In California, prohibited weapons refer to a particular type of firearms, ammunition, and other devices that are illegal to produce, bring into the country, sell, or possess. On the surface, the rules may seem straightforward, with some weapons prohibited and others not. But the actual situation is much more complicated. Not every strange or altered gun is automatically classified as prohibited, and the law has subtle definitions that can be difficult for gun owners and ordinary citizens to understand.
Under California law, specifically under the Penal Code(PC)16590, a long list of weapons is regarded as generally prohibited. Each weapon listed is further defined and restricted by its statute, making careful compliance essential. These provisions are vital to individuals who possess or intend to possess a weapon. An honest mistake can lead to serious consequences, including criminal charges and severe penalties. At CCLG: Los Angeles Criminal Attorney, our criminal defense lawyers are prepared to offer experienced legal services, defend your rights, and take you through all the legal proceedings.
An Overview of a Prohibited Weapon in California
The weapon control policy of California is one of the strictest in the country. The laws are also meant to regulate not only the ownership of firearms but also to specifically prohibit certain types of weapons and accessories that are considered especially dangerous or easily concealed. Penal Code 16590 is a master list, which cites several other laws that specify these illegal items.
This forms a complicated system of laws that may be hard to follow without a clear idea of what is forbidden. Such limits apply to firearms and other types of ammunition, knives, martial arts weapons, and other tools that can cause damage. These laws aim to stop the spread of weapons widely employed in criminal acts by prohibiting their design, possession, and sale.
Types of Banned Firearms
California Penal Code 16590 explicitly prohibits various types of guns that are commonly defined by the ability to be concealed or designed in such a way that they are not easily identifiable as firearms.
As an example, a cane gun, as described in Penal Code 24410, is not legal to possess, make, or sell. Likewise, wallet guns, or firearms in a wallet-like case that can be shot while still in it, are outlawed by Penal Code 24710.
The legislation also applies to guns that cannot be identified immediately, which is a group defined in Penal Code 24510. This involves guns that are disguised as other items and thus pose a danger since they are deceptive.
Moreover, firearms that are not detected by standard metal detectors, such as those manufactured out of materials that standard metal detectors cannot detect, are prohibited by Penal Code 24610.
It is also prohibited in unconventional pistols, as specified in Penal Code 31500, which do not possess traditional features, and Zip guns are also banned under Penal Code 33600. These are improvised firearms made without a licensed manufacturer.
The law also outright prohibits short-barreled rifles and shotguns, under Penal Code 33215, because of their greater concealability and the likelihood of causing damage in close range. All these regulations are geared towards eliminating the firearms that are unique in their design and functionality, and thus dangerous to the general population.
Illegal Firearm Equipment and Ammunition
In addition to the guns, some ammunition and accessories of the guns are also banned under California law. Among them are large-capacity magazines, which can hold over ten rounds of ammunition, and it is illegal to manufacture, import, or sell them under Penal Code 32310.
The legislation also aims at ammunition that has a greater destructive power, like bullets that have explosive agents, which are prohibited by Penal Code 30210. Along with ammunition, some modifications of firearms and equipment are also prohibited. Multi-burst trigger activators, which enable a semi-automatic firearm to imitate automatic fire, are forbidden by Penal Code 32900.
Another deceptive equipment covered by the law is camouflaged firearm containers, which are constructed to hide a gun in a common-looking item, and which are outlawed by Penal Code 24310. These limitations are aimed at curbing the deadliness of guns and ensuring that people cannot bypass laws that are meant to control the ability and concealability of guns.
Banned Swords and Knives
California’s prohibited weapons laws are not limited to firearms only, but also a wide range of edged weapons, especially those that are easily carried around or used for surprise attacks. The most notable is the ballistic knife that can project its blade as a projectile, which is prohibited by Penal Code 21110.
Also, knives that are camouflaged as everyday items are strongly controlled. These are lipstick case knives that are forbidden by Penal Code 20610, writing pen knives that are forbidden by Penal Code 20910, and belt-buckle knives that are forbidden by Penal Code 20410.
Other banned edged weapons are stealthy and concealed. Cane swords, which hide a blade in a walking cane, are outlawed by Penal Code 20510. Air gauge knives, classified in Penal Code 20310, and shobi-zeus, classified in Penal Code 20710 as knives hidden in a staff or rod, which can be revealed with a flick of the wrist, are also prohibited by the law.
Moreover, the possession of a concealed dirk or dagger is a crime under Penal Code 21310, which indicates the overall attitude of the state to the regulation of weapons that can be easily transported and employed to commit crimes.
Unlawful Martial Arts Weapons
Besides the standard guns and knives, California law also outlaws some weapons that are usually linked to martial arts. The most famous of them is the nunchaku, or nunchuck, which you are prohibited from owning, producing, or selling under Penal Code 22010. The reason why this weapon is banned is that it can be used offensively with severe consequences.
The other type of illegal martial arts weapon is the shuriken, commonly known as a throwing star. These are weapons that are thrown and have many blades. It is prohibited under Penal Code 22410.
The limitations on such martial arts weapons are aligned with the larger legislative purpose of restricting the availability of weapons that are not only meant to be used in combat but also capable of causing serious injury to the public.
Other Prohibited Weapons
The list of banned weapons in California goes further to include a range of other items that are intended or have the potential to cause severe harm. This involves metal or brass knuckles, prohibited under Penal Code 21810. A variety of blunt-force weapons, including leaded canes, batons, billy clubs, blackjacks, saps, and sandbags, are also prohibited by the law under PC 22210.
Moreover, the ownership of some explosive devices is highly controlled. Penal Code 19100 outlines that it is unlawful to possess concealed explosive materials other than fixed ammunition.
Penal Code 19200 also outlaws metal replica grenades or metal military practice grenades because they could be confused with live explosives and trigger panic or be adapted to criminal activity. The regulations are an all-inclusive attempt to eliminate a vast range of harmful weapons in the market.
What the Prosecution Must Prove According to Penal Code 16590
The contravention of Penal Code 16590 is not merely the possession of a banned item in your presence. The prosecution will have to demonstrate certain aspects of the crime beyond a reasonable doubt, which depends on the notions of knowledge and possession.
These legal standards are essential for any person who is charged under PC 16590 because they are the basis of any defense mechanism. The legislation is aimed at punishing the individuals who know that they are handling a lethal weapon, but not those who might have accidentally encountered such an object. Understanding what is defined as knowing possession can be a significant factor in the outcome of your case. Also, the difference between various forms of possession is a significant factor in such legal proceedings.
The Element of “Knowingly”
To be convicted of Penal Code 16590, the prosecution must prove that you have acted knowingly. This implies that they should demonstrate that you knew the existence of the object and that you knew that it was a weapon or could be turned into one. The prosecution does not need to demonstrate that you were going to use the item to commit an illegal act, but instead, the knowledge you possessed that it was a weapon.
This aspect of knowledge is a key area of dispute in a criminal case. As an example, when you buy an old cane, which, without your knowledge, contains a sword, then you might have an excellent defense. In this case, you never had a prohibited weapon in your possession knowingly since you did not know about the concealed blade. The fact that you thought you were just purchasing a walking stick would be the nullification of the element of knowledge needed to make a conviction.
Defining “Possession”
When it comes to the prohibited weapons laws, the term possession can be understood in two different ways: actual and constructive. Actual possession is defined as being in possession of the weapon or being in immediate control of the weapon. This may be keeping it in your hand, in a backpack, or in your pocket. It is the simplest type of possession and can be easily proven by the prosecution.
Constructive possession, however, is a more subtle definition. It implies that you might not physically possess the weapon, but you are entitled to possess it, or you are a co-possessor of the weapon.
As an example, when an illegal gun is discovered in a household where you live with a partner, then you may be considered to possess it constructively, despite the fact that your partner may own the gun. The point is, you knew that the weapon existed, and you could access and control it. Another factor to consider is that the weapon must not be operational to be convicted; even a prohibited weapon that is not operational can result in criminal charges.
Exemptions to Prosecution Under Prohibited Weapons Laws
California laws regarding banned weapons are comprehensive but not absolute. The legislature has acknowledged that there are legitimate reasons why some people and organizations would need to have or handle these items in a given situation.
Consequently, Penal Code 16590 contains a number of exemptions that protect some parties against prosecution. These exceptions are particular and are only applicable in cases where the use of a banned weapon is necessary in the line of duty, education, or the safety of the community.
Among the key exemptions are the law enforcement agencies. Federal, state, and local law enforcement agencies may sell, transfer, and possess prohibited weapons to be used by the agency. This enables the officers to be furnished with the tools to carry out their work. Likewise, the laws do not apply to forensic laboratories so that they can possess and examine banned weapons during criminal investigations.
The exemptions also cover certain cultural and entertainment-related activities. As an example, martial arts schools have been allowed to own nunchakus to train with. Furthermore, the film, television, or video production of unloaded prohibited firearms or firearm equipment is permitted, if all safety measures are observed. This exemption acknowledges the fact that the entertainment industry requires realistic props, but the safety of the people must also be considered.
Also, some institutions that focus on the preservation of knowledge and history are exempt. Museums, historical societies, and libraries are allowed to have prohibited weapons as collections, provided they are securely stored and (with firearms) unloaded. It also exempts those who are in the act of handing over a banned weapon to the police, which promotes the safe disposal of these weapons.
Possible Punishment in a Prohibited Weapons Conviction
A conviction of a weapons law violation that is prohibited under Penal Code 16590 has serious and possibly life-changing consequences. The circumstances of the case, your criminal background, and the will of the prosecution determine the harshness of the outcome. The offense may be charged as a misdemeanor or a felony, and a conviction may affect your freedom, money, and basic privileges.
In addition to the direct legal consequences, there are the collateral consequences of a conviction that may last a long time and impact your capacity to obtain a job opportunity, housing, and even remain in the country. It is vital to be aware of all the possible punishments in case you are charged with such crimes.
Felony vs. Misdemeanor
The breach of PC 16590 is a wobbler offense, and it implies that the prosecutor can either file the charges as a misdemeanor or a felony. This is determined by the facts of the case, the nature of the weapon, and your criminal history.
In case of a misdemeanor, you may be sentenced to one year in jail and a fine of up to $1000. This is the milder of the two options; however, it is a serious charge that will lead to a criminal record.
However, when you are found guilty of a felony, the punishments are much more severe. The judge could convict you to serve 16 months, two years, or three years in prison, and a fine of up to $10,000 can be imposed as a result of a felony conviction.
The decision to treat the crime as either a misdemeanor or a felony is a significant crossroad in the court proceedings and may significantly affect the final verdict of your case.
Other Aftermaths of a Conviction
If you are a non-citizen, a conviction, especially of an aggravated felony, may have dire immigration effects, such as deportation or being labeled as inadmissible to the United States. The exact effect on your status as an immigrant will be determined by the type of crime and the outcome of your case.
Moreover, the conviction of a felony on a forbidden weapons charge will lead to the loss of your Second Amendment rights. California Penal Code 29800 prohibits the ownership, possession, purchase, and handling of firearms permanently by convicted felons. This is a significant and irreversible implication that may impact your capacity to engage in hunting, sport shooting, or self-defense.
Although there is a possibility of expunging your conviction under Penal Code 1203.4 upon completing your sentence and probation, it does not automatically restore your right to own a gun.
Defenses to Penal Code 16590 Violation Accusations
Being accused of possessing, producing, or selling a generally prohibited weapon according to California Penal Code 16590 can be detrimental. But an arrest does not necessarily imply a conviction. It is possible to minimize the charges or dismiss the case entirely with the proper defense strategy. An experienced criminal defense lawyer will scrutinize the situation and question the prosecution’s evidence. Some of the best defenses that can be used in such cases are as follows:
Legal Exemptions
The California legislation acknowledges the fact that some individuals and groups are legally allowed to own weapons that would have otherwise been restricted. Some of the people who may be exempted include law enforcers, forensic laboratories, museums, and the film industry. If you fit into one of these categories or were using the weapon due to an exempted purpose, your case could be dismissed.
Illegal Search
The evidence should be gathered legally. When the police infringe constitutional rights in the course of an investigation, it can destroy the case. As an example, the police search without a valid warrant, the Miranda rights are not read, or coercion of the accused to make statements. If the police misconduct is established, all evidence gathered in the course of such an illegal act can be excluded in court. Although this does not necessarily mean dismissal, it may significantly undermine the prosecution.
The Firearm was Not a Prohibited Weapon
The law specifies a list of weapons to which Penal Code 16590 applies. If the object under consideration does not fit the legal definition of a prohibited weapon, the charge cannot stand. As an example, your lawyer could argue that you were in possession of antique or replica firearms, some collector items, or weapons that do not meet the statutory requirements.
Lack of Knowledge
The prosecution should demonstrate that you were aware of the possession, manufacture, or sale of the illegal weapon. If you did not know what the item was, you should not be convicted. As an example, an individual who purchases a cane that has a hidden blade (a shobi-zue) without knowing it is a weapon has not committed a crime under PC 16590. Lack of knowledge can thus be a strong defense to prove.
Illegal Search
The evidence should be gathered legally. When the police infringe constitutional rights in the course of an investigation, it can destroy the case. As an example, the police search without a valid warrant, the Miranda rights are not read, or coercion of the accused to make statements. If the police misconduct is established, all evidence gathered in the course of such an illegal act can be excluded in court. Although this does not necessarily mean dismissal, it may significantly undermine the prosecution.
Formal Authorization and Licensing
In addition to exemptions, there are individuals with formal licenses that permit them to deal with specific items. As an example, under strictly controlled conditions, licensed firearm dealers can be allowed to sell or carry magazines with a greater capacity than the standard one. If you are able to demonstrate that you were working within the confines of an official license or authorization, the charges might not be applicable.
Entrapment
Entrapment happens when police coerce or manipulate an individual to commit a crime that the individual would not have committed. You could argue that you are a victim of entrapment if an officer makes a person sell or even possess a prohibited weapon; the defense can claim that it was not a voluntary act. It is essential to determine whether the person was convinced to engage in illegal activities and not take the initiative.
Insufficient Evidence
The prosecution has the burden of proof. Unless they are able to prove every aspect of the crime beyond a reasonable doubt, you cannot be found guilty. Inconsistencies in witness statements, problems with how evidence was handled, or other gaps in the state’s case can be used to question witnesses’ reliability and weaken the prosecution’s case.
Find a Gun Crimes Defense Lawyer Near Me
It is critical to learn about the stringent prohibited weapons laws in California because breaches may result in hefty fines, lengthy jail terms, and even the loss of significant rights. The distinction between a felony and a misdemeanor is often determined by the circumstances of your case, which is why expert legal advice is essential. The law is complicated and requires a calculated defense, starting with the definition of what is considered a prohibited weapon and continuing with the brandishing charge. A conviction may severely affect your future, and therefore, having a qualified attorney to represent you is essential.
At CCLG: Los Angeles Criminal Attorney, we have experienced criminal defense lawyers who are willing to defend you and fight on your behalf. Contact us today at 323-922-3418 to schedule a free consultation on your prohibited weapon charges.
