Penal Code section 626.10 covers specified weapons and other items in particular school settings. The covered list changes between K–12 schools and colleges, and section 626.10 has several narrow exceptions. The exact subdivision on the citation or complaint, the type of campus, the identified item, and any claimed exception all matter. A campus access allegation under a different law does not by itself establish a section 626.10 item violation. (Penal Code § 626.10)
First identify the campus and the charged item
| Setting and provision | Items listed in section 626.10 | Important distinction |
|---|---|---|
| Public or private K–12 school grounds or within a school, § 626.10(a)(1) | Dirk, dagger, ice pick, a knife with a blade longer than 2½ inches, a folding knife with a locking blade, a razor with an unguarded blade, a taser or stun gun as defined by § 244.5(a), listed air-, CO₂-, or spring-operated devices that expel a metallic projectile, or a spot marker gun. | This is not a ban on every knife or object at every campus. The listed device categories have their own statutory definitions. |
| The same K–12 setting, § 626.10(a)(2) | A razor blade or box cutter. | This is its own paragraph. It is separate from the unguarded-blade razor listed in (a)(1). |
| Private university, University of California, California State University, or California Community Colleges grounds or within, § 626.10(b) | Dirk, dagger, ice pick, or a fixed-blade knife longer than 2½ inches. | The college list is narrower than the K–12 list. For example, (b) does not repeat the K–12 provisions for locking folding knives, box cutters, projectile devices, tasers, or stun guns. |
| Public or private college or university campus, § 626.10(i) | A less lethal weapon as defined by § 16780, or a stun gun as defined by § 17230. | This is a misdemeanor unless the college or university president, chancellor, or designee gave written permission. It is a different permission rule from the principal permission provision in subdivision (f). |
Subdivisions (a)(1) and (b) allow up to one year in county jail or imprisonment under Penal Code § 1170(h); (a)(2) allows up to one year in county jail; and (i) is a misdemeanor. The charging subdivision matters when assessing the potential consequences. The separate firearm rule in Penal Code § 626.9 is outside this page’s section 626.10 analysis.
A charge about coming onto campus after being told to leave raises different questions from a section 626.10 item allegation; see our California school-campus access answer. For a separate overview of general switchblade and concealed-knife rules, see our California knife-carrying guide.
Check the exact exception claimed
The statutory exceptions are limited by the item, school, person, and purpose described in each subdivision. Examples include:
- Subdivisions (a)(1), (a)(2), and (b) exclude duly appointed peace officers under the cited California definition; full-time paid peace officers of another state or the federal government carrying out official duties in California; people summoned by an officer to assist while actually assisting; and military members performing their duties. Check the exact opening language against the person and charge.
- Subdivision (c) covers certain listed knives, razors, blades, or box cutters brought or possessed at a specified K–12 school or private or state university or community college at the direction of a named faculty member or school employee for a sponsored activity or class. It does not create a general class or work exception for every listed item.
- Subdivision (d) addresses ice picks and specified knives, razors, blades, or box cutters used for a lawful purpose within the scope of employment in the settings it lists.
- Subdivision (e) applies only to subdivision (b): an ice pick or qualifying fixed-blade knife may fall within its exception for lawful use in an on-campus residence or residential facility, or in food preparation or consumption.
- Subdivision (f) applies only to subdivision (a). It excludes a person who brings the listed projectile or spot marker devices, razor blades, or box cutters onto K–12 school grounds with written permission from the principal or designee. That is not the written-permission provision for less lethal weapons or stun guns under subdivision (i).
The exception language in subdivisions (c) and (d) uses particular school descriptions, including “state university,” while subdivision (b) separately names UC and CSU. If the charge concerns a UC campus and one of those exceptions, counsel should compare the exact words and facts rather than assume the provisions match. (Penal Code § 626.10)
Organize records about the charge
For a charge review, identify the exact subdivision and organize material already available to you. Counsel may need to compare:
- the citation, complaint, and police report;
- the school or campus type and the stated location;
- how the item is described, along with photographs, measurements, or device-identification information where relevant; and
- any written permission, faculty or employee direction, sponsored activity or class record, employment duty, residence, or food-use facts tied to the specific exception being raised.
The item’s legal category can depend on what it is and what it can do, not just the label used in a report. In In re M.S. (2021), the Court of Appeal reversed a finding under subdivision (a) because the evidence did not establish that the particular device could temporarily immobilize a person as required by the referenced stun-gun definition. That was a device-classification issue on that record, not a general exception to the statute.
For a pending California criminal charge, the Law Offices of David S. Chesley can review the charging paper and records tied to the specific branch. Call (800) 755-5174 to discuss the case.