB device, or spot marker gun — on the grounds of any K-12 school, college, or university. Distinct from PC §626.9 (Gun-Free School Zone), which covers firearms.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Weapons on School Grounds (Non-Firearm) Cases in All LA County Courts
01 — Quick Facts
PC §626.10 — Weapons on School Grounds (Non-Firearm) at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §626.10 — Weapons on School Grounds |
| Code Type | Penal Code (PC) |
| Classification | Wobbler — misdemeanor or felony |
| Misdemeanor Term | Up to 1 year county jail |
| Felony Term | 16 months, 2, or 3 years county jail (§1170(h)) |
| vs §626.9 | §626.9 = firearms on school grounds; §626.10 = knives, stun guns, BB devices |
| Covered Weapons | Dirks, daggers, ice picks, fixed-blade knives >2.5", locking folding knives, razors, tasers, stun guns, BB devices |
| Covered Grounds | K-12 (§626.10(a)); community colleges and universities (§626.10(b)) |
| Educator Exception | None — staff and students both liable |
| Discovery | Backpack searches under New Jersey v. T.L.O. (1985) — lower threshold |
| Immigration | Not per se aggravated felony; CIMT analysis fact-specific |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §626.10?
What Is California Penal Code §626.10?
PC §626.10 Reads:
"Any person, except a duly appointed peace officer, a full-time paid peace officer of another state or federal agency, a person summoned by any officer to assist in making arrests or preserving the peace while that person is actually engaged in assisting the officer, a member of the military forces of this state or of the United States engaged in the performance of duty, or an authorized person, who brings or possesses any dirk, dagger, ice pick, knife having a blade longer than 2½ inches, folding knife with a blade that locks into place, razor with an unguarded blade, taser, or stun gun, any instrument that expels a metallic projectile such as a BB or a pellet, upon the grounds of any public or private school…"
— California Penal Code §626.10(a)(1)
§626.10 is California's non-firearm 'weapons on campus' statute. It criminalizes the mere presence of any listed weapon on school grounds — no threat, no display, no intent to use required. Backpack searches by school administrators under the New Jersey v. T.L.O. reasonable-suspicion standard produce the vast majority of these cases.
K-12 vs. College — §626.10(a) vs (b)
§626.10(a) covers K-12 grounds and imposes the standard wobbler. §626.10(b) extends coverage to community colleges and universities but omits some of the covered weapons (e.g., locking folding knives) and applies the same wobbler penalty. The distinction between K-12 and college matters at every element and every defense.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §626.10
Under CALCRIM 2591, the prosecution must prove each element beyond a reasonable doubt.
Possession or Bringing
Defendant brought onto — or knowingly possessed while on — school grounds a listed weapon.
Weapon Was Listed in Statute
The item meets the specific listed definition — e.g., knife blade over 2½ inches or folding knife with locking blade.
On School Grounds
The location was public/private K-12 grounds under §626.10(a) or a college/university under §626.10(b).
Knowledge of Weapon
Defendant knew of the weapon's presence.
04 — Penalties
Penalties for PC §626.10 Weapons on School Grounds (Non-Firearm) in California
§626.10 is a wobbler. Filing turns on the weapon, defendant's status (student vs. non-student), and any threatening use.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Weapon on K-12 Grounds — Misdemeanor | PC §626.10(a) | Up to 1 year county jail; up to $1,000 fine | Available | No |
| Weapon on K-12 Grounds — Felony | PC §626.10(a) via §1170(h) | 16 months, 2, or 3 years county jail | Available | No |
| Weapon on College Grounds | PC §626.10(b) | Same wobbler — 1 yr county jail or 16m/2/3 (§1170(h)) | Available | No |
Sentencing Enhancements
Brandishing on Campus
PC §417.27
Brandishing the weapon in a threatening manner on school grounds triggers separate exposure.
Assault Enhancement
PC §245(a)(1)
If the weapon is used in an assault, the case elevates to §245 with strike consequences.
Prior Serious Felony
PC §667(a)
+5 years for prior serious felony where §626.10 is charged as a felony.
Additional Consequences Beyond Prison
- Automatic school expulsion under Ed. Code §48915 for K-12 students
- College conduct-code sanctions and academic dismissal
- Immigration risk on felony conviction
- 10-year firearm prohibition on misdemeanor; lifetime on felony (§29800/§29805)
- Automatic reporting to state licensing boards for professional students
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §626.10 Weapons on School Grounds (Non-Firearm) Charges
§626.10 defenses attack the weapon definition, knowledge, and search legality.
Item Not a Listed Weapon
Blade under 2½ inches, non-locking folder, or utility tool without listed characteristics defeats the element.
Definition
No Knowledge
Forgotten pocket knife from a weekend trip, borrowed backpack, or planted item defeats knowledge.
Mens Rea
Suppress the Search
School searches require reasonable suspicion (T.L.O.) — pure hunches, informant tips lacking corroboration, and generalized suspicion can be suppressed.
4th Amend.
PC §17(b) Reduction
Felony §626.10 is routinely reduced to misdemeanor with clean record and no threatening use.
Diversion Under §1001.95
Misdemeanor filings are eligible for judicial diversion — dismissal on successful completion.
§1001.95
Constitutional Sources
07 — Court Process
How PC §626.10 Weapons on School Grounds (Non-Firearm) Cases Move Through Los Angeles Courts
§626.10 cases move quickly and often involve juvenile court parallels.
- 1
Step 1 — School Report
Administrator or SRO discovers the weapon and detains the student pending law-enforcement response.
- 2
Step 2 — Charging Decision
DA reviews for misdemeanor vs. felony based on weapon type, brandishing, and any threat evidence.
- 3
Step 3 — Juvenile Court Transfer
Minors typically proceed in Welf. & Inst. §602 juvenile court unless §707 fitness hearing sends the case to adult court.
- 4
Step 4 — Motion Practice
T.L.O. suppression, knowledge challenges, and blade-length disputes.
- 5
Step 5 — Diversion / Plea
PC §1001.95 or a §17(b) reduction to §21310 or §415 are common plea outcomes.
Los Angeles Courts That Handle PC §626.10 Weapons on School Grounds (Non-Firearm) Cases
§626.10 cases are handled at general criminal and juvenile calendars.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Weapons on School Grounds (Non-Firearm) Defense Attorney
Daniel S. Rubin has defended clients charged with weapons on school grounds (non-firearm) 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 §626.10 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Weapons on School Grounds (Non-Firearm) Cases Throughout LA County
See our full Weapons on School Grounds (Non-Firearm) defense practice
09 — FAQs
PC §626.10 Weapons on School Grounds (Non-Firearm) Questions — Los Angeles
Is a pocket knife a weapon under PC §626.10?
Only if the blade is over 2½ inches OR if the folding knife locks into place. A small non-locking folder is not covered.
Can school administrators search a backpack?
Yes, under New Jersey v. T.L.O. (1985), with reasonable suspicion — a lower standard than probable cause. But pure hunches or uncorroborated tips can still be suppressed.
What if I forgot the knife was in my bag?
Knowledge of the weapon's presence is an element. Genuine lack of knowledge — including forgotten weekend-camping tools — is a real defense.
Can this be reduced to a misdemeanor?
Yes. §626.10 is a wobbler and is routinely reduced under §17(b), particularly for first-time offenders with no threat evidence.
Available 24/7 — Free Consultation
Charged With PC §626.10 in Los Angeles?
Blade-length and knowledge defenses matter. Rubin Law, P.C. — (213) 723-2337.