Criminal Defense Attorney for Prohibited Weapons Possession in Los Angeles

Prohibited Weapons in Los Angeles

The Second Amendment of the U.S. Constitution grants American citizens the right to bear arms. This means U.S. citizens can possess, own, purchase, and use firearms (as well as certain other weapons). However, California stringently restricts such weapons that a person can own, purchase, or possess. Some weapons are entirely prohibited under the state’s laws.

See Judicial Council of California’s Criminal Jury Instruction (“CALCRIM”) “Illegal Possession, etc., of Weapon”: CALCRIM Number 2500;“Carrying Concealed Explosive or Dirk or Dagger — Pen. Code §§ 21310, 16470”: CALCRIM Number 2501; and“Possession, etc., of Switchblade Knife — Pen. Code § 21510”: CALCRIM Number 2502.

What Are Prohibited Weapons?

Prohibited weapons are weapons deemed inappropriate for general use and possession. Penal Code § 16590 lists the weapons prohibited in California. 

They include:

1. Prohibited martial arts weapons: 

• Shurikens, Code § 22410; and 
• Nunchakus, Code § 22010.

See Prohibition against Making, Importing, Selling, Giving, or Possessing a Shuriken – a.k.a. “Ninja Stars”, “Throwing Stars”, and “SHURs” (California Penal Code section 22410); and

Prohibition against Making, Importing, Selling, Giving, or Possessing a Nunchaku – a.k.a. “Nunchucks” (California Penal Code section 22010).

2. Prohibited swords/knives:

• Writing pen knives, Code § 20910;

See California Penal Code section 20910.

• Shobi-Zeus, C. section 20710;

See Prohibition against Making, Importing, Selling, Giving, or Possessing a Wallet Knife — a.k.a. “Shobi-Zue” or “SZ” (California Penal Code section 20710).

• Air gauge knives, Penal Code section 20310;

See Prohibition against Making, Importing, Selling, Giving, or Possessing an Air Gauge Knife – a.k.a. “AGK” (California Penal Code section 20310).

• Cane swords, Penal Code section 20510;
• Lipstick case knives, Code § 20610;
• Belt-buckle knives, Code § 20410; and
• Ballistic knives, Code § 21110.

See California Penal Code section 20510 (cane sword);

California Penal Code section 20610 (lipstick case knife – a.k.a. “LCK”);

California Penal Code section 20410 (belt-buckle knife); and

California Penal Code section 21110 (ballistic knife – a.k.a. “BK”).

3. Prohibited ammunition, equipment firearm, and explosives: 

• Multi-burst trigger activators, per Pen. Code  § 32900;
• Bullets that have explosive agents, Pen. Code § 30210;
• Camouflaging gun containers, per Pen. Code  § 24310;
• Flechette dart or ammunition containing flechette darts, Pen. Code  § 30210; and
• Any concealed volatile agent, except fixed ammunition Pen. Code  19100.

See Prohibition against Making, Importing, Selling, Giving, or Possessing a Multi-Burst Trigger Activator – a.k.a., “Bump Stock” (California Penal Code section 32900);

Possession of Bullets with Explosive Agents (California Penal Code section 30210);

Possession of Camouflaging Firearm Container (California Penal Code section 24310);

Possession of Flechette Dart or Ammunition Containing Flechette Dart – a.k.a. “FD” (P.C. § 30210); and

Possession of Explosive Substance or Any Concealed Volatile Agent, Except Fixed Ammunition (California Penal Code section 19100).

4. Prohibited firearms:

• Zip guns, wallet guns, and cane guns per California Penal Code section 33600, P.C. § 24710, and P.C. § 24410, respectively;
• Unconventional pistols under P.C. § 31500; 

See Possession of an Unconventional Pistol — including “Ghost Guns” (California Penal Code section 31500).

• Guns that cannot be easily recognized as firearms, California Penal Code section 24510;
• Undetectable guns, per California Penal Code section 24610: and
• Short-barreled rifles and short-barreled shotguns, per Penal Code section 33215.

See Possession of a Short-Barreled Rifle or Short-Barreled Shotgun — a.k.a. “Sawed-Off Shotgun” (California Penal Code section 33215).

5. Other prohibited weapons:

• Sandbags, billy clubs, batons, sand clubs, slingshots, blackjacks, P.C. § 22210; 

See Prohibition against Making, Importing, Selling, Giving, or Possessing a Leaded Cane, Baton, Sandbag, Billy Club, Sap, Sand Club, Slingshot, or Blackjack (California Penal Code section 22210).

• Metal replica grenades/metal military practice grenades, California Penal Code section 19200;
• Leaded canes, P.C. section 22210;
• Brass knuckles/metal knuckles, P.C. § 21810;

See Prohibition against Making, Importing, Selling, Giving, or Possessing Brass Knuckles or Metal Knuckles – a.k.a., “Knuckle Dusters” (California Penal Code section 21810).

• Large capacity magazines (hold more than ten rounds) per California Penal Code section 32310; and
• Carrying concealed daggers or dirks per California Penal Code section 21310.

See also Carrying a Switchblade or Butterfly Knife (California Penal Code section 21510);

“Carrying Concealed Explosive or Dirk or Dagger — Pen. Code §§ 21310, 16470”: CALCRIM Number 2501; and

“Possession, etc., of Switchblade Knife — Pen. Code § 21510”: CALCRIM Number 2502.

Definitions: “Dangerous Weapons” and “Generally Prohibited Weapons”

On the 1st of January 2012, the term “dangerous weapons” under P.C. § 12020 was renamed “generally prohibited weapons” (now P.C. § 16590), and each weapon was ascribed its own individual Penal Code section, as reflected above.

See “Dangerous Weapons” Defined (California Penal Code section 12020); and“Generally Prohibited Weapons” Defined (California Penal Code section 16590).

Illegal Activities Concerning Prohibited Weapons

P.C. § 16950 bars you from owning, possessing, manufacturing, giving out, lending, selling, offering for sale, or importing any “prohibited weapons” as defined therein.

But before the court or jury finds you guilty of violating P.C. § 16590, the prosecuting attorney must prove the following elements beyond any reasonable doubt:

• You possessed, owned, manufactured, caused the manufacture of, sold, kept with intent to sell, exposed/offered to sell, imported, lent, gave, received, or bought a device deemed to be a prohibited weapon;
• You knew you possessed, imported into the state, manufactured, caused the manufacture of, exposed/offered to sell, kept intending to sell, received, bought, lent, or gave the weapon; and
• You knew the item was a prohibited weapon meant for illegal purposes or one that may be utilized for illegal purposes.

The prosecuting attorney does not have to demonstrate that you intended to utilize the device as a weapon for illegal purposes. They only must show that you were aware the object could be used in that manner.

Additionally, the prosecution does not have to prove that the device is in working condition to be utilized as a weapon. And if accused of selling, manufacturing to sell, or possessing to sell a prohibited weapon, the prosecuting attorney must also show that you aimed to sell it.

As regards possession, there are two types — constructive and actual possession. Under actual possession, you hold or can immediately access the prohibited weapon. This includes a scenario where the weapon is on your person, for example, in your shirt’s pocket or something on you, such as your backpack, briefcase, or purse.

Constructive possession concerns a situation where you cannot immediately access the prohibited weapon but have control over it or are entitled to assume its control. For example, having the weapon in your bedside drawer or car trunk.

Certain weapons, situations, and people are exempt from being charged under California Penal Code section 16590. 

These include:

• When forensic laboratories possess prohibited weapons.
• When you are turning a prohibited weapon over to the police.
• When unloaded weapons are used in television, video, and movie productions — P.C. § 17720 permits people to use prohibited weapons to film a television program, motion picture, video production, or theatrical production, but only after a valid permit is obtained.

See Firearms Exemption for Employee or Agent of Television Program, Motion Picture, Video Production, or Theatrical Production (California Penal Code section 17720).

If you are at least 21, you can acquire an Entertainment Firearms Permit from the California Department of Justice. 

The permit allows you to possess guns for use only as props in a television, theatrical, video, motion picture, or any other entertainment event or production.

• When museums, libraries, and historical societies possess prohibited weapons.
• When a seller/collector of curios or antiques possesses ammunition or a relic firearm.
• When schools that teach martial arts possesses nunchakus, shurikens, batons, etc.
• When prohibited weapons are possessed by or transferred/sold to a law enforcement agency.

The Consequences of Violating Penal Code section 16590

A P.C. § 16590 violation is considered a “Wobbler” (California Penal Code section 17(b)). A wobbler is an offense that the prosecuting attorney can try as a felony or misdemeanor based on the defendant’s criminal history and the circumstances surrounding the charges.

If pronounced guilty of a misdemeanor, the court could fine you up to $1,000 or sentence you to jail for a period not exceeding 12 months. If facing a felony conviction, the judge could fine you not more than $10,000 or sentence you to a prison term of 16 months, two or three years.

Immigration Consequences of Violation PC 16590

Being convicted of a P.C. § 16590 violation will not negatively affect your immigration status. Non-citizens found guilty of an offense can sometimes be labeled inadmissible or be deported. Convictions that can lead to the deportation or inadmissibility of an immigrant are those considered to be aggravated felonies and crimes of moral turpitude.

California courts have established that a P.C. § 16590 violation does not fall under aggravated felonies or crimes of moral turpitude. Therefore, a convicted immigrant will not be deported or classified as inadmissible.

A P.C. § 16590 Violation’s Effect on Gun Rights

Being convicted under P.C. § 16590 can negatively affect your firearm rights. California law provides that anyone convicted of a felony is prohibited from possessing, owning, and purchasing a firearm.

Note that violating P.C. § 16590 can be prosecuted as a felony or misdemeanor. Thus, if you are accused of a felony activity involving a prohibited weapon and are ultimately convicted, you will forfeit your firearm rights.

Defending Against P.C. § 16590 Violation Charges

If charged with manufacturing, selling, or possessing a prohibited weapon, or violating P.C. § 16590 in some other way, an experienced gun and weapon offenses lawyer may be capable of arguing several defenses for you. These defenses include: