California’s Bayonets – What You Should Know
A significant part of California’s knife laws are found in California Penal Code (PC) § 17235, which describes a bayonet as follows: "Bayonet" means a blade fastened to the muzzle of a "firearm" in such a manner that it may be used both as a stabbing weapon and as a blade for a "firearm." This definition is confirmed by California PC § 16290: A 2-inch wide, double-edged, spear-pointed, or dagger-pointed blade with a pocket clip, which may be opened with one hand, is not considered to be a dagger or dirk. A folding knife will not be considered to be a dirk or dagger if the blade is folded into the handle and locked into the open position when in use. Therefore, various knives with bayonet-like blades are still legal in California provided that they do not have the opening mechanism typically associated with bayonets. Further, though a blunt blade that can also be used for stabbing is not considered a bayonet, the same laws apply as with other knives – they are subject to all of the same limitations as other blades. California PC § 16470 defines a dirk or dagger: "Dirk" includes a "dirk," "dagger," or "stiletto." "Dirk" also means any "knife" or instrument with or without a handguard that is capable of ready dislodgment from the sheath or belt carried in a concealed manner . Further details regarding California’s dirk or dagger restriction can be seen above, regarding its handle design. The second component of California’s bayonet restrictions is contained in California PC § 18900. In California, this section states "Every person who imports into, or causes to be imported into, this state any…ebroidered, bayoneted, or spear-pointed knife…capable of ready dislodgment from the sheath or belt…carried concealed upon the person, without first obtaining a license shall be punished by imprisonment in the state prison for two, three, or four years." In order to avoid this potential prison sentence, it is crucial that the imported knife in question does not have a "bayoneted," "spear-pointed," or otherwise similar blade, as these are all defined previously in California PC § 18900. To summarize California’s bayonet laws, bayonets are defined as two edged and spear pointed weapons that are designed to be worn on a firearm. Even non-projectile bayonets remain strictly regulated, according to California PC § 18900. In general, still consider that any daggers, katanas, or similar two-edged and spear pointed weapons that meet these definitions can lead to a felony punishment. However, dirk and daggers may still be carried concealed, provided that the dirk or dagger is not a folding knife with a locked blade.
The History of Bayonet Law in California
Historical context of Bayonet Legality
The legislative history of California bayonet regulation traces a path that spans across the 19th, 20th, and now into the 21st century. In fact, California remains to be the only state in all of America to have lawfully outlawed any and all bayonets so early on. It was the 1872 California Penal Code § 12020 that criminalized the possession, manufacturing, sale, transportation, importation, and distribution, in or throughout California, of "any dirk, dagger, or other dangerous weapon; or any […] bayonet," making it illegal to manufacture or to simply possess such a knife with a "skewed" blade that also has "a groove." As can be imagined, the practical result was the complete and utter banishment of all knives that could be described as bayonets in California, which include far less lethal edged weapons than conventional military grade bayonets, i.e. those knives affixed to a handle, designed for mounting on the muzzle of a rifle that is used primarily in military combat.
Over a century later, and into the 21st century, California attempted to restore the legality of civilian bayonets by amending the scope of California Penal Code § 17240(b): "Every person who, except while on his or her own premises, manufactures, causes to be manufactured, imports into California, keeps for sale, offers or exposes for sale, or gives, lends, or transfers, any dirk, dagger, or other dangerous weapon in violation of Section 16590, is punishable by imprisonment in the state prison for two, three, or four years." This was enacted as a result of court decisions barring arrestees from successfully arguing that nothing in the California Penal Code prohibits bayonets, given that the statutory definition of a bayonet includes knives that are not ‘dirks, daggers, or other dangerous weapons.’ Examples of knives that are alternately described as ‘bayonets’ are, for example, trench knives, or more commonly, ‘military knives,’ which are still defined by Penal Code § 17240(a) as conventional types of knives with military or para-military melee and stabbing functions and purposes.
Nevertheless, even after the year 2000 amendment to California Penal Code § 17240(b), California is not finished with its bayonet regulation. The California legislature overrode the voters in 2016 and passed SB 880, amending California Penal Code § 22210, to read in part: "A person may manufacture, import into the state, keep for sale, offer or expose for sale, or sell any metal knuckle knife." While the newly added provision on "metal knuckle knives," in theory, permits, permits the manufacture, importation, sale, or transfer of any metal knuckle knife without any restrictions whatsoever, we are still left with the general prohibition of "dirk, dagger, or other dangerous weapon" on California Penal Code § 22210(b). Thus, the deleterious effects of general prohibitions on "dirk, dagger[s] or other dangerous weapon[s]" on California Penal Code § 22210(b) remain in place, rendering the manufacturers, importers, sellers, or distributors of California bayonets still not free to do business in California.
Legal Bayonet Use – A State by State Guide
Unlike California there are many states that permit bayonets with few restrictions. Most states, such as Texas, Colorado, Illinois, Florida, and Kentucky, classify bayonets as "daggers" under their laws and impose no limitations on the sale or possession of "daggers."
A few states prohibit daggers, however, such as:
• Ohio – Possession of dagger, dirk, switchblade, or stiletto prohibited;
• Nebraska – Daggers with blades of over five inches are classified as dangerous knives and cannot be carried concealed or unconcealed;
• New Jersey – Illegal to possess a dagger as the state defines daggers;
• Georgia – Daggers, dirks, bowie knives, and "any other knife not including a straight edged blade," can be carried "open," but concealed carry is unlawful.
Some states have listed bayonets in their list of prohibited weapons. For example, in Minnesota, under its definition of switchblade knives, "blade which goes from a closed to a fully opened position (by manual or inertia) or by gravity and with automatic opening, in an exposed position other than by manual effort at the time." It then lists various prohibited blades such as switchblades and serrated blades. The first listed defense is "a sword bayonet." Thus, Minnesota has effectively banned them as within its definition of a switchblade knife. In New York, a switchblade knife is "a knife having a blade which is 4 inches or more in length, which when opened requires the application of manual pressure to the handle or other part of the knife, except when the knife is in the folded or sheathed state." Next it lists accordion type knives and knife knives. However, like New York, it classifies sword bayonets with other similar mechanisms.
The Hidden Consequences of Illegal Bayonet Possession
The legal repercussions of violating the bayonet laws in California can be severe. Penalties may include steep fines, the seizure of the weapons in question, or even potential criminal charges. However, the specifics depend on various factors, including the circumstances of the incident and the discretion of law enforcement and the court system. Typically, a first offense for possessing a bayonet may result in a simple fine. For instance, if an individual is caught in possession of a "machete" with the intent to use it as a bayonet or erect it on a firearm, it’s considered a violation. A conviction generally results in a fine of up to $1,000.00, potentially more, depending on the severity of the incident and the defendant’s criminal history . Further violations of this law can lead to progressive penalties, such as increased fines, community service, or even jail time, but this depends on the flexibility of the court. In addition to the risk of fines or arrest, a conviction for violating the bayonet laws can result in a criminal record. This can have serious consequences on a person’s future—including difficulties in finding work, applying for housing, or obtaining a professional license. While the consequences for violating the bayonet laws vary, one thing is certain: it’s crucial to understand these laws should you choose to possess or purchase a bayonet in California. Being informed can help you avoid stiff legal penalties and other repercussions that can haunt you for years.
Partially Legally Navigating Bayonets
In order to legally possess a bayonet in California, individuals or organizations must adhere to state laws that are designed to maintain control over the ownership and transfer of weapons. Bayonets are classified under California’s regulations regarding prohibited weapons and are generally treated similarly to knives with blades longer than 5.5 inches.
When it comes to acquiring a bayonet, individuals must go through appropriate legal channels, which often involves obtaining a special permit or license, or purchasing from a licensed dealer. Additionally, there are restrictions on the types of bayonets that can be owned, as California law prohibits the possession of certain types, such as those with folding or switchblade mechanisms.
Individuals interested in using or collecting bayonets should take the time to research and understand the specific requirements in their area. Local laws and regulations may have additional stipulations, and it is recommended that those who wish to acquire a bayonet seek out guidance from a knowledgeable professional.
In general, those with a properly documented "good cause" can carry a concealed bayonet, but those without a permit are prohibited from doing so. Those who wish to carry a bayonet for self-defense purposes may be required to submit documentation to support their application for a permit. Alternatively, there are exceptions for bayonets of a length less than 4 inches, which are allowed to be carried without a permit.
In order to ensure compliance with state and local laws, potential owners of bayonets should familiarize themselves with the restrictions in their area, as these may affect how or where a bayonet can be carried. It’s important to note that illegal bayonet ownership is typically considered a misdemeanor, carrying the risk of fines or even jail time.
Overall, the important thing to remember when it comes to bayonets, and other types of bladed weapons, is to be aware of the law in your area, especially regarding unlawful ownership and transfer.
Expert Perspectives on Bayonet Restrictions
Legal analysts and historians have presented diverging perspectives on the issue of bayonet legality, reflecting ongoing debates about the most appropriate means of regulating access to these weapons. Some legal experts argue that clarifying the language around bayonet legality in California penal code is necessary. Experts note that existing statutes do not distinguish clearly between bayonets and similar knife-like devices, such as push knives. One legal analyst opines that the state legislature should refine the law by defining bayonets more narrowly or exempting "knives with bayonet lugs" from "assault weapon" designations.
Others focus on the historical aspects of bayonet regulation in California. A historian studying 19th-century armaments may argue that the concept of a "bayonet ban" in contemporary California law is an anachronism, having little basis in its use of modern firearms . In fact, an article from The Santa Monica Red Post published in 1913 states, "The dreaded bayonets of the Europeans have no place in American warfare." Few observers today would likely agree that common, modern bayonets are suitable for peacekeeping, human rights, or self-defense purposes.
Law enforcement agencies in California provide yet another perspective on bayonet designations and regulations. For instance, an officer in a police department might point out that bayonets can be used as a status symbol or a weapon, but less frequently than other firearms. The same is true for knife-like devices such as push knives when used in conjunction with other weapons. While police officers are often called to respond to violent incidents featuring firearms, most casual bayonet usage is not sanctionable. A city official agrees, explaining that responsible, civilian use of what are commonly referred to as "practical" bayonets rarely leads to arrest or incarceration.