Case Alert: Defendant Challenges Conviction of Possessing a Knife Under the Second Amendment. How’d That Work for Him?

By Ray Hill
Professor Emeritus, Santa Rosa Junior College

Legal Concept 

• Possession of a concealed dirk or dagger on a person does not violate the Second Amendment (21310 P.C.)

Facts: The defendant vandalized a vehicle by smashing a window with his scooter. He then stole a large knife from underneath the driver’s seat and fled the scene. Based upon the description, vicinity and seeing someone carrying a scooter, a Monrovia police officer attempted a detention. The defendant reached into his waistband and tossed the previously concealed knife to the ground (14 inches long with an 8-inch blade) and fled. He was pursued and arrested. The defendant was convicted of a violation of 21310 P.C. (among other charges) and sentenced to two years in the county jail. He appealed on grounds that this statute violates the Second Amendment right to bear arms.

Ruling: Confiction affirmed. California Penal Code Section 21310 is consistent with a group of laws prohibiting weapons that have been regulated due to their “dangerous and unusual nature” and potential for violence or crime. Section 21310 robustly supports by its nature the historical tradition of regulating concealed weapons.

Author’s comments: This case is identical in its ruling to Knife ....