Despite ongoing efforts across the United States to expand knife rights, California maintains strict regulations on certain types of concealed and deceptive knives. One such weapon is the air gauge knife, a rare but prohibited item under California law.
In this article, we’ll break down what an air gauge knife is, why it’s illegal, the penalties involved, and what defenses may be available if you’re facing charges related to one.
What Is an Air Gauge Knife?
According to California Penal Code Section 16140, an air gauge knife is defined as:
“An instrument that appears to be an air gauge but has concealed within it a pointed blade.”
In simpler terms, this is a deceptive weapon that:
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Looks like an air pressure gauge, often used in automotive or tire maintenance.
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Conceals a knife inside that is hidden from plain view.
These deceptive features make it especially dangerous, as it disguises a blade in an everyday-looking object. Because of this concealment, lawmakers have criminalized the possession, manufacture, and sale of it.
Why Are Air Gauge Knives Illegal in California?
California takes weapon safety seriously. As such, California Penal Code Section 20310 criminalizes the manufacture, import, sale, gift, loan, or possession of air gauge knives.
Additionally, Section 16590 PC lists air gauge knives among other prohibited weapons, such as:
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Ballistic knives
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Lipstick case knives
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Cane swords
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Shobi-zue
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Belt buckle knives
These weapons are deemed dangerous due to their hidden nature and potential for surprise attacks. The law aims to prevent such weapons from circulating in the public, reducing the risks of harm.
For a complete list of prohibited weapons under Section 16590, you can view the California Legislative Information website.
Illegal Actions Involving Air Gauge Knives Under PC 20310
California Penal Code 20310 makes it illegal to:
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Manufacture
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Import them into the state
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Sell or offer for sale
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Lend or give such knives to another person
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Possess them knowingly
Violation of these actions can lead to prosecution. Importantly, PC 20310 is classified as a “wobbler” offense, meaning the crime can be charged either as a misdemeanor or felony, depending on the situation and the defendant’s criminal history.
Penalties for Air Gauge Knife Violations in California
If you’re convicted of violating PC 20310, penalties can be severe.
Misdemeanor Charges:
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Up to one year in county jail
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Maximum fine of $1,000
Felony Charges:
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Up to three years in county jail
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Maximum fine of $3,000
The decision to pursue felony or misdemeanor charges often depends on factors such as prior criminal history, intent, and use of the weapon.
Legal Defenses Against Air Gauge Knife Charges
Facing charges related to an air gauge knife doesn’t automatically mean a conviction. Several legal defenses may apply:
1. The Item Is Not an Air Gauge Knife
You cannot be charged under PC 20310 if the item in question doesn’t meet the legal definition provided in Section 16140. If the object does not resemble an air gauge or does not contain a hidden blade, the charge may be dropped.
2. Exempt Status – Law Enforcement
Under California law, certain professionals, such as law enforcement officers, may be exempt from PC 20310. If you are a police officer or fall under another exemption category, you may be legally allowed to possess such tools for duty purposes.
3. Lack of Knowledge
Another common defense is a lack of knowledge. If you were unaware that the object you possessed was an air gauge knife or that it had a blade inside, your attorney may argue that you lacked the criminal intent required for conviction.
4. Necessity or Emergency
In rare circumstances, one might argue that possession was necessary due to a compelling reason, such as a self-defense emergency. This defense is difficult to prove but may apply in unique cases.
Why Are These Laws Important?
Weapons like air gauge knives are intentionally deceptive and potentially deadly. They can be easily smuggled or carried without detection, making them a concern for public safety. California’s strict weapons laws aim to prevent harm by controlling access to such disguised tools.
Understanding these laws helps ensure you don’t unintentionally violate them. If you collect knives or tools resembling weapons, it’s critical to verify whether they fall into any prohibited categories under state law.
Accused of Possessing an Air Gauge Knife in California?
If you’ve been charged with violating Penal Code 20310, you need experienced legal help. The consequences of a conviction could affect your freedom, finances, and future.
At KAASS Law, our skilled Glendale criminal defense attorneys are ready to help you understand your options and defend your case. We have extensive experience handling cases involving California weapons laws and can help craft a strong defense strategy.
📞 Contact us today at (310) 943-1171 for a free consultation or visit our Criminal Defense Practice Page for more information.
Get the Legal Help Today!
Air gauge knives may appear harmless, but under California law, they are treated as dangerous concealed weapons.
Whether you’re a knife collector, seller, or have unknowingly purchased a prohibited weapon, understanding these regulations is essential. When in doubt, consult with a qualified attorney to ensure compliance with California’s strict weapons laws.