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.
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.
Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.
Penal Code section 12020 punishes two types of crimes: First, Penal Code section 12020(a)(1) prohibits the manufacturing, selling, or possessing of over 20 different types of weapons. Second, Penal Code section 12020(a)(2) prohibits the carrying of concealed explosive devices, dirks, or daggers.
A violation under PC 16590 is a wobbler offense, meaning you can be charged under this section with a misdemeanor or a felony charge. The charge will depend on the amount of illegal weapons seized, your criminal history, and the specific facts of your case that lead to your arrest.
In general, a conviction for any felony offense will result in a lifetime ban on your ability to possess or own a gun. Certain misdemeanors, such as those involving domestic violence or even drug offenses, may also result in temporary or lifetime bans depending on the conduct which gave rise to the conviction.
Restoring gun rights in California is not easy, and often it is not even possible. Theoretically, if you are convicted of any felony, then you are subject to a lifetime ban. Conviction of certain misdemeanors also results in a lifetime ban, while conviction of other misdemeanors results in a ban of only ten years.
California Penal Code [CPC] §242 – Simple Battery – California Penal Code Section 242 makes it illegal to use willful and unlawful force on another person. Conviction under CPC §242 permits up to six months in a county jail and/or a fine of up to $2,000.
California Penal Code § 236 PC defines false imprisonment as unlawfully restraining, detaining, or confining a person against his or her will. The crime can be charged as either a misdemeanor or felony and is punishable by up to three years in jail.
The crime of burglary under California Penal Code Section 459 PC requires a prosecutor to prove the following elements: The defendant entered a building, room within a building or locked vehicle AND. When he or she entered into the building, room or vehicle, he or she intended to commit theft or a felony.
If you're charged with Felony Possession Of Child p*rnography, you can spend up to three (3) years in a state prison[25] and be fined up to $10,000 (ten-thousand dollars). [26] You can receive a combination of jail time and a fine for both forms.
Definition of Harmful Material Laws – Penal Code 288.2
You knowingly distributed, sent, exhibited, or offered, harmful matter to a minor by any means. You knew the recipient was a minor, or failed to exercise reasonable care to determine age of the recipient.
Under the castle doctrine, a person is entitled to use deadly force to protect their home or workplace, so long as they act reasonably under the circ*mstances. For example, small business owners are permitted to carry a gun in some circ*mstances.
In California, you have the right to defend yourself and others against imminent harm. If you have been arrested for using force or violence against another person but were only protecting yourself, the attorneys at the Law Office of Vikas Bajaj, APC can help.
California's Castle Doctrine recognizes the fundamental right to feel secure in one's own home. Residents facing unlawful intrusion can stand their ground and defend themselves without an obligation to retreat. The law presumes they genuinely fear injury when encountering intruders.
Penal Code 29805 PC makes it a crime to own or possess a firearm if you were convicted of (or with an outstanding warrant for) certain misdemeanor offenses. This is provided that the ownership or possession comes within ten years from the date of the conviction or warrant.
Federal law also generally prohibits people from possessing firearms if they have been involuntarily hospitalized or committed to a mental health or substance abuse treatment facility by a court, board, commission, or other lawful authority.
You must be 18 years old to buy a rifle or shotgun, and you must be 21 to buy a handgun. All gun purchases in the State of California, even private sales and gun shows, are required to go through licensed dealers in what is called the Dealer's Record of Sale (DROS) process.
Firearm purchases require a Firearm Safety Certificate and proof of residency unless the individual purchasing the firearm is active duty military, honorably retired military, or a peace officer under Penal Code Section 830.
Introduction: My name is Arielle Torp, I am a comfortable, kind, zealous, lovely, jolly, colorful, adventurous person who loves writing and wants to share my knowledge and understanding with you.
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