Self-Defense Laws in California
In general terms, self-defense requires a reasonable belief that it is necessary to use force to protect oneself from the imminent use of unlawful physical force by another person. A person may only use reasonable force to protect themselves. The use of an excessive amount of force may result in criminal and/or civil liability. A person is presumed to have acted in perfect self-defense when they use reasonable force on another person when they have an honest and reasonable belief that they or another person are in imminent danger of being killed or suffering great bodily harm. No duty to retreat is required before using deadly force in self-defense . Under California law, a person may be required to retreat to avoid using force to prevent imminent bodily injury to themselves. However, a person does not have a duty to retreat if they are in their home and are not also engaged in criminal activity at the time. With the use of deadly force, there is never a duty to retreat whether in the home or elsewhere so long as there is not a reasonable means to escape without using deadly force. Since the law assumes that a home is a place of retreat, anyone who has any prior relationship or history with the persons involved may be considered a co-inhabitant.
Types of Legal Self-Defense Weapons
When it comes to self-defense weapons, the law in California is fairly straightforward. The legally permitted weapons fall into three main categories: pepper spray, stun guns, and personal alarms.
Pepper Spray
Pepper spray is one of the most commonly used legal self-defense tools in California. The so-called "noxious gas" causes the victim extreme pain in their skin, eyes, and lungs. This is a particularly effective way to defend yourself against a would-be assailant. However, the weapon is considered a matter of "self-defense," and you cannot use it to protect yourself in a situation where self-defense is not legally acceptable – such as using the spray when confronted by the police for any reason. Pepper spray is not lethal, and its use is not punishable by law.
Stun Guns
Stun guns are an alternative to pepper spray. They deliver an electronic shock to your assailant that temporarily incapacitates them. In California, the user of the stun gun is protected by law. If you are ever forced to use one on an attacker, the law will not penalize you for doing so. The assailant will be the one punished under the law for threatening you, or attempting to assault you.
Personal Alarms
Personal alarms are loud, shrill, high-pitched alarms that can be worn on a necklace or disguised as a keychain ring. When the pin is removed, it emits a piercing sound that is often enough to deter an attacker. While these alarms won’t protect you in the same physical way as pepper spray or a stun gun, they will help provide you with advanced warning of an approaching assailant, which is an important aspect of your self-defense.
Legal Restrictions and Regulations
Restrictions and Regulations: Each legal self-defense weapon in California has certain restrictions and regulations that must be adhered to in order to remain in compliance with the law.
Knives: There is no statewide restriction in California on the length of a knife blade. Knives have always been considered tools as well as weapons and courts have deemed them for use primarily as a tool, it is possible to carry any size knife blade concealed, open or in your vehicle without breaking the law. The only exception to this rule is written in California Penal Code Section 17350. Under this section, a person may not carry a "dirk" or "dagger," defined as "a knife or other instrument with or having a blade which may be used as a stabbing weapon that may inflict great bodily injury or death by penetration of a vital part of the body or by cutting." This is usually interpreted to mean a double-edged knife. So, a knife with a blade longer than 2 inches that is not a dirk or dagger can be legally carried by as long as it is out of reach (as in the trunk of your car). If it is in reach (like your glove box), it cannot exceed 2 inches. Note that there are potentially city and county restrictions on the length of knife blades, especially regarding switchblades.
Guns: In order to carry a gun without a license, you must be over 21 years of age. Additionally, there is a 10 round magazine limit for any pistol, revolver or other "firearm capable of being concealed upon the person."
Pepper Spray: Pepper spray is legal for any person over 16 years of age as long as the nozzle is equipped with a safety tap lock and the pepper spray can must not exceed 2.5 ounces.
Stun Guns: Stun guns are illegal for persons under 16 years of age, stun guns that resemble other objects (like a cell phone) are illegal and stun guns with an output of more than .2 microcoulombs are illegal.
Taser: Tasers are not illegal, although some companies like school districts and hospitals have banned their use.
Machetes: There is not a clear law regarding machetes, but many law enforcement agencies have considered them, legally, to be a "club" which is illegal to carry in California.
Illegal Weapons for Self-Defense
Carrying illegal knives for self-defense or carrying a firearm capable of concealing is not legally protected self-defense in California. This section of the blog post explains illegal knives and gun weapons in California for self-defense.
A prohibited knife is anything other than a white cane or a dog stick that the user holds like a cane or stick without using it as a weapon to cause injury. A knife can be on the list of prohibited weapons if it includes any of these blade types: A blade that opens automatically by hand pressure applied to the handle, any fixed blade of least 5 days, any blade of 2 inches or more that is measured from the tip of the blade to the collar, or any belt buckle knife. Examples of a prohibited knife are: When knives are used for self-defense, they can be illegal knives when they are prohibited and these prohibited knives are: Any dirk or dagger knife, a stiletto knife, a sword, a cane sword, a shuriken, any throwing star or any metal knuckles.
The switchblade knife is illegal in California unless it is an allowed switchblade knife with no more than a 2 inch blade length and made entirely in California . No switchblade knife can be in your locked car or closed container or be in your possession at a public function, meeting, gathering or event. No switchblade knife may be carried on your person or in a jacket, purse, backpack, bag, or satchel out of the home or work place.
The penal code allows a full-length switchblade knife with a 2 inch blade length only if it is made entirely in California, so the lock mechanism, pivot point, blade, rivets, handle or casing must be manufactured and assembled in California. If the switchblade knife was not fully made in California, it can only have a blade length of less than 1.5 inches.
The law says that no one may carry a concealed firearm on their person, on or about their person in a vehicle, or in public until they have obtained a concealed carry permit. Violation of the concealed carry law can be a misdemeanor or a felony. California has many gun weapons laws that include laws about assault weapons, machine guns, Zip Guns, Writs of Armalite, short-barreled shotguns and rifles, .50 BMG rifles, and .50 caliber firearms.
Practical Self-Defense Tips
For effective and lawful use of self-defense weapons in California, stay attuned to the following.
Pepper Spray: Familiarize yourself with laws, follow safety tips, carry spare canisters, know expiration date, choose the right capacity, buy quality brands.
Taser: Remember that people can die of cardiac arrest if shot with taser, check battery level, keep weapon secured, practice with taser for accuracy.
Knife: Use knife only as last resort (unless in serious physical danger); make sure knife is larger than 4 inches; carry knife concealed.
Expandable Batons: lawfully carry expandable baton by wearing it on duty belt or have it concealed in a purse, briefcase, or jacket; keep baton collapsed unless using it.
Pocket Knives: small knives used for minor cutting needs (e.g., packages, tape) while at work are generally not considered illegal blades; knife disarms cannot be performed against anyone carrying knife.
Legal Ramifications if Misused
Even when legally owned, brandishing a self-defense weapon during a confrontation can lead to legal consequences. For example, California Penal Code sections 417(a)(2) and (3) make it a crime to "draw or exhibit a deadly weapon" in the presence of a civilian or police officer, if you do so in a manner that "reasonably causes" the officer or another bystander to "reasonably apprehend" an immediate threat to his or her safety. If convicted of either of these misdemeanors, the minimum penalty is 30 days in the county jail and the maximum is one year in the county jail. In addition, a person convicted under PC 417(a)(2) or (3) must undergo a psychiatric examination or counseling as a condition of probation.
Violations of these statutes make exceptions for individuals who draw or exhibit weapons as part of a legal, licensed profession (e.g., police officers, military personnel, licensed security guards, private investigators, etc.), or as part of an "authorized activity" (e.g., hunting , lawfully carrying a weapon in a parade or shoot, or other activity exempt from registration requirements under state or federal law), or when a person who did so in self-defense was unable to retreat.
Furthermore, if found guilty of either offense, subsequent convictions for violating PC 417(a)(2) or (3 lead to increasingly severe penalties: A conviction of either infraction is punishable by a $250 fine. A misdemeanor conviction for either offense leads to misdemeanor probation, a fine of not more than $1,000, imprisonment in county jail for not less than 30 days and not more than one year, as well as a mental health evaluation by the court. If you commit a third or subsequent violation, your probation will be felony probation and you will be sentenced to state prison for 16 months, or two years or three years. In addition, subsequent misdemeanor convictions for violating PC 417(a)(2) or (3 "count as strikes" for purposes of California’s "three strikes law" and automatically subject you to a $10,000 fine.