5 Legal "Self Defense Weapons" in California (2024)

Posted on

5 Legal "Self Defense Weapons" in California (1)

Five legal self-defense weapons in California are:

  1. pepper spray,
  2. stun guns or tasers,
  3. certain knives (such as a pocketknife or non-switchblade folding knife),
  4. personal alarms, and
  5. certain guns (such as handguns or shotguns).

Some self-defense weapons that are illegal under California law include:

  1. weapons that are prohibited under California Penal Code 16590 PC,
  2. concealed dirks and daggers, illegal per Penal Code 21310 PC, and
  3. assault weapons, illegal per Penal Code 30605 PC.

Depending on the facts of a case, a violation of one of the above laws can lead to misdemeanor or felony charges, punishable by time in county jail or state prison.

1. What weapons are legal in California to use in self-defense?

Some of the best self-defense weapons that are legal to use in California include:

  1. pepper spray,
  2. personal alarms (which are commonly attached to a keychain and produce extremely loud sounds when people activate them),
  3. stun guns or tasers,
  4. certain knives, and
  5. certain guns.

As to stun guns or tasers, California law allows you to purchase, possess, or carry them for lawful self-defense.1 However, you are prohibited from having one if you:

  • are a convicted felon,
  • have a prior conviction for assault or misuse of a stun gun,
  • are addicted to narcotics, or
  • are a minor under 16 years of age.2

With regards to knives, people in California can carry folding knives (other than switchblades) provided that the knives are in the folded position.3 Folding knives include:

  • pocketknives,
  • Swiss army knives,
  • box cutters, and
  • other “utility” knives.

With guns, please note that the State of California has a host of gun laws that:

  • limit the type of gun you can have,
  • restrict the things you can do with a gun, and
  • impose certain rules for storing and transporting guns.

In general, most adults 21 years of age and older can buy, own, and possess legal firearms (like handguns and shotguns).

2. Do state laws make it illegal to use some weapons in self-defense?

Certain California laws make it illegal to use some weapons in self-defense.

For example, Penal Code 16590 PC is the California statute that prohibits manufacturing, selling, possessing, and using certain deadly weapons like:

  • leaded canes or blackjacks4,
  • certain martial arts weapons like shurikens, and
  • brass knuckles.5

California law also makes it a crime for a person to possess or use certain knives and guns. Under Penal Code 21310 PC, it is a crime for a person to carry concealed dirks and daggers.6

Further, Penal Code 30605 makes it a crime for you to possess an assault weapon.7 It is also a crime for people to have:

  • short-barreled shotguns8,
  • undetectable firearms9, and
  • zip guns.10

3. When can you legally act in self-defense in California?

Under California’s self-defense laws, it is legal for you to stand your ground and act in self-defense when you:

  1. reasonably believe to be in “imminent danger” of suffering bodily harm,
  2. reasonably believe the immediate use of force is necessary to defend against that reasonable fear of suffering bodily injury, and
  3. use no more force than reasonably necessary to defend against that danger.11

Note that you are legally justified in using deadly force in self-defense when:

  1. you reasonably believe that you, or someone else (like a family member), is in imminent danger of being killed, suffering great bodily injury, or being the victim of a forcible and atrocious crime,
  2. a reasonable person would have believed that you needed to use deadly force to prevent the danger from happening, and
  3. your use of force was not more than what was reasonably required to keep the harm from occurring.12

Note, too, that law enforcement officers can use deadly force if they believe it to be necessary. In determining if deadly force is “necessary,” courts consider not only the officer’s actions but also the victim’s actions before the deadly blow. If police officers kill unnecessarily, they can face criminal charges.

4. What is the Castle Doctrine?

The Castle Doctrine is a set of laws that applies to the situation when people use self-defense inside their own home (as opposed to outdoors or in a place of business).

Under this doctrine, there is no duty to retreat if people confront an intruder inside their home.

In addition, residents have the right to use deadly force (in self-defense) inside their homes when someone uses force to break in.13

Legal References:

  1. California Penal Code Section 22610 PC.
  2. See same.
  3. California Penal Code 17235 PC.
  4. As to blackjacks, see People v. Duncan (1945) 72 Cal.App.2nd 423.
  5. California Penal Code 16590 PC.
  6. California Penal Code 21310 PC.
  7. California Penal Code 30605 PC.
  8. California Penal Code 33215 PC.
  9. California Penal Code 24610 PC.
  10. California Penal Code 33600 PC.
  11. See CALCRIM No. 3470 – Right to Self-Defense or Defense of Another, Judicial Council of California Criminal Jury Instructions (2021 edition). See also People v. Humphrey (1996) 13 Cal.4th 1073.
  12. See CALCRIM No. 505 – Justifiable Homicide: Self-Defense or Defense of Another, Judicial Council of California Criminal Jury Instructions (2021 edition).
  13. California Penal Code 198.5 PC.

About the Author

5 Legal "Self Defense Weapons" in California (2)

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

    Featured on

    5 Legal "Self Defense Weapons" in California (3) 5 Legal "Self Defense Weapons" in California (4) 5 Legal "Self Defense Weapons" in California (5) 5 Legal "Self Defense Weapons" in California (6) 5 Legal "Self Defense Weapons" in California (7) 5 Legal "Self Defense Weapons" in California (8) 5 Legal "Self Defense Weapons" in California (9) 5 Legal "Self Defense Weapons" in California (10) 5 Legal "Self Defense Weapons" in California (11) 5 Legal "Self Defense Weapons" in California (12) 5 Legal "Self Defense Weapons" in California (13) 5 Legal "Self Defense Weapons" in California (14) 5 Legal "Self Defense Weapons" in California (15) 5 Legal "Self Defense Weapons" in California (16)

    5 Legal "Self Defense Weapons" in California (2024)

    FAQs

    5 Legal "Self Defense Weapons" in California? ›

    In California, you have the right to stand your ground and protect yourself without retreating. In fact, you even have the right to pursue your attacker until the imminent danger against you (or someone else) no longer exists. In simpler terms, you do not have to try to escape harm by running away.

    What is legal self-defense in California? ›

    In California, you have the right to stand your ground and protect yourself without retreating. In fact, you even have the right to pursue your attacker until the imminent danger against you (or someone else) no longer exists. In simpler terms, you do not have to try to escape harm by running away.

    Is it legal to carry a taser in California? ›

    Under Penal Code 22610 PC, it is primarily legal in California to purchase, possess or carry a stun gun or taser for lawful self-defense. However, you can't have a taser if you are a convicted felon, a drug addict, a minor under 18, or have a prior conviction for assault or misuse of a stun gun.

    Can I use a knife in self-defense in California? ›

    And it is legal for people to defend themselves with a pocket knife as long as they act reasonably. California law permits the use of force in self-defense or defense of others when the victim reasonably believes he/she or others are in imminent danger of physical harm, and that force is required to deflect the danger.

    Can I carry a baton in California? ›

    California details baton laws under Penal Code 22210 which prohibit the possession of batons or leaded canes. More specifically, this law makes it a crime to: Manufacture, distribute, sell, or possess; This includes giving, importing, making, trading, lending, or sharing.

    Can you pepper spray someone in self-defense in California? ›

    Self Defense Only

    You may purchase, possess, and use pepper spray as long as you do so only for self-defense purposes. Interestingly, in California, "use" includes not just discharging the weapon, but displaying it in a threatening manner.

    Does California have imperfect self defense? ›

    Imperfect self-defense is a legal defense in California that can be used in cases of murder or manslaughter. It is based on the idea that the defendant believed they were acting in self-defense, but that belief was not reasonable.

    Is it legal to carry a knife in California? ›

    A: In California, you can legally purchase, own, transport, and carry any knife that is not restricted under the law. California's open carry law states that the hilt or handle of a knife can't be hidden or concealed. This includes if the hilt is hidden underneath clothing or in the blade's sheath.

    Can I use a taser to protect myself? ›

    State laws dictate that stun guns or taser devices are legal for civilian self-defense in 48 of the 50 states as long as: You only use it for self-defense purposes; You do not have a felony record; You are not a minor under the age of 18.

    What weapons can a felon own in California? ›

    In California, anyone who has a prior conviction for a felony offense cannot own a gun. Doing so violates California Penal Code section 29800 PC – the state's “felon with a firearm” law.

    What weapons are banned in California? ›

    Prohibited Weapons in California
    • short-barreled rifle/ short-barreled shotgun.
    • camouflage firearm container.
    • air gauge knife.
    • ammunition that contains a flechette dart.
    • ballistic knife.
    • belt buckle knife.
    • bullet that contains an explosive agent.
    • cane gun.

    What size knife is legal to carry in California? ›

    In the State of California, there is no maximum length for knives in general. However, the maximum legal length for a switchblade knife is 2 inches. Additionally, it is illegal to carry daggers or dirks concealed, and also illegal to carry many types of knives which are designed for concealment.

    Is a monkey fist illegal in California? ›

    2d 32.) The Court of Appeal summarily reversed Golden's conviction, noting the Legislature has not made it illegal to possess a “monkey fist,” “nor is a 'monkey fist' commonly known as a black-jack, slungshot, billy, sand-club, sandbag or metal knuckle.

    Are brass knuckles illegal in California? ›

    Brass knuckles are classified as a deadly weapon under California law and selling them is punishable by imprisonment for up to a year.

    Is a tactical pen considered a weapon? ›

    They are full-fledged self-defense weapons and survival tools that can save your life. Whether you need to defend yourself, are stuck in a submerged vehicle, or are trying to alert someone for help, the tactical pen can increase your chances of survival.

    What is a blackjack weapon? ›

    The sap, slapper, or blackjack is a heavy leather pouch, eight to twelve inches long, filled with lead and sometimes a flexible steel rod. Unlike a baton, a sap's size and shape allowed it to be concealed inside an officer's pocket.

    What is the strongest pepper spray legal in California? ›

    California: No person shall purchase, possess, or use any pepper spray that contains more than 2.5 ounces (70.875 grams) net weight of aerosol spray. (The OC10-2F, PDF-2 and SD-2 are all 40 grams, so we can ship these items to California. Our Bear Pepper Spray is legal and registered in California.)

    Do you need a license for a rubber bullet gun in California? ›

    It is generally legal to own a BB gun in California. However, it is illegal for a person under the age of 18 to own a BBG without parental permission. Under California Penal Code 20170, it is against the law to display an “imitation firearm” in a public place. A BBG falls into the definition of an imitation firearm.

    What are the intruder laws in California? ›

    Under Penal Code 198.5 PC, California law follows the legal principle known as Castle Doctrine. This means there is no duty to retreat if a resident confronts an intruder inside his or her own home. Residents are permitted to use force against intruders who break into their homes, or who try to force their way in.

    What is the unclean hands defense in California? ›

    An equitable defense that bars relief to a party who has engaged in inequitable behavior (including fraud, deceit, unconscionability or bad faith) related to the subject matter of that party's claim.

    Is hand to hand combat legal in California? ›

    Mutual fighting is illegal; thus, prosecutors might prosecute both parties. Since both parties would claim their Fifth Amendment rights against self-incrimination, it would be difficult to convict either; hence prosecutors don't usually file charges.

    What is perfect self Defence? ›

    Perfect self-defense is the use of force to protect oneself, family, or property from a real or threatened attack. It is considered perfect when the force used is necessary and reasonable to repel the attack.

    What is a dirk or dagger in California? ›

    A dirk or dagger is 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.

    Can you open carry a folding knife in California? ›

    California law allows people to conceal or openly carry folding knives, as long as they are folded and in a closed position. A folding knife may include a switchblade, pocket knife and certain utility knives.

    Can I carry an AXE in California? ›

    In California, it is illegal to wield lethal weapons, including knives. The law states that it is illegal for anyone to "draw or display a lethal weapon.

    Is a pepper ball gun better than a taser? ›

    Pepper spray affects the attacker for around 30 minutes or so. By comparison, being hit with a taser can incapacitate an attacker for 5 to 60 minutes. However, pepper spray has a longer range and, because of this, requires more accurate discharge.

    Which is better stun gun or taser? ›

    While a TASER device is just as painful as a normal stun gun, it's more effective at incapacitating muscle functions so an attacker can't move. The projectile prongs on TASERs make them ubiquitous among law enforcement agencies with police TASER devices offering more range than consumer models—up to 35 feet.

    What happens if you taser someone and they are touching you? ›

    No. If the attacker is touching you, you will not be shocked. The shock provided by the stun gun will not conduct from one person to another. The effects of the shock are localized only to where the contact is made.

    Can a felon live in a house with a gun in California? ›

    California prohibits felons and some drug addicts from owning or possessing fire arms.

    Can a felon own a gun after 10 years in California? ›

    In general, a conviction for any felony offense will result in a lifetime ban on your ability to possess or own a gun. Certain misdemeanors, such as those involving domestic violence or even drug offenses, may also result in temporary or lifetime bans depending on the conduct which gave rise to the conviction.

    What happens if you get caught with a ghost gun California? ›

    Up to $1,000 in fines and/or. Up to 1 year in county jail.

    What weapons can you legally own in California? ›

    Five legal self-defense weapons in California are:
    • pepper spray,
    • stun guns or tasers,
    • certain knives (such as a pocketknife or non-switchblade folding knife),
    • personal alarms, and.
    • certain guns (such as handguns or shotguns).
    May 31, 2023

    What is a California compliant weapon? ›

    A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that does not have a fixed magazine, but that has any one of the following: A pistol grip that protrudes conspicuously beneath the action of the weapon. A thumbhole stock. A folding or telescoping stock. A grenade launcher or flare launcher.

    What are less lethal weapons in California? ›

    ​You may carry pepper spray that does not exceed 2.5 ounces in capacity. You may carry a Taser. You may carry either openly or concealed. Irritant powder shotgun shells are prohibited, but baton/bean bag shells are not.

    Can I carry a knife while hiking in California? ›

    State law prohibits carrying fixed-blade knives concealed on your person, but they can be carried in a sheath.

    Is a knife clipped in your pocket concealed? ›

    Many officers will simply ignore pocket clips, but it only takes that one for you to get arrested. Your safest bet is to always assume a knife clipped to your pocket is open carry. If your knife adheres to the law, don't worry about, but if there's any doubt, slip it in your pocket.

    What makes a knife illegal in California? ›

    Knives that are illegal to possess in California include ballistic knives, cane knives, air gauge knives, lipstick knives, belt buckle knives, writing pen knives, switchblades with a blade of two inches or longer, and undetectable knives made from materials that cannot be detected by metal detectors.

    Are kitty knuckles illegal in California? ›

    For instance, as cute as they might look, kitty cat keychains are classified as brass knuckles, a deadly weapon that's illegal in California.

    Are fighting sticks legal in California? ›

    Penal Code § 22210 PC makes it illegal to manufacture, import, sell, give, or possess leaded canes or batons (or other weapons in this category). The offense can be charged as a misdemeanor or a felony. A conviction is punishable by up to 3 years in jail or prison.

    Are spears legal in California? ›

    (a) No person shall carry, possess or discharge across, in or into any portion of any unit any weapon, firearm, spear, bow and arrow, trap, net, or device capable of injuring, or killing any person or animal, or capturing any animal, or damaging any public or private property, except in underwater parks or designated ...

    Are nunchucks legal in California? ›

    Nunchucks are also known as karate sticks and are specifically banned in California under the state's statute on generally prohibited weapons found within California Penal Code 16590 PC.

    How long do you go to jail for brass knuckles in California? ›

    up to one year in jail, a fine of up to $1,000, and. informal summary probation upon conviction.

    Are self-defense keychains legal in California? ›

    At first glance, they look like harmless cat or dog keychains. But as it turns out, they're actually used as a deadly self-defense weapon. Deputies say they're known as Plastic Knuckle Dusters, which fall under the umbrella of brass knuckles, which are illegal in the state of California.

    What self-defense items can I take on a plane? ›

    One 4 fl. oz. (118 ml) container of mace or pepper spray is permitted in checked baggage provided it is equipped with a safety mechanism to prevent accidental discharge. Self-defense sprays containing more than 2 percent by mass of tear gas (CS or CN) are prohibited in checked baggage.

    Why carry a tactical flashlight? ›

    According to Wikipedia, “A tactical flashlight is a flashlight used in conjunction with a firearm to aid low-light target identification, allowing the marksman, law enforcement officer or soldier to simultaneously aim a weapon and illuminate the target.”

    Will TSA take my tactical pen? ›

    Checked Bags: Yes

    page. The final decision rests with the TSA officer on whether an item is allowed through the checkpoint.

    What is a Billy Club weapon? ›

    A baton (also truncheon, nightstick, billy club, billystick, cosh, lathi, or simply stick) is a roughly cylindrical club made of wood, rubber, plastic, or metal. It is carried as a compliance tool and defensive weapon by law-enforcement officers, correctional staff, security guards and military personnel.

    What is a sap for self-defense? ›

    For you youngsters, a sap is a leather club filled with a metal rod or bar, lead, sand or other material that can deliver a crippling blow in a close-quarters fight. Typically, a sap is flat and looks a bit like a beavertail. It's made with heavy leather and is surprisingly easy to carry and deploy.

    What is a flapjack weapon? ›

    The slapjack (also commonly known as a "slap") is a batting weapon which may be used in self-defense or other forms of hand-to-hand combat. It typically consists of a flat profile outer skin containing a hard weight material that may be swung at any part of an opponent's body in order to inflict injury.

    When can a private person use force to defend her personal property in California? ›

    The owner [or possessor] of real or personal property may use reasonable force to protect that property from imminent harm. *Reasonable force means the amount of force that a reasonable person in the same situation would believe is necessary to protect the property from imminent harm.

    What triggers duty to defend in California? ›

    When does an insurer have a duty to defend a policyholder? Insurers in California are required to defend and indemnify their policyholders if a risk is even “potentially” covered. This means that even if the cause of an accident is unknown, the insurer must treat it as a covered risk, at least initially.

    Can you defend yourself against a minor in California? ›

    As we've already stated, a child under the age of criminal intent cannot commit a crime. But with regards to self-defence the law does not distinguish a lower or upper age range for who you may need to use self-defence against.

    Is self-defense a duress defense? ›

    A threat to destroy property or a distant threat would not be enough to support a Duress defense. Additionally there must be a reasonable belief in the viability of the threat. Defenses that are related to the Duress defense include the Necessity defense and Self-Defense.

    Can I physically remove someone from my property in California? ›

    Can a person use force to evict a trespasser from their property in California? Yes. The lawful occupant of property may request that a trespasser leave the property (real property).

    When can police enter private property California? ›

    If any of the following are true, police may enter and search your home without a search warrant: You or another person with authority over the property has given consent to the search of the home. There is imminent danger to life or a threat of severe damage to the property.

    Is California a stop and ID state? ›

    The short answer is yes – there are no “stop and identify” laws in California that require you to show your ID to the police. Thus, in most situations, they cannot penalize you for refusing to provide your ID.

    What is the bad faith law in California? ›

    In other words, California insurance companies breach the implied covenant of good faith and fair dealing, known as acting in “bad faith,” when they unreasonably deny benefits under an existing and enforceable insurance policy on a valid claim.

    What is the four corners rule in California? ›

    The four corners rule contract law, also known as the patrol evidence rule, stipulates that if two parties enter into a written agreement, they cannot use oral or implied agreements in court to contradict the terms of the written agreement.

    Is there no duty to warn in California? ›

    In 2013, legislation went into effect clarifying that the Tarasoff duty in California is now unambiguously solely a duty to protect. Warning the potential victim and the police is not a requirement, but a clinician can obtain immunity from liability by using this safe harbor.

    Is it illegal to kick out a minor in California? ›

    Minors who are not emancipated.

    If you kick your minor teen out of your home, this is considered to be abandonment. This is a crime, and you can face legal consequences, no matter where your teen moves to.

    Is California a castle state? ›

    Yes. Under Penal Code 198.5 PC, California law follows the legal principle known as Castle Doctrine. This means there is no duty to retreat if a resident confronts an intruder inside his or her own home. Residents are permitted to use force against intruders who break into their homes, or who try to force their way in.

    Does age matter in self-defense? ›

    You have a right to self-defense, regardless of whether the perpetrator is a minor or not.

    What is the entrapment defense? ›

    THE ENTRAPMENT DEFENSE IS USED WHEN AN ACCUSED PERSON ALLEGES THAT HE NEVER WOULD HAVE COMMITTED A CRIME IF A LAW ENFORCEMENT OFFICER HAD NOT INSPIRED, INCITED, PERSUADED AND LURED HIM. THE VARIOUS POLICY REASONS UNDERLYING THE DEVELOPMENT OF THE DEFENSE ARE DISCUSSED.

    What is an example of a necessity defense? ›

    defense. The Duress or Necessity defense arises when a person commits an offense when they felt they had no choice but to commit it. For example, committing a DUI when you were fleeing from danger and the only reasonable option was to drive while impaired.

    What are the 3 types of duress? ›

    Contracts Entered Under Duress
    • Duress to an Individual. When an individual enters into a contract because of threats to that person physically, then the contract may be set aside as long as the threat of physical violence was the reason the person entered into the contract. ...
    • Duress to Goods. ...
    • Economic Duress.

    Top Articles
    Latest Posts
    Article information

    Author: Carlyn Walter

    Last Updated:

    Views: 6455

    Rating: 5 / 5 (70 voted)

    Reviews: 85% of readers found this page helpful

    Author information

    Name: Carlyn Walter

    Birthday: 1996-01-03

    Address: Suite 452 40815 Denyse Extensions, Sengermouth, OR 42374

    Phone: +8501809515404

    Job: Manufacturing Technician

    Hobby: Table tennis, Archery, Vacation, Metal detecting, Yo-yoing, Crocheting, Creative writing

    Introduction: My name is Carlyn Walter, I am a lively, glamorous, healthy, clean, powerful, calm, combative person who loves writing and wants to share my knowledge and understanding with you.