California Penal Code 626.10: Weapons, Exemptions, and Penalties

California Penal Code 626.10 is the state law that bans specific weapons — knives of certain types, stun guns, tasers, air-powered projectile devices, spot marker (paintball) guns, razors, and box cutters — on school grounds. The prohibited list and the penalties are not the same for K-12 campuses and college campuses, and the statute does not cover actual firearms. Those are handled separately under Penal Code 626.9.¹

What Is Banned on K-12 Grounds

The statute splits K-12 prohibited items into two tiers. The first tier, under subdivision (a)(1), covers the more serious category:²

Dirks, daggers, and ice picks
Knives with a blade longer than 2½ inches (fixed or folding)
Any folding knife with a locking blade, regardless of blade length
Razors with unguarded blades
Stun guns and tasers
Air-powered projectile devices that fire BBs, pellets, or similar metallic projectiles using air pressure, CO2, or spring action
Spot marker (paintball) guns

The locking-blade rule catches people off guard. A small folding knife with a 1½-inch blade is legal to carry in most public places in California, but if that blade locks open, it is illegal on K-12 grounds. The lock is what matters, not the length.

The second tier, under subdivision (a)(2), covers razor blades and box cutters. These items carry a lower penalty than first-tier items.³

What Is Banned on College and University Grounds

The college list is shorter. Section 626.10 reaches the University of California, California State University, California Community Colleges, and private universities and colleges.²

Under subdivision (b), the prohibited items on these campuses are limited to dirks, daggers, ice picks, and knives with a fixed blade longer than 2½ inches. Folding knives, even locking ones, are not covered by subdivision (b). Air-powered projectile devices and spot marker guns are not covered either.³

Stun guns and less lethal weapons on college campuses are handled by their own provision. Subdivision (i) makes it a misdemeanor to bring a stun gun or less lethal weapon onto a public or private college or university campus without written permission from the president, chancellor, or their designee.³ So stun guns are banned at both K-12 and college campuses, but the college version is always a misdemeanor and allows an exception for written authorization.

Who Is Exempt

Several categories of people and situations are carved out of the prohibition.

Law Enforcement and Military

Subdivisions (a) and (b) exempt California peace officers, full-time paid peace officers from other states or the federal government performing official duties in California, people summoned by an officer to help make an arrest, and active-duty members of the U.S. or California military forces.²

School-Directed Activities

Subdivision (c) allows a knife with a blade over 2½ inches, an unguarded razor, a razor blade, or a box cutter on campus when a faculty member or school employee has directed the person to bring it for a school-sponsored activity or class.³ Art classes, culinary programs, and theater productions fit here.

Campus Employment

Subdivision (d) exempts anyone who needs a knife, ice pick, razor, or box cutter for a lawful purpose within the scope of their job on campus. Custodians, maintenance workers, and cafeteria staff are the typical examples. The item must be used for its work purpose, not simply carried.³

Residential and Food Preparation Use at Colleges

Subdivision (e) is specific to college and university campuses. Students or staff living in on-campus housing can possess an ice pick or a fixed-blade knife over 2½ inches for lawful use in or around the residence or for food preparation.³ A college student keeping a chef’s knife in a dorm for cooking fits this exemption.

Written Permission on K-12 Grounds

Subdivision (f) lets a K-12 principal or designee give written permission to bring BB guns, pellet guns, spot marker guns, razor blades, or box cutters onto campus.³ This written-permission exception does not reach knives, daggers, or stun guns on K-12 campuses.

Penalties

Severity depends on which subdivision was violated.

Wobbler Offenses

Violations of subdivision (a)(1) — the first-tier K-12 items — and subdivision (b) — fixed-blade knives and similar items on college campuses — are wobblers. A prosecutor can charge either a misdemeanor or a felony based on the circumstances and the defendant’s record.³

As a misdemeanor: up to one year in county jail and a fine of up to $1,000.
As a felony: 16 months, two years, or three years in state prison and a fine of up to $10,000.

Misdemeanor-Only Offenses

Razor blades and box cutters on K-12 grounds under subdivision (a)(2) are always a misdemeanor, capped at one year in county jail.³ A stun gun or less lethal weapon on a college campus under subdivision (i) is also a straight misdemeanor. Neither can be charged as a felony.

What 626.10 Does Not Cover

Section 626.10 does not reach firearms. Firearms on school grounds fall under Penal Code 626.9, which carries steeper penalties: two, three, or five years in state prison for possession on K-12 grounds, and two, three, or four years for a loaded firearm on a college or university campus without written permission from the president or chancellor. Section 626.9 also extends to a 1,000-foot radius around K-12 school grounds, which is broader than 626.10’s limit to the school grounds themselves.¹

For noncitizens, the federal firearm deportation ground under 8 U.S.C. § 1227 is tied to firearms and destructive devices as defined in federal law, and does not automatically reach the non-firearm weapons that make up most of 626.10’s list.⁴ A felony 626.10 conviction can still create immigration exposure through other grounds, such as a crime involving moral turpitude or a crime of violence if a one-year sentence is imposed. Any noncitizen facing a 626.10 charge should talk to an immigration attorney before resolving the case, because a plea that looks minor in criminal court can carry immigration consequences that cannot be undone.

1
California Legislative Information. California Penal Code 626.9
2
California Legislative Information. California Penal Code PEN 626.10
3
California Legislative Information. California Penal Code 626.10
4
Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens