Self-Defense in California (2024)

FAQs

What can I carry for self-defense in California? ›

In the state of California, you are within your rights to act in self-defense if you have a reasonable belief that you or someone else may be in possible harm. However, you may be arrested and charged for your otherwise violent or unlawful actions.

California Law

Though California does not have a stand your ground statute, the state appellate cases have held that there is no duty to retreat before using force in public.

In a criminal self-defense case, the State of California has the burden of proving the defendant guilty beyond a reasonable doubt. While in most cases the defendant is not required to do anything to prove his or her innocence, affirmative defenses shift the burden of proof to the defendant.

California Penal Code 22610 PC states in part: “anyone may purchase, possess, or use a stun gun, subject to the following requirements: (a) Nobody convicted of a felony or any crime involving an assault, or convicted of misuse of a stun gun under Section 244.5, shall purchase, possess, or use any stun gun.

In California, it is legal to purchase, own and use pepper spray if used in self-defense. Pepper Spray containers must be 2.5 ounces or less in California. It may be used for your protection against human attackers, most vicious dogs, bears, mountain lions and other wild animals.

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.

Understanding How Self-Defense Law Applies

As a general rule, you have the legal right to use force to protect yourself against physical violence if you reasonably believe someone poses an imminent threat of bodily harm to you.

Last updated January 5, 2023 . A U.S. citizen or legal resident over age 18 may generally carry a handgun anywhere within his or her place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.

While there is no “stand-your-ground” legislation in California per se, the state does have laws in place sanctioning the use of deadly force against home intruders. The shooter is a legal gun owner.

What is the 20 feet rule? ›

At 20 ft (6.1 m), the gun-wielder was able to shoot the charging knife attacker just as he reached the shooter. At shorter distances the knife wielder was always able to stab prior to being shot.

In California, there is no stop-and-identify law which requires an individual to produce identification upon request by a peace officer.

In order to invoke self-defense, certain conditions must be met such as unlawful aggression, reasonable necessity of the means employed to prevent or repel it, and lack of sufficient provocation on the part of the person defending himself.

A man who is attacked or believes that he is about to be attacked may use such force as is both necessary and reasonable in order to defend himself. If that is what he does then he acts lawfully.

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.

Brass knuckles are prohibited in California under the state's statute on generally prohibited weapons. This statute can be found in the California Penal Code 16590 PC.

Any California resident has the legal right to buy, own, carry, and use a stun gun for lawful self-defense without obtaining a permit. But there is state legislation enacted that prohibits them from someone who: Has been convicted of a felony. Has a prior conviction of an assault or misuse of a stun gun.

Where can you carry pepper spray in California? ›

It is absolutely legal to carry pepper spray and use it to protect your personal safety without having any special state or federal permits. CA laws do regulate the size and/or weight of the defense spray products you can carry and buy. The legal container size must be equal to or below 2.5 ounces of active product.

A. 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.

In general, folding knives can be carried openly or in a concealed position as long as they are in a closed position. California Penal Code Section 17235 defines a folding knife as a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade.

Bureau of Land Management (BLM)

Licensed concealed carry is legal generally on BLM land. Unlicensed concealed carry may be legal in your campsite. Loaded and unloaded open carry are illegal in "prohibited areas" including the campground. Loaded and unloaded open carry is legal in "prohibited areas" in your campsite.

In 2017, we took the question to Micah Schwartzbach, a California criminal defense lawyer and managing editor at Nolo. In short, the answer is "yes" — but the punch has to be made in self-defense.

In assault cases, who gets charged often comes down to what witnesses say to the investigating officers. If you were assaulted by someone else and attempted to defend yourself, but the witnesses only saw you defending yourself, the police may arrest you instead of your assailant.

Can you hit someone if they provoke you? Just because someone insulted you or said something rude or mean doesn't mean you have the right to hit them. However, if physical harm is imminent or they've already hit you once, you may have a legal right to self defence and can hit them back.

Under California Penal Code §26350, carrying an unloaded handgun is also a crime. This includes carrying an exposed and unloaded handgun in any public place or on a public street.

Open carry is permitted at one's home, in their business, or on their private property. However, it may be illegal to do so within view of the public outside of the structure. Openly carrying a weapon while responding to an immediate threat to life (in self-defense) is also permitted.

Unless otherwise unlawful, any person over the age of 18 who is not prohibited from possessing firearms may have a loaded or unloaded firearm at his or her place of residence, temporary residence, campsite, or on private property owned or lawfully possessed by the person.

Can a trespasser sue for injury in California? ›

If you met the definition of a trespasser as outlined above, you would not have legal recourse or be able to file a personal injury civil lawsuit. However, the key word in the above paragraph is 'willfully.

All in all, even if you stab or kill someone out of self defense and don 't deny you did, you will likely find yourself in a trial. However, if you can prove there was legal justification for self defense at the time you will not be punished.

Penal Code 32310(c) goes on to make it a crime for a person to possess a large capacity magazine, regardless of the date it was acquired. A “large-capacity magazine” means any ammunition-feeding device with the capacity to hold more than 10 rounds.

The 10 and 5 rule is a simple guideline that is widely used in the hospitality industry. The rule dictates that when a staff member is 10 feet from a guest, the staff smiles and makes direct eye contact, and when they are within five feet, the staff verbally greets the guest.

It's called the “21-foot rule,” and it means that someone with a knife running toward police, could cover about 21 feet before officers unholster their gun and fire.

FBI stats say the average gunfight includes three rounds fired over three seconds from a distance of 3 yards. The police officer in this video has great situational awareness.

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.

Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel. Upon request, show police your driver's license, registration and proof of insurance.

Citizens can film or videotape police officers during their official duties as long as the individual filming does not interfere with the officer's ability to do their job. Filming or recording a police officer, so the officer knows it remains legal.

To prove self-defense, the petitioner was burdened to prove the essential elements thereof, namely: (1) unlawful aggression on the part of the victim; (2) lack of sufficient provocation on the part of the petitioner; (3) employment by him of reasonable means to prevent or repel the aggression.

Who has the burden of proof in self-defense? ›

Inevitably, while the burden of proof always lies with the prosecution in criminal proceedings, the burden of evidence shifts when an affirmative defense is raised by the accused, ie., self-defense in a homicide or murder case, or consensual sex in a rape charge.

Four elements are required for self-defense: (1) an unprovoked attack, (2) which threatens imminent injury or death, and (3) an objectively reasonable degree of force, used in response to (4) an objectively reasonable fear of injury or death.

Examples: an unarmed man punches Allen Alibi, who hits the attacker with a baseball bat. That is legitimate self-defense, but Alibi cannot chase after the attacker and shoot him or beat him senseless. If the attacker has a gun or a butcher knife and is verbally threatening, Alibi is probably warranted in shooting him.

The only fully legal self-defence product at the moment is a rape alarm. These are not expensive and can be bought from most local police stations or supermarkets.

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.

Therefore, you should always have something ready to use in a worst case scenario. Self defense products include rings, jewelry, pepper spray and stun guns, or lethal weapons such as knives and guns. Regardless of your preference for self defense tools, you should always have one readily accessible.

You may carry either openly or concealed. Irritant powder shotgun shells are prohibited, but baton/bean bag shells are not. A less lethal weapon (defined by 16780) cannot be sold to anyone under 18 (19405), except a stun gun may be purchased by some 16 or older with written parental permission.

FIRST: You must have a reasonable belief that your'e being attacked or about to be attacked. SECOND: Unless you are in your home, you must try to retreat (i.e., run away) before you can defend yourself. In other words, you need to try to retreat or run away or get away in any way you can, until you can't.

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.

What length blade is legal 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.

In the overwhelming majority of the incidents where an armed civilian fires a shot in self-defense, probably 70 to 90% of them are able to resolve the situation within 3 or 4 rounds, and usually closer to one or two rounds. Every once in awhile, the good guy fires more like 5 to 8 rounds.

California law prohibits any person from carrying an exposed and unloaded handgun in a public place or public street, if the place or street is in an incorporated city or city and county, or if it is otherwise unlawful to discharge a weapon in that location.

The use as a criminal weapon continued at least up until the early 1920s. Carrying or attempting to use a slungshot is a felony in the states of California, Oklahoma, Massachusetts, and Michigan.