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Protect Your Rights: What You Need to Know About California Weapons Charges
The Second Amendment to the United States Constitution grants the right to bear arms. Nevertheless, the state of California is very vigilant regarding its weapons laws. The California Penal Code § 16590 enlists several weapons that are illegal in the state, the possession, sale, or manufacturing of which may lead you to a felony conviction and a potential prison sentence. Engaging an experienced criminal defense attorney in Los Angeles can be critical to protect your rights and help you defend against weapons charges.
What Types of Weapons Are Illegal in California?
California Penal Code § 16590 contains a substantial list of weapons that are prohibited in the state, including:
● Short-barreled rifles or shotguns
● Firearms that cannot be recognized as firearms
● Firearms that are undetectable
● Pistols that are unconventional
● Cane, zip, or wallet firearms
● Flechette-dart ammunition
● Bullets with explosive agents
● Large-capacity magazines
● Multi-burst trigger activators
Moreover, California has prohibited several types of knives and swords, such as:
● Cane swords
● Ballistic, writing pen, air gauge, belt-buckle, and lipstick knives
● Shobi-zue
Finally, martial arts weapons such as shurikens and nunchakus, brass or metal knuckles, leaded canes, replica grenades made out of metal, and military practice grenades are strictly forbidden. However, certain exemptions regarding prosecutors’ ability to charge those possessing those dangerous weapons are available
Who Are Exempted from California’s Weapons Law?
Certain categories of individuals may be immune from prosecution under California’s weapons law. These groups include individuals who are using the weapons for film production, antique collectors, authorized historians, and martial arts studios.
What Does the Prosecutor Need to Prove?
A prosecutor must prove beyond a reasonable doubt that you knowingly sold, imported into California, manufactured, or offered for sale one of the prohibited weapons listed under California Penal Code § 16590 to convict you. You could defend yourself by establishing an exception, as mentioned earlier.
What Are the Legal Defenses for Weapons Charges in California?
Several legal defenses are available to contest a weapons charge in California. For example, if you fall under one of the exempted categories mentioned earlier, you could use that as a defense. Moreover, if the police found your weapon in an unconstitutional search and seizure without a warrant and probable cause, your attorney may file a motion to suppress the weapon’s evidence. Suppression of evidence means that the prosecutor cannot introduce the weapon or evidence about the gun and may need to dismiss the charges. These defenses hinge on the details of your case and may only be employed by an experienced criminal defense attorney.
What Are the Penalties for Weapons Charges in California?
If you are charged with selling, manufacturing, or possessing a dangerous weapon in California, a prosecutor can charge you with either a misdemeanor or felony. The decision to charge with misdemeanor or felony depends on the prosecutor’s discretion, considering the circumstances of the crime and the defendant’s criminal history. A conviction of a felony could lead to a prison sentence of up to three years, while misdemeanor convictions may lead to county jail time of up to one year.
How a Criminal Defense Attorney in Los Angeles Can Help
Penalties for weapons-related offenses are severe, and the stakes are high. It is crucial to get help from an experienced attorney as soon as possible if you face charges of manufacturing, selling, or possessing dangerous weapons in California. An experienced criminal defense lawyer in Los Angeles will analyze your case’s details and devise the most effective defense strategy. They may strive to negotiate a plea bargain or try to get the charges against you dismissed. In some cases, fighting the charges is necessary, and an attorney can help you try your case in court. To learn more about how to protect your rights, schedule a consultation with the experienced criminal defense lawyers in Los Angeles today.
Table 1. California’s Illegal Weapons List
Title | Legal Classification
—– | ——————-
Short-barreled rifles or shotguns | Illegal
Firearms that are not recognizable as being firearms | Illegal
Cane, zip, or wallet guns | Illegal
Firearms that are not detectable | Illegal
Pistols that are unconventional | Illegal
Flechette-dart ammunition | Illegal
Bullets with explosive agents | Illegal
Large-capacity magazines | Illegal
Concealing firearm containers | Illegal
Multiburst trigger activators | Illegal
Table 2. California’s Illegal Knives and Swords
Title | Legal Classification
—– | ——————-
Cane swords | Illegal
Ballistic, writing pen, air gauge, belt-buckle, and lipstick knives | Illegal
Shobi-zue | Illegal
Table 3. Other Illegal Weapons
Title | Legal Classification
—– | ——————-
Shurikens and nunchakus | Illegal
Brass or metal knuckles | Illegal
Leaded canes | Illegal
Replica grenades made out of metal | Illegal
Military practice grenades | Illegal
Table 4. Potential Penalties
Title | Legal Classification | Potential Sentence
—– | ——————- | ——————
Weapons offense | Misdemeanor | Up to one year in county jail
Weapons offense | Felony | Up to three years in state prison
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS