OSKINS

Penal Code section 12020 makes it illegal to possess any of a long list of weapons. (All unlabeled statutory references are to the Penal Code.) Among them is a “dirk or dagger.” Subdivision (c)(24) of the statute defines those terms as “a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death.” The principal issue in this case is what, if any, mens rea is required for violation of this portion of the statute.

William S. Oskins appeals from his judgment of conviction by jury trial of possession of a dirk or dagger in violation of section 12020, subdivision (a). He argues that his conviction must be reversed because the trial court excluded evidence as to his intent and because the jury was not required to find that he acted with the necessary mens rea. He also argues that section 12020, subdivision (a) is unconstitutionally overbroad if it criminalizes wholly innocent conduct.

We agree with appellant’s arguments regarding the mens rea requirements of section 12020, subdivision (a) as amended in 1995. It follows that appellant should have been allowed to present evidence of his…