The law in California prohibits certain weapons, and when found possessing them, you are severely punished. The law outlines the categories into which these weapons fall and whether owning them is illegal or legal. The laws about prohibited weapons are strict. So, a conviction for this offense attracts severe penalties.

When you or a loved one violates the law, you want to seek legal help from a competent attorney immediately. A criminal defense attorney will help you understand the laws about prohibited weapons and also help you develop a defense strategy.

At California Criminal Lawyer Group, we have a vast knowledge of handling prohibited weapon cases in California. We do everything possible to ensure you obtain a favorable outcome for your case. If you seek legal services in Bakersfield, do not hesitate to work with us.

The Elements of California Penal Code 16590

The prosecutor must prove two key elements before you face conviction for possessing a prohibited weapon. These elements are:

  • Knowingly

To act knowingly means you did the activity knowingly of its consequences. You could be considered guilty under this term when you know that the item you are handling is a weapon or can be used as a weapon.

The prosecutor does not necessarily need to prove whether you wanted to use the weapon as a weapon. The prosecutor needs only prove you knew the alleged object was a weapon or could be utilized as a weapon.

Because many weapons in California are prohibited, it is essential to know how firearms are defined. A gun is a device designed as a weapon with dischargeable projectiles. The guns discharge the projectiles through the barrel after the combustion or explosion.

  • Possession

According to California law, possession can be actual, constructive, or joint. Actual possession means you own the gun or have immediate access to it. The firearm might be in you or something you carry or wear, like a purse or backpack. Constructive possession means you do not have direct access to the gun but control it or have the right to use it.

According to California laws, an adult can legally possess a gun, a conventional pistol, conventional ammunition, revolvers, or rifles under strict laws. However, it is an offense to manufacture, sell, or possess a legal weapon when you:

  • Are a child.
  • A drug addict.
  • Have a previous felony conviction.
  • Suffer from mental sickness.

Illegal Activities Involving Prohibited Weapons and Guns in California

In California, it is against the law to do any of the following activities knowingly:

Manufacture

Manufacturing or modifying prohibited weapons is illegal in California. You are guilty of violating the law when you modify a firearm to change its initial state to another state. As mentioned in California laws, manufacturing any prohibited weapon is against the law.

Offering to Sell

The law disallows you from selling many of the prohibited weapons. You face the charges regardless of whether you are the one who manufactured the weapon or another person. Selling the gun to a third party is illegal.

Importing to California

If you know a certain weapon is prohibited in California, bringing it there is illegal. Therefore, when law enforcement officers find you possessing the weapon within California, you face charges of breaching the law.

Possession

When a certain weapon is prohibited in California, having or possessing it is illegal.

Lending

When you possess any of the above-prohibited weapons, it is unlawful to lend the weapon to another person, regardless of how the person will use it. Both you and the receiver can face conviction for owning the weapon.

The Legal Penalties for Violating PC 16590

California law has strict penalties when you are guilty of violating a particular statute, as described by PC 16590. The prosecutor can prosecute the charge as either a felony or a misdemeanor. To prosecute you, the prosecutor looks at your criminal background and the nature of the offense.

When your first offense and the accusations against you relate to a metal replica, hand grenade, or hand grenade for military practice, you face a misdemeanor charge. The penalties are severe when you are an active member of a gang group. When facing a misdemeanor charge, possible penalties include:

  • Misdemeanor probation.
  • Jail term.

When the prosecutor decides to file a felony charge, you face the following penalties:

  • Formal probation.
  • 12 months jail term.
  • If the court does not issue probation, you serve a jail term between 16, 24, and 36 months.

Immigration Consequences

If you are an immigrant and face charges for violating PC 16590, you can face deportation and be marked as inadmissible. However, when you work with a skilled immigration attorney and do not commit violence during the commission of the offense, you can skip the charges.

Gun Rights

When the court finds you guilty of violating the law, you automatically lose your right to have or own a gun if the conviction involves a felony charge. The ban is usually a lifetime ban. You can only restore your rights when the court reduces your case to a misdemeanor charge.

Professional License

To use a firearm in California, you must have a professional license. A felony conviction results in the revocation of your license and the denial of renewal. If this was your only way to make a living, you might find it difficult after the conviction.

Exempted Weapons and People from Prosecution

According to the law, certain situations and people are exempt from prosecution for possessing prohibited weapons in California. Therefore, if you belong to this category, you cannot face conviction even if the police find you possessing the gun. The people and situations exempted by the law are:

  • Police officers who have received, bought, or kept the weapon.
  • If you are the owner of an antique shop and you have ammunition or a gun at your shop.
  • If you possess a weapon at the school as a teaching resource.
  • Forensic laboratories that possess these weapons.
  • Persons turning in the prohibited weapon to law enforcement officers.
  • People in the entertainment sector use unloaded guns to produce a movie, video production, or TV show.
  • Historical sites, museums, or libraries with these prohibited weapons.

Generally Prohibited Weapons

In California, the prohibited weapons are outlined in PC 16590. The statute is sometimes known as the possession or sale of deadly weapons. The weapons outlined under this law are unlawful under several sections. The prohibited weapons appear under various categories, as discussed:

Prohibited Swords and Knives

  • Concealed daggers or dirks - PC 21310.
  • Air gauge knives - PC 20130.
  • Ballistic knives - PC 21110.
  • Cane swords - PC 20510.
  • Belt buckle knives - PC20410.
  • Writing pen knives - PC 20910.
  • Throwing Stars (Shuriken) - PC 22410.
  • Lipstick case knives - PC 20610.

Prohibited Firearm Equipment and Ammunition

  • Camouflage gun containers.
  • Bullets containing an explosive agent.
  • Bump stock or multi-burst trigger activator.

Prohibited Martial Art Weapons

  • Shurikens – PC 22410.
  • Nunchakus – PC 22010.

Short-Barreled Firearms and Rifles - PC 33215

A short-barreled rifle is a weapon with barrels shorter than sixteen inches or a rifle with an entire length of less than 26 inches. The weapons are also known as sawed-off guns. In California, it is illegal to do any of the following with a shotgun or short-barreled rifle:

  • Possess.
  • Manufacture.
  • Keep or offer them for sale.
  • Give or lend them.
  • The import then to the state.

 Undetectable Weapons – PC 24610

Undetectable weapons are also known as plastic or ceramic guns. These are firearms that the metal detector cannot detect. When law enforcement officers arrest you in possession of these undetectable firearms, you face a misdemeanor charge based on the nature of the case. The penalties for the offense include a 36-month jail term.

Firearms not Easily Recognized as Weapons – PC 24510

According to PC 24510, it is unlawful to manufacture, keep, offer, expose, lend, possess, or sell any weapon that is not easily recognizable as a firearm. The prosecutor can file the offense as either a felony or misdemeanor based on the nature of the offense.

Unconventional Pistol – PC 31500

Other Weapons

Apart from the weapons described above, the following are also prohibited in California:

  • Brass knuckles – PC 21810.
  • Loaded canes – PC 22210.
  • Replica or real grenades – PC 19200.
  • Sand clubs, sandbags, baton, slungshot, blackjacks – PC 22210.

 The Legal Defenses to Fight a PC 16590 Charge

When you face prosecution for manufacturing, possessing, or using a prohibited weapon, it does not necessarily mean you will face conviction. You can contest the charges. Your criminal defense attorney can challenge the charges to have the court reduce or dismiss them using relevant defenses.

The attorney must be well conversant with the California legal process for a smooth legal process. The following are the common potential defenses your attorney can use to fight the charge:

The Alleged Weapon is not Prohibited in California

The weapon in question is outlined in California PC 16590. So, if the weapon is not mentioned in the statute, you can face conviction. For example, when you possess a Queen Anne Flintlock in California, you cannot face a conviction for possessing a prohibited weapon. The weapon has a 13-inch barrel, which falls outside the required measurement of 26 inches. This defense can work best if you find yourself in a similar situation.

Police Misconduct

Police officers may violate your constitutional rights during your arrest for several reasons. Several types of police misconduct may include unlawful seizure and searches and failure to read your Miranda rights. The law requires the police to read your Miranda rights during your arrest. The officers violate your rights when they fail to read you the Miranda rights. So, if this is your case, you want to collect relevant evidence.

When it comes to illegal seizures and searches, many law enforcement officers search your premises without a court warrant. In this case, any evidence the police collect through illegal seizures and searches cannot be accepted by the court.

Note that if your case involves police misconduct, it does not necessarily mean you cannot face conviction. The court can proceed with the case using the available lawfully collected evidence.

Lack of Knowledge

Before you face conviction, the prosecution team must demonstrate you sold, manufactured, or possessed the prohibited weapons. Therefore, when you do not know the nature of the firearm you posed for or bought, you can face conviction under PC 16590. For example, when you buy a six-inch steel blade without knowing it, you cannot face conviction for possession of prohibited weapons.

Police Entrapment

Police entrapment can occur when the police try to coerce you into committing unlawful conduct. When coercion leads to the commission of the offense, the court cannot consider this criminal activity. Your criminal defense attorney can argue that you were not willful in committing the offense.

Formal Authorization

Apart from the people exempted from carrying a weapon, the law also authorized several others. Remember, several people authorized to carry weapons are not outlined under California PC 16590. For example, the Department of Justice allows licensed firearm dealers from other states to deal with firearms dealers.

Therefore, the court cannot consider any allegations about prohibited weapons when the dealer is a licensed and approved gun dealer. But you can still face conviction under another statute when arrested for unlawful use of weapons.

Insufficient Evidence

The prosecutor must have sufficient evidence to support the claim that you possess prohibited weapons. The court can dismiss the case when they discover the evidence is not sufficient or was collected illegally.

Misconduct in the Prosecution

The prosecution team has the role of providing evidence to the court where you are. So, when the court discovers wrongdoing in the legal process, they can dismiss the case. Instances can occur when the prosecutor attempts to inflict harsh penalties without sufficient evidence.

Momentary Possession

When you briefly possess a firearm, you can face a conviction for possessing a prohibited weapon. These situations might arise when you unknowingly purchase the weapon, realize it is unlawful, and return it to the seller. When you return the weapon, law enforcement officers can arrest and prosecute you for possessing a prohibited weapon. When you find yourself in a similar situation, you must provide evidence to prove you briefly owned the weapon. The court will choose to drop the charges.

Expungement of Your Criminal Record

The criminal court judge sentences you to the above penalties when you are convicted of violating the law. The law allows you to delete your criminal record after serving your probation term. After finishing your probation, you can file a petition through your attorney to have the criminal record expunged.

The prosecution team may attempt to challenge your petition. However, your attorney will do everything possible to ensure you delete the criminal history. The criminal record is deleted when the criminal court grants your petition. But when convicted of a felony charge, you cannot restore your gun rights even after deleting the criminal record.

Having your criminal record deleted is essential to your personal life. If you have a criminal record, you face many challenges in your daily life. For example, finding a new job becomes difficult when you have a criminal record. Again, when you want to rent an apartment or house, a potential landlord will deny you the chance to do so.

Note that a criminal record is a matter of public accessibility or knowledge. When the record is not deleted, your potential landlord, college, or employer can see it. Deleting criminal records will give you the same opportunity as others without a conviction. The judge has discretion over your expungement, meaning your criminal defense attorney must convince the judge to grant you the expungement.

Other Crimes Charged Alongside California PC 16590

Many offenses relate to PC 16590. Most of these offenses are either charged together with California PC 16590 or separately. Instead of facing a conviction for possession of prohibited weapons, the judge can also reduce the charge to another similar charge. These crimes are: 

     1) Carrying Concealed Weapons – California PC 25400

Carrying a concealed weapon in California involves carrying a revolver or pistol in your vehicle. Before you face conviction for the crime, the prosecutor must prove the elements of the crime. The elements include:

  • You had a hidden gun in something you were wearing.
  • The alleged firearm you were traveling with was hidden.
  • You were aware that you were carrying a concealed weapon.

According to California PC 25400, carrying a concealed weapon is criminal. When you violate the statute, you face a misdemeanor or felony charge. When a misdemeanor is charged, the possible penalties include a 12-month jail term, and the judge can also inflict summary probation.

When your case involves aggravating factors, you can face prosecution for a felony charge. The potential penalties include the following:

  • Felony probation for at least 12 months.
  • A jail term of 16, 24, or 36 months.

Carrying a hidden offense in California is a serious offense. The crime carries an extensive jail term. You also have a criminal record in your criminal history. Fortunately, with the help of a competent criminal defense attorney, you can fight the charges. The defenses include:

  • The alleged weapon was locked in your vehicle.
  • You did not know about the presence of the weapon.
  • You had a valid license to carry the weapon.
  • You carried the gun within your residence or business.

     2) Carrying a Loaded Weapon in Public – California PC 25850

According to the statute, you can face conviction when you carry a loaded weapon in public. The statute makes it unlawful to:

  • Carrying a stolen weapon.
  • Have a loaded gun when you are not a registered owner.
  • Carrying a firearm while you are an active member of a gang group.

Like in other criminal cases, the prosecutor must prove the elements of the crime before you face conviction. If the prosecutor finds it difficult to prove the elements, you cannot face conviction. The elements include:

  • You knew you were carrying the weapon.
  • You carried the loaded weapon in your vehicle.
  • When carrying the loaded gun, you were in a public place.

Gun charges result in severe penalties when convicted. With the help of your criminal defense attorney, you can raise defenses to fight the charge. The defense strategy depends on the situation in your case. These defenses include:

  • The alleged firearm was not loaded.
  • Lack of knowledge of carrying the weapon.
  • Legal exception.
  • Illegal seizure and search.

     3) Brandishing a Weapon

According to California PC 417, brandishing a weapon involves drawing or exhibiting a dangerous weapon in a rude, angry, or threatening manner. When you are charged with brandishing a weapon in California, the prosecutor must prove the elements of the crime as follows:

  • You drew or exhibited a deadly firearm or weapon.
  • You drew or showed the gun in the presence of another person.
  • Your actions were threatening, rude or angry.

According to the law, brandishing a weapon in California is a wobbler offense. The following factors can affect the type of penalties you face:

  • Your criminal records.
  • The type of firearm or weapon used.

When the prosecutor files a misdemeanor charge, you face a jail term of one month or 12 months. When the prosecutor files a felony charge, you face a 16, 24, or 36-month sentence.

Although brandishing a weapon is a criminal charge that attracts severe penalties, you still have the opportunity to fight the charge. Your criminal defense attorney can use a variety of defenses to challenge the prosecutor. The legal defense your attorney can use includes:

  • Self-defense.
  • No deadly firearm or weapon.
  • No threatening behavior.

Contact a Criminal Defense Attorney Near Me

You can unknowingly or unintentionally violate California PC 16590. Manufacturing, possessing, owning, or selling a prohibited weapon in Bakersfield can attract severe penalties. So, when the police arrest you, you want to seek legal help immediately. Working with an experienced criminal defense attorney for a fair trial would be best.

At California Criminal Lawyer Group, we are ready to help you navigate the legal process using solid defenses. We have helped numerous people facing similar charges obtain fair case outcomes. We offer our services around the clock, so you can reach us anytime. Contact us today at 661-750-8230, and we will help you fight the charges.