It is unlawful for any person to own possess, manufacture, give, lend, import, or offer to sell any prohibited weapon as listed in California Penal Code section 16590. Some of the most commonly encountered prohibited weapons include:
- short-barreled rifle/ short-barreled shotgun
- camouflage firearm container
- air gauge knife
- ammunition that contains a flechette dart
- ballistic knife
- belt buckle knife
- bullet that contains an explosive agent
- cane gun
- cane sword
- concealed dirk or dagger
- large capacity magazine (holds more than 10 rounds)
- lipstick case knife
- metal knuckles
- shobi-zue (a staff or rod concealing a knife which can be exposed with a flip of the wrist)
- shuriken (a star with projecting blades used as a missile in some martial arts)
- undetectable firearm
- wallet gun
- writing pen knife
- metal military practice grenade
- zip gun.
People in California are prohibited from possessing, giving, lending, manufacturing, selling, or importing these weapons. On January 1, 2012, the term "dangerous weapons" under Penal Code section 12020 was renamed "generally prohibited weapons" (now California Penal Code section 16590) and each weapon was given its own Penal Code section.
Penalties For Violating California's Prohibited Weapons Law
Breaking California’s laws on generally prohibited weapons is considered a "wobbler" offense. A wobbler is a crime that can be charged as either a misdemeanor or a felony, depending on the circ*mstances of the case and the person’s criminal history. A person can face the following for manufacturing, selling, or possessing a generally prohibited weapon:
- Misdemeanor conviction: Up to 1 year in county jail and/or a maximum $1,000 fine;
- Felony conviction: Up to 3 years in county jail or prison and/or a maximum $10,000 fine.
Legal Defenses
Like other gun and knife laws in California, the generally prohibited weapons law is full of exceptions and technicalities. A skilled California defense attorney can often use his or her experience to and skills to get charges dismissed or penalties minimized by showing:
- The weapon recovered was not a prohibited weapon;
- The person who was in possession of the weapon had no knowledge the weapon was a prohibited weapon;
- The person has a valid permit for the weapon that was recovered;
- The weapon recovered was found during an illegal search.
Defending Illegal Weapon Defendants in Los Angeles
If you are facing charges for manufacturing, selling, or possessing a generally prohibited weapon, you need skilled and experienced criminal defense attorneys to defend you against these charges. At Stephen G. Rodriguez & Partners, our lawyers are dedicated to aggressively defending against the charges and helping you secure the best possible outcome for your case. Let us put our 70 plus years of criminal law experience to work for you.
Contact our Los Angeles criminal attorneysto schedule your free consultation today.
As an expert in legal matters and law enforcement, I possess comprehensive knowledge regarding the California Penal Code and its statutes, specifically related to prohibited weapons and their regulations. My understanding extends to the definitions, classifications, and legal implications associated with these weapons under California law.
California Penal Code section 16590 specifically outlines the prohibited weapons, which include various items such as short-barreled rifles/shotguns, camouflage firearm containers, air gauge knives, ammunition containing flechette darts, ballistic knives, belt buckle knives, explosive agent-containing bullets, cane guns/swords, concealed dirks/daggers, large capacity magazines (holding more than 10 rounds), disguised items like lipstick case knives or writing pen knives, metal knuckles, shobi-zue, shuriken, undetectable firearms, wallet guns, zip guns, among others.
Moreover, I am well-versed in the legal consequences associated with violating California's generally prohibited weapons law, formerly known as Penal Code section 12020. This violation constitutes a "wobbler" offense, meaning it can be charged as either a misdemeanor or a felony, depending on case circ*mstances and the individual's criminal history. The penalties range from a maximum of 1 year in county jail and/or a $1,000 fine for a misdemeanor conviction to a maximum of 3 years in county jail or prison and/or a $10,000 fine for a felony conviction.
Furthermore, I am familiar with the various legal defenses available to individuals facing charges related to prohibited weapons. These defenses may include proving that the recovered item wasn't a prohibited weapon, lack of knowledge about the item being prohibited, possessing a valid permit for the recovered weapon, or demonstrating that the weapon discovery occurred during an illegal search.
In the event of facing charges for manufacturing, selling, or possessing generally prohibited weapons in Los Angeles, it's crucial to seek the assistance of skilled and experienced criminal defense attorneys. These legal professionals, such as those at Stephen G. Rodriguez & Partners, can leverage their extensive knowledge and expertise in criminal law to defend against charges and strive for the best possible outcome for your case.
Their seasoned attorneys, with over 70 years of collective experience, can provide legal counsel and representation tailored to your situation. If you're in need of defense against these charges, seeking a consultation with their team can help strategize the most effective approach for your defense.
It's imperative to seek legal advice promptly to ensure a comprehensive defense against allegations involving prohibited weapons under California law.
