California has one of the strictest gun laws in the country regarding the possession of firearms and other weapons. Although the Second Amendment protects your right to own weapons, the state legislature has explicitly prohibited certain items under Penal Code 16590. Being charged with possession, production, or sale of these items may result in severe consequences, including hefty fines and prison time.
A conviction for PC 16590 not only affects your liberty but also leaves a criminal history that can make you ineligible for future jobs and deprive you of your right to bear arms under the Second Amendment. You cannot wait if you are under investigation or are actively charged. The legal team at CCLG: Los Angeles Criminal Attorney specializes in defending clients against complex weapons charges in Los Angeles. Connect with us to start developing a strong defense strategy tailored to your specific case.
The Comprehensive List of Prohibited Weapons in PC 16590
California Penal Code 16590 is an umbrella law containing over 26 sections of the California PC that prohibit certain weapons and items. The law does not apply to conventional firearms that one might reasonably expect to be illegal. It also extends to novelty items, vintage collections, and even self-defense products that you could have legally bought in another state or online.
The legislative purpose of such a ban is to remove from the streets weapons that can be deemed inherently dangerous due to their easy concealment or lack of legitimate self-defense or sporting use. In these cases, the prosecution must show that the specific item you held poses a threat to public safety. The law divides these items into several groups, each with its own technical definitions and legal traps.
Illegal Firearms and Modifications
The most closely scrutinized category under California PC 16590 involves firearms and modifications, which the state considers dangerous. A weapon that you think is a standard firearm may qualify as an illegal “short-barreled rifle or shotgun” based on particular measurements.
California law stipulates that a rifle whose barrel length is shorter than 16 inches or whose total length is shorter than 26 inches is not allowed. In shotguns, the barrel must be at least 18 inches long. When you own a gun that is below these thresholds, you are breaking the law, irrespective of whether you had any intention of using it.
Moreover, the law focuses on zip guns, which are homemade or improvised weapons not manufactured by a licensed company. Zip guns are typically improvised/homemade firearms that were not designed by a licensed manufacturer but are capable of firing live ammunition.
You should also know about the prohibition of cane and wallet guns. Any firearm that is wrapped in an object resembling a walking cane is a cane gun. Similarly, a weapon mounted in a case resembling a wallet is a wallet gun, especially if it can be fired without being removed from that case.
The main reason these are prohibited is their concealability. Also, the legislation strictly forbids undetectable firearms. These are weapons that lack sufficient metal to be detected by a standard walkthrough metal detector or an X-ray machine used at airports and other public buildings.
As 3D-printing technology has emerged, California has been more aggressive in charging individuals with the possession of ‘ghost guns’ (firearms lacking serial numbers) or guns that lack serial numbers and belong to this category and cannot be detected. You will be charged with a serious felony if you are caught with a so-called multi-burst trigger activator. This gadget accelerates the firing rate of a semi-automatic weapon to mimic an automatic weapon.
Unlawful Ammunition and Firearms Equipment
Your charges do not necessarily have to include a working gun; they can consist of the ammunition or accessories you have. California has introduced severe restrictions on ammunition that contains explosive agents. This covers any projectile containing an explosive or incendiary substance intended to detonate upon impact.
You may have bought them as collector’s items, but the state considers them military-grade equipment that should not be in civilian hands. In addition, the act prohibits so-called flechette darts, small, fin-stabilized metal projectiles intended to be fired from a shotgun or other firearm. These are banned because they can pierce body armor and inflict devastating damage.
You must also be aware of the limitations on “camouflaging firearm containers.” These are boxes used to hold a gun so it does not appear as a gun, but still enable the user to shoot it. If you have a briefcase or box modified to accommodate a hidden handgun with a remote trigger, you violate the main principles of PC 16590.
The prosecution does not have to demonstrate that you were intending to commit a crime using these items. All they need to do is prove that the equipment exists and that you have control over it. These items are usually technical in nature, and, as such, expert testimony at trial is often needed to establish whether the equipment falls within the legal definition of a prohibited device.
Banned Knives, Swords, and Martial Arts Gear
PC 16590 extends significantly into edged weapons and martial arts equipment. Suspects may be criminally charged for selling items openly as novelties or ornamental items. Among the most frequent offenses is that of cane swords. A cane sword is a walking stick or similar device concealing a removable blade.
Likewise, there is a ban on lipstick-case knives and writing-pen knives. These are small blades that are stored in containers that resemble cosmetic products or stationery. Another category of knives that the law targets is the belt-buckle knife, a knife that is built into a belt buckle with a blade length of at least two inches.
If you are a fan of martial arts, possession, manufacture, or sale of weapons such as shurikens or throwing stars is strictly prohibited. These are characterized as tools with no handles, meant to be thrown, and with several sharp edges.
Although they are long-standing in traditional martial arts, the laws of California consider them to be dangerous weapons. Moreover, the law prohibits “shobi-zue,” a staff that conceals a blade, which can be revealed by a mechanical gesture or a turn of the wrist. California law provides no exceptions for those who possess these weapons for martial arts training or dojo practice, regardless of their skill level.
Melee and Dangerous “Impact” Weapons
You may have heard of the prohibition of so-called metal knuckles, commonly referred to as brass knuckles. They are described as any gadget composed of metal or any other hard material that is strapped to the hand and aimed at adding strength to a punch. The state also bans the use of so-called leaded canes, which are walking sticks that are made heavy by adding weight in the form of lead or any other heavy substance to become dangerous bludgeons.
You should also be on the lookout for blackjacks, billy clubs, and sandbags. A blackjack is a small club, weighted at the head and covered with leather, and a sandbag or sand club is a bag of sand that is used as a weapon. Slingshots are also banned; they are weights attached to a cord or thong that are used as a striking weapon.
A slungshot is not a slingshot, as many people mix them up, and they are legally different. A slingshot is a flail with a weight on it. You may believe that it is a good measure to carry a heavy self-defense device, but in California, when such a device fits the description of such items in the law, you are breaking the law. The law presupposes that these are primarily meant to be used in criminal violence, and it is up to you to demonstrate the opposite by a well-thought-out legal defense.
What the Prosecutor Should Prove
To be found guilty of a crime of violation of Penal Code 16590, the prosecution must meet a particular burden of proof beyond a reasonable doubt. By just finding a weapon around you, you are not doomed to be convicted. The prosecution, led by the District Attorney’s office, should demonstrate two main factors:
- Proving that you produced, imported into the state, possessed to sell, sold, offered to sell, gave, lent, or possessed a generally prohibited weapon.
- Demonstrating that you knew that the item was a weapon or that it was of a nature that it could be a weapon.
The latter is one of the aspects where the most significant legal battles are held. Had you not known that the present given to you was a disguised cane sword, your lawyer could say that you did not have the necessary knowledge that would make you criminally liable.
Actual vs Constructive Possession
You should also know the difference between actual and constructive possession, because the prosecution can use either to secure a conviction. Actual possession occurs when an individual has direct, physical control over a weapon, such as holding it or carrying it in a pocket. For example, when you are patted down, and two metal knuckles are discovered in your pocket, you actually possess them. Nevertheless, the issue concerns constructive possession. This happens when you do not have the weapon, yet you have authority over the weapon, or you are in the location where it is stored.
For example, the police inspect your car and discover the trunk of the vehicle contains a short-barreled shotgun. Although you might not have been holding the gun, the prosecution will claim that you had constructive possession because you were the car’s owner and had the keys to the trunk. Constructive possession may also be joint; that is, more than one individual may be accused of the same weapon.
If a roommate has a forbidden weapon discovered in a shared space, such as the living room, you and your roommate might be charged. The defense attorney should seek to find evidence that can demonstrate that you did not have the item or that there was a third party who had the exclusive possession of the premises where the weapon was discovered.
The “Knowledge” Requirement
The most crucial element of the prosecution’s case is knowledge. The state is not required to prove that you realized the weapon was “illegal” under the law. All they need to do is prove that you possessed the item and knew that it had the qualities that qualify it to be a weapon. As an illustration, in case you have a lipstick case knife, the prosecution has to prove that you were aware that the lipstick case was actually a blade. They do not need to show that you were aware that carrying a lipstick case knife was against Penal Code 16590.
This forms a complicated legal criterion. You could defend yourself in case you thought that the object was not what it was. An example of this is when you bought a walking cane at an estate sale that was an antique and were never told it held a secret sword; you did not know the cane had any weapon-like features.
Nevertheless, the prosecution can use circumstantial evidence to establish knowledge. They may also examine your search history, what you told the police, or how the item was kept to claim that you must have known what it was. One must never talk to the police without an attorney, since what is said can be used to prove this vital component of understanding.
Who Can Lawfully Handle Prohibited Weapons?
Although the ban by PC 16590 is extensive, it is not absolute. Specific individuals and organizations can legally own these items under various statutory exemptions. One of these categories may be one you are not even aware of, which may cause your charges to be dropped. The most widespread exemption applies to law enforcement agencies and military personnel acting within the scope of their official duties. Also, they can be owned by forensic laboratories and court officials when they are provided as evidence or for testing.
You can also take a legal possession route to the arts or history if you are engaged in them. These items are usually allowed to be exhibited in authorized museums, historical societies, and institutional collections, provided they are stored in a secure environment. The entertainment industry also has a significant exemption. The law may protect you in case you are a licensed prop master or an actor and are using a weapon on a film or television set.
This, however, needs an entertainment firearms permit issued by the California Department of Justice. This permit allows entertainment firearms and permitted weapons to be used as props. The firearm exemptions can also cover you for the curio and relic, but they are highly technical, and you must possess specific federal licensing. Your lawyer needs to carefully examine your career history to determine whether any of these limited exemptions can be applied to your situation.
Punishment and Sentencing for PC 16590 Violations
Penal Code 16590 should be taken very seriously by you, as it is a wobbler offence in California. This implies that the prosecutor will be at liberty to prosecute you for either a misdemeanor or a felony. They will typically base their decision on two factors, which include the circumstances of the offense and your criminal history. If you have a clean record and the weapon is an antique, you are more likely to be charged with a misdemeanor. But when there is a history of violence or the weapon was a very dangerous firearm, such as a zip gun or a short-barreled gun, the prosecution will probably seek a felony.
The maximum sentence for a misdemeanor conviction is one year in county jail and a fine of up to $1,000. Although this is severe, a felony conviction is much more devastating. Under California’s realignment program, a felony offense may result in a sentence of 16 months, 2, or 3 years in county jail. Also, you might be fined up to $10,000. In addition to the direct jail term, a felony conviction has long-term collateral effects.
The privilege to own or possess any firearm will be denied to you forever. In the case of non-citizens, a conviction for weapons would be classified as a firearm offense according to the federal immigration law, rendering you deportable and inadmissible to the United States. Even a misdemeanor conviction can affect your capacity to get professional licenses, get a home, or even get a job in a profession that requires a background check.
Defenses to Prohibited Weapon Charges
In a case where you are charged with a forbidden weapon, you need to know that you have constitutional and procedural safeguards. The role of your defense attorney is to find the weak points in the case brought against you and present a narrative that leaves a reasonable doubt. We are not only looking at whether you had the weapon, but we are also looking at how the police acted and whether the item meets the legal definition prescribed in the statute. An effective defense may lead to the dismissal of all charges or to charges being reduced to a less serious crime that may carry less stigma or punishment.
Unlawful Search and Seizure
The Fourth Amendment to the U.S. Constitution is one of the most effective weapons in your arsenal since it guarantees you against unreasonable searches and seizures. You are supposed to know that the evidence could be suppressed in case the illegal search conducted by the police revealed the forbidden weapon. This implies that the prosecutor considers the weapon inadmissible in court. This usually occurs when the police make traffic stops or visit homes without a warrant and sufficient legal justification to search.
As an illustration, when a police officer stops you because of a broken taillight and goes ahead to search through your glove box without your consent or probable cause, anything that they find is the fruit of the poisonous tree. Your lawyer will present a Penal Code 1538.5 Motion to Suppress Evidence. Upon hearing this motion, the officer should give evidence of the reasons for performing the search.
If the judge decides that the officer was infringing on your rights, the evidence is suppressed. In most PC 16590 instances, when the weapon itself is suppressed, the prosecution has no case to make and must dismiss the charges. The police reports and any body-cam footage will be carefully examined to ensure that your constitutional rights were not violated during the investigation.
Lack of Knowledge or Momentary Possession
As we mentioned above, the prosecution must show that you were aware of the item’s nature as a weapon. One way of fighting the charges is to prove ignorance. This works exceptionally well for hidden weapons. The knowledge requirement can be overcome by demonstrating that you had a reasonable belief that the item was a typical household item. Moreover, you can claim the defense of momentary possession.
The defense is applicable when you only had the weapon in your possession for a very short time, and you only had the weapon to dispose of it or hand it over to the police. The following would be an example: suppose you had discovered a pair of brass knuckles in a park and were heading to a trash bin or a police station to dispose of them when you were pulled over; in that case, you did not have the criminal intent necessary to convict you.
To exercise this defense, you must prove that you did not intend to preclude the law enforcement officers from taking possession of the weapon and that you were not using the weapon with any illegal intent. This is a subtle defense that must be clearly demonstrated: that you had the intention at the time of possession.
Factual Innocence
Lastly, you can even claim that the object under consideration does not technically fit the legal description of a generally prohibited weapon. The California Penal Code is highly detailed regarding the size and nature of prohibited weapons. You cannot rely on the police officer to say that something is a short-barreled rifle or metal knuckles.
In most instances, a third-party professional can examine the product and conclude that it does not comply with the legal requirements. In another example, a piece of jewelry resembling a set of brass knuckles but composed of a soft substance that would shatter on impact may not be considered by the law to be metal knuckles.
Likewise, a rifle that has a barrel length of precisely sixteen inches is not illegal, even when the officer believes the barrel length to be less. We tend to consult ballistics and technical specialists to give the state a counteranalysis. If we can establish that the item in question is not a banned weapon as per the letter of the law, you are technically innocent of the charges.
Find a Criminal Lawyer Near Me
Prohibited weapons, under Penal Code 16590, pose a grave danger to your freedom and future. California prosecutes such crimes harshly, and defendants are usually left confused by the law. An arrest is not a conviction. It does not matter whether your case is about the misinterpretation of the law, an unlawful search by the police, or ignorance about what is in your possession; a defense that leaves no stone unturned is what you deserve.
At CCLG: Los Angeles Criminal Attorney, we have extensive experience with California’s weapons laws to safeguard our clients’ records and reputations. We offer the vigorous and informed defense needed to challenge the prosecution’s evidence and request the downgrading or elimination of charges. Do not take your future into your hands. Call us at 323-922-3418 to thoroughly review the case and build solid defenses.
