California's Laws Against Carrying:

Concealed Dirks, Daggers, or Explosive Substances

California law not only prohibits carrying concealed dirks, daggers, switchblades, stabbing weapons and explosive substances but also manufacturing, selling, and/or possessing certain firearms and other dangerous weapons.¹

Like so many other California firearm laws, this statute is fraught with technicalities, nuances, and statutory exceptions, making it difficult to understand.

But we're to help. As former prosecutors and cops, we know what the law allows and what it forbids. And we know the most effective defenses to present in order to help you successfully fight your weapons charges.

For more information on this law's other provisions, please see our related article on Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms and other dangerous weapons.

Below, our California criminal defense lawyers² explain the following:

(Click on a title below to proceed directly to that section)

1) The Legal Definition of Carrying Concealed
    Dirks, Dagger, and Explosive Substances

2) Legal Defenses

3) Penalties

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

You may also find helpful information in our related articles on California Firearm Offenses, Penal Code 12020 PC Manufacturing, Selling, and/or Possessing Firearms and Other Dangerous Weapons, Penal Code 12025 PC Carrying a Concealed Weapon, Penal Code 12050 PC Concealed Weapons Permits, Penal Code 12021 PC Felon with a Firearm, Penal Code 417 PC "Brandishing a Firearm / Weapon", Penal Code 12022 PC Sentencing Enhancements for Personal Use of a Firearm/Weapon, California Legal Defenses, California Expungement Law, and Restoring Your Gun Rights.

1) The Legal Definition of Carrying a Concealed
    Dirk, Dagger, or Explosive Substance

Penal Code 12020 PC reads, in pertinent part, "(a) Any person who in this state does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison…(3) Carries concealed upon his or her person any explosive substances, other than fixed ammunition. (4) Carries concealed upon his or her person any dirk or dagger.³

In order to convict you of either of these "concealed weapons" offenses, the prosecutor must prove the following three facts (otherwise known as "elements" of the crime):

1) that you carried

• an "explosive substance other than fixed ammunition",



• a dirk, or



• a dagger,

2) that the explosive substance, dirk, or dagger was substantially concealed on your person, and

3) that you knowingly carried the substance, knife, or "other device capable of ready use as a stabbing weapon that might inflict great bodily injury or death". ⁴

Let's take a closer look at some of these terms and phrases to gain a better understanding of their legal definitions.

"Knowingly carried"

Before prosecutors can convict you of carrying a concealed dirk, dagger, or explosive substance, they must prove that you knew you were carrying the prohibited weapon.

And "carrying" simply means that you physically possess the explosive substance, dirk, or dagger. It doesn't matter whether the weapon is actually on your person or in something that you are holding.⁵

Example: You are holding a dagger in your waistband. Under these circumstances, prosecutors could prove that you are knowingly carrying the weapon.

But…

Let's say that there is a dagger in your jacket pocket. Under these circumstances, it would be more difficult for the prosecutor to prove that you knew you were carrying an illegal knife.

Perhaps you didn't realize that you accidentally put on someone else's jacket that contained the weapon…or perhaps (without your knowledge) someone placed the knife in your pocket in order to escape his own liability for being caught with a dangerous weapon.

It is important to understand that knowledge isn't the same as intent. There is no requirement that the defendant intends to use the weapon…only that he knows he is carrying one.

Explosive substance

An "explosive substance" is "any substance or combination of substances, the primary or common purpose of which is detonation or rapid combustion and which is capable of a relatively instantaneous or rapid release of gas and heat, or any substance the primary purpose of which, when combined with others, is to form a substance of a relatively instantaneous or rapid release of gas and heat. The term ‘explosive' includes dynamite, nitroglycerin, black powder and smokeless powder."⁶

Legal definition of Dirk or Dagger

The terms "dirk" and "dagger" are used synonymously and refer to a "knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death.⁷ California law defines "great bodily injury" as a substantial or significant injury.⁸

• Nonlocking folding knives,



• folding knives other than switchblades, and



• pocketknives

are capable of ready use as stabbing weapons that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position.⁹ However, switchblades qualify under this definition regardless of whether they are in an open or closed position.¹⁰

Other types of knives

By contrast, if a knife's "characteristics substantially limit its effectiveness as a stabbing instrument," then it is not, as a matter of law, a dirk or dagger.¹¹

Example: Despite the fact that the defendant admitted he carried a "bread knife" for protection, the California Court of Appeals overruled his conviction for "carrying a concealed dirk or dagger."

The court held that this type of knife…one with one dull serrated edge and one blunt edge, no handguards to prevent the wielder's hand from slipping onto the blade if it was used to stab, and a blade that flexes noticeably when the point is applied to an object…is not the type of "dangerous" weapon prohibited by the statute.¹²

This case also serves as a good illustration of why "intent" is not an element of the crime. By considering the defendant's intent, the trial court had transformed an ordinary breadknife into a "dirk or dagger", broadening the scope beyond what the California Legislature intended.¹³

Substantially concealed

That the "item was substantially concealed" doesn't mean that the weapon must be completely concealed for it to be a crime. "A defendant need not be totally successful in concealing a dirk to be guilty..."¹⁴

As long as the weapon is at least partially concealed, you could be held liable for this offense. Along these same lines, as long as the weapon itself is at least partially concealed in a case or by some other means, it is irrelevant if the weapon is still identifiable.¹⁵

And although "knives carried in sheaths which are worn openly suspended from the waist of the wearer are not considered "concealed" within the meaning of this section", knives that are tucked into a waistband are.¹⁶

Note: Carrying a concealed dirk, dagger, or explosive substance is a separate and distinct offense from California Penal Code 12025 PC, carrying a concealed weapon. Penal Code 12025 PC only applies to carrying concealed "pistols, revolvers, or other firearms capable of being concealed upon the person".¹⁷ The same goes for concealed weapons permits under California Penal Code 12050 PC.¹⁸

2) Legal Defenses

Fortunately, there are a number of California legal defenses that a good criminal defense lawyer can present on your behalf. The following are some examples.

You didn't knowingly carry the dangerous weapon

This defense works best when the weapon is carried in a loose piece of clothing (a jacket, for example) or carried in a purse, backpack, briefcase, or other object that you are holding in your hand. If the weapon is physically attached to your body (for example, carried in your waistband), this defense probably wouldn't work.

Similarly, if the weapon isn't carried on your person…but is, perhaps, lying on the passenger seat of your car…you aren't guilty of this offense.

The dirk, dagger, or explosive substance wasn't concealed

If the weapon was in plain view and not substantially concealed upon your person, you don't violate the statute. Again, "knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning of this section."

However, depending on the circumstances, you may be guilty of violating another crime.

Example: If you are accused of carrying a plainly visible switchblade, you may be guilty of carrying a switchblade in violation of Penal Code 653k, a misdemeanor.¹⁹

As Rancho Cucamonga criminal defense attorney John Murray explains²⁰, "This is just one example of why it is so important to consult with a criminal defense lawyer who is well-versed in California weapons laws. A criminal defense attorney who has a thorough understanding of these laws knows exactly what conduct is and is not prohibited…knowledge essential to building a successful defense."

The weapon was discovered during an illegal search and seizure

Many concealed weapons charges arise after an officer stops a suspect for conduct totally unrelated to firearms or weapons. This is sometimes the case when an officer stops an individual for a traffic violation, to initiate a "welfare check", or while searching the suspect incident to a lawful arrest for another criminal offense.

But when this is the case, the officer must comply with certain requirements before he/she can legally arrest you for possessing a dangerous weapon. These conditions include the officer having

• probable cause to detain you (that is, a reasonable belief that you are or were engaged in criminal activity),



• a valid California search warrant authorizing them to search your person/property (the scope of which they strictly adhere to), or



• your voluntary consent to conduct a search of your person/property.

If the cops fail to meet this criteria, your California criminal defense lawyer will argue that the weapon was discovered and confiscated during an illegal search and seizure in violation of your Fourth Amendment constitutional rights.²¹

Example: An officer suspects Dave of violating Penal Code 647f PC, California's "drunk in public" law and detains him to investigate. His suspicion is based on the fact that Dave is holding a beer can while walking within his gated apartment complex. The cop asks Dave if he has any drugs or weapon on him and he replies that he does. The officer then asks Dave if he can search him and Dave replies "yeah". The officer finds an illegal knife in Dave's pants pocket. ²²

But because the inside of Dave's apartment complex was gated…and therefore not a public place…the officer didn't have the power to detain him in the first place. As a result, Dave was illegally detained, and the dagger that the officer found was therefore obtained during an illegal search. Even though Dave consented to the search, the illegal detention "vitiated" (that is, cancelled out) his consent.²³

And when you can convince the prosecutor and/or judge that the weapon was discovered pursuant to an illegal search and seizure, it is very likely that the court will dismiss the case altogether.

Police misconduct

Along these same lines, if the police…for whatever reason…

• "plant" or "fabricate" evidence,



• falsely testify about the facts of your case, or



• in any other way violate your civil rights…

we will scrutinize the officer's background...and probably run a Pitchess motion to see what other people have made similar complaints about the officer in the past. If we can prove that you are the victim of this sort of police misconduct, the prosecutor will most likely dismiss your charges.

3) Penalties for Carrying a Concealed Dirk, Dagger, or Explosive Substance

Carrying a concealed dirk, dagger, or explosive substance is a "wobbler" which means that prosecutors can charge it as either a misdemeanor or a felony depending on

1. the circumstances of the offense, and



2. your criminal history.²⁴

If convicted as a misdemeanor, you face

• informal (otherwise known as "summary") probation,



• up to one year in a county jail, and



• a maximum $1,000 fine.²⁵

If convicted as a felony, you face

• formal probation,



• up to one year county jail (if probation is granted) OR (if probation is denied) up to 16 months or two or three years in the California State Prison, and



• a maximum $10,000 fine.²⁶

In addition to all of the above penalties, a conviction for this offense may result in the loss of the weapon.²⁷

California Penal Code 417 PC, brandishing a weapon

Penal Code 417 PC, California's "brandishing a weapon" law prohibits "drawing, exhibiting, or using a weapon in a threatening manner".²⁸ As a result, this California weapons law is closely related to carrying a concealed dirk, dagger, or explosive substance because…

If you ultimately draw, exhibit, or use your concealed weapon in a threatening manner, prosecutors could ultimately charge you with violating Penal Code 12020 PC and brandishing a weapon. If convicted of both offenses, you will be subject to penalties under both charges.

Penal Code 12022 PC, California's sentencing enhancement for personal use of a dangerous or deadly weapon

Alternatively, if you are convicted of carrying a dirk, dagger, or explosive device and actually use that knife or explosive, prosecutors could charge you with a sentencing enhancement for personally using a deadly or dangerous weapon under Penal Code 12022 PC. If the judge/jury believes the allegation that you used your concealed weapon, you face one year in the state prison in addition to the penalty you receive for possessing it.²⁹

This sentencing enhancement cannot be filed in conjunction with brandishing a weapon, because use of the weapon is already an element of that offense.

California firearm offenses and aliens

If you are a legal immigrant or legal alien, a conviction for carrying a concealed explosive under Penal Code 12020(a)(3) PC could additionally lead to your deportation.³⁰ For more information about how California's firearm laws affect aliens, please visit our article on California crimes that lead to deportation.

Expunging your California Penal Code 12020 PC conviction

If you are granted probation in a misdemeanor or felony Penal Code 12020 PC case, you may expunge your California criminal record once you successfully complete the probationary period. However, the judge can deny you an expungement if you suffer a probation violation or fail to adhere to all the terms and conditions of probation.³¹

Penal Code 12021 PC, felon with a firearm

If you are convicted of Penal Code 12020 PC as a felony, the state imposes a lifetime prohibition against owning, possessing, purchasing, or receiving firearms under Penal Code 12021, California's "felon with a firearm" law.

If your California criminal defense attorney can persuade the court to reduce your felony charge to a misdemeanor, this ban won't be imposed. Absent that remedy, you will be unable to restore your firearm rights.

This is because California expungement law specifically excludes restoring firearm rights from its available legal remedies. And because carrying a dirk, dagger, or explosive substance necessarily involves the use of a dangerous weapon, even a certificate of rehabilitation or a California Governor's Pardon will not reinstate this right.³²

Call us for help…

For more information about California's weapons laws, or to discuss your case confidentially with one of our attorneys, please don't hesitate to contact us at Shouse Law Group.

Our California criminal law offices are located in and around Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Additionally, our Las Vegas Nevada criminal defense attorneys represent clients accused of violating Nevada's firearm and weapons laws. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.³³

Legal References:

¹California Penal Code 12020 PC -- Manufacture, import, sale, supply or possession of certain weapons and explosives; punishment; exceptions; definitions. ("(a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison: (1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any fléchette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag. (2) Commencing January 1, 2000, manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends, any large-capacity magazine. (3) Carries concealed upon his or her person any explosive substance, other than fixed ammunition. (4) Carries concealed upon his or her person any dirk or dagger.")

²Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

³See endnote 1, above.

⁴CALJIC 12.41 -- Carrying a concealed dagger or explosive substance. ("In order to prove this crime, each of the following elements must be proved: [1] A person carried [any explosive substance, other than fixed ammunition] [a dirk or dagger]; [2] The [substance] [weapon] was substantially concealed upon [his] [her] person; and [3] The person knowingly carried the substance.] [3] That person knowingly and intentionally carried a knife or other device capable of ready use as a stabbing weapon that might inflict great bodily injury or death.]")

⁵People v. Dunn (1976) 61 Cal.App.3d Supp. 12, 14. ([Although this case refers to concealed weapons under Penal Code 12025 PC, it is analogous for a definition of "carrying" a dirk, dagger, or explosive substance.] "We hold that the Legislature intended to proscribe the carrying of concealed weapons by both men and women and that a handgun concealed in a suitcase and carried by appellant is sufficiently ‘upon his person' to constitute a violation of [Penal Code] section 12025.…While our research reveals no California case directly on point, we find a New York Court of Appeals case, People v. Pugach (1964) 15 N.Y.2d 65, 255 N.Y.S.2d 833, 204 N.E.2d 176 to be persuasive. Pugach is legally on all fours with the instant case. In Pugach a loaded gun was found inside a brief case carried by defendant. The New York court saw no significance in ‘(t)he fact that the loaded gun was found concealed in the brief case, rather than in a pocket of defendant's clothing, . . .' The court declared that a ‘loaded firearm concealed in the brief case carried in the hands of the defendant was in the language of the statute ‘concealed upon his person' (Penal Law, s 1897).' (255 N.Y.S.2d at p. 836, 204 N.E.2d p. 178.)")

⁶CALJIC 12.41 -- Carrying a concealed dagger or explosive substance.

⁷California Penal Code 12020 – Carrying a concealed explosive substance, dirk, or dagger. ("(24) As used in this section, a "dirk" or "dagger" means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death.")

⁸California Penal Code 12022.7 -- Terms of imprisonment for persons inflicting great bodily injury while committing or attempting felony. ("(f) As used in this section, "great bodily injury" means a significant or substantial physical injury.")

⁹California Penal Code 12020 -- Manufacturing, selling, and/or possessing dangerous weapons and other explosive substances. ("(24)…A nonlocking folding knife, a folding knife that is not prohibited by Section 653k, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position.")

¹⁰People v. Plumlee (2008) 166 Cal.App.4th 935, 937. ("A switchblade knife as defined in Penal Code section 653k ^FN1 can also be a dirk or dagger concealed on the person as defined in section 12020 [California's "carrying a concealed dirk, dagger, or explosive substance" law], even if it is concealed in its closed position.")

¹¹People v. Barrios (1992) 7 Cal.App.4th 501, 506. ("This knife has characteristics which substantially limit its effectiveness as a stabbing instrument. It has no sharp edges, no stabbing point, no handguards, and no stiff blade. It is not a dirk or dagger as a matter of law.")

¹²See same. ("The knife appears to be a common bread knife. It has one dull serrated edge and one blunt edge. The blade is about eight inches long and the wooden handle about four inches. There are no handguards to prevent the wielder's hand from slipping onto the blade if it was used to stab. The end of the blade is essentially rounded and comes to a modest point only on the serrated edge. The blade itself flexes noticeably when the point is applied to an object.")

¹³See same. ("This case provides an excellent example of the mischief wrought by application of the Grubb principles to dirk or dagger cases [under Penal Code 12020 PC]. By allowing the jury to consider the defendant's intent in possessing the knife,^FN4 the court permitted a common bread knife to be transformed into a dirk or dagger.")

¹⁴People v. Fuentes (1976) 64 Cal.App.3d 953, 955.

¹⁵See same. ("This is not a situation where the weapon was carried openly in a sheath or attached to a belt.^FN1 The dirk was in Fuentes' waistband. The mere fact that some portion of the handle may have been visible makes it no less a concealed weapon [under Penal Code 12020 PC, California's law against carrying a concealed dirk, dagger, or explosive substance].")

¹⁶California Penal Code 12020 PC -- Carrying a concealed dirk, dagger, or explosive substance. ("(d) Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning of this section.")

See also People v. Fuentes, endnote 15, above.

¹⁷California Penal Code 12025 PC -- Carrying a concealed weapon on your person or in a vehicle. ("(a) A person is guilty of carrying a concealed firearm when he or she does any of the following: (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person. (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person. (3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.")

¹⁸California Penal Code 12050 PC -- Concealed weapons permits. ("(a)(1)(A) The sheriff of a county, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying satisfies any one of the conditions specified in subparagraph (D) and has completed a course of training as described in subparagraph (E), may issue to that person a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person…")

¹⁹California Penal Code 653k -- Switchblade knives. ("Every person who possesses in the passenger's or driver's area of any motor vehicle in any public place or place open to the public, carries upon his or her person, and every person who sells, offers for sale, exposes for sale, loans, transfers, or gives to any other person a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor.")

²⁰Rancho Cucamonga criminal defense attorney John Murray has been featured as an expert legal commentator on Fox News Channel. He defends clients accused of gun and firearms crimes throughout Western San Bernardino and Los Angeles Counties, including Chino, Fontana, Pomona, West Covina and Alhambra.

²¹Your Fourth Amendment constitutional rights protect you from unreasonable searches and seizures. If an officer searches you without a valid California search warrant or probable cause, that officer may violate your Fourth Amendment rights.

²²These facts are loosely based on People v. Krohn (2007) 149 Cal.App.4th 1294.

²³See same at 1299. ("Because the officer had no reasonable suspicion defendant was engaged in criminal activity, he had no right to detain him. (See Sokolow, supra, 490 U.S. at p. 7, 109 S.Ct. 1581.) The officer's illegal detention of defendant vitiated any subsequent consent to the interrogation and search. ( Florida v. Royer (1983) 460 U.S. 491, 501, 103 S.Ct. 1319, 75 L.Ed.2d 229 ["statements given during a period of illegal detention are inadmissible even though voluntarily given if they are the product of the illegal detention"].) The drugs found on defendant at the apartment complex and at the pre-booking search thus are fruits of a poisonous tree. ( Ibid.; see also Wong Sun v. United States (1963) 371 U.S. 471, 484-488, 83 S.Ct. 407, 9 L.Ed.2d 441.) The court should have suppressed them.")

²⁴California Penal Code 12020 PC -- Carrying a concealed explosive substance, dirk, or dagger. ("("(a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison…(3) Carries concealed upon his or her person any explosive substance, other than fixed ammunition. (4) Carries concealed upon his or her person any dirk or dagger.")

²⁵See same. See also California Penal Code 672 PC -- Offenses for which no fine prescribed; fine authorized in addition to imprisonment. ("Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.")

²⁶See same. See also Penal Code 18 PC -- Punishment for felony not otherwise prescribed; alternate sentence to county jail. ("Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony, or to be punishable by imprisonment in a state prison, is punishable by imprisonment in any of the state prisons for 16 months, or two or three years; provided, however, every offense which is prescribed by any law of the state to be a felony punishable by imprisonment in any of the state prisons or by a fine, but without an alternate sentence to the county jail, may be punishable by imprisonment in the county jail not exceeding one year or by a fine, or by both.")

²⁷California Penal Code 12028 PC -- Dirks, Daggers, and Explosive substances as nuisance. ("(a) The unlawful concealed carrying upon the person of any explosive substance, other than fixed ammunition, dirk, or dagger, as provided in [Penal Code] Section 12020 [California's "carrying a concealed dirk, dagger, or explosive substance" law], the unlawful carrying of any handguns in violation of Section 12025, and the unlawful possession or carrying of any item in violation of Section 653k is a nuisance.")

²⁸California Penal Code 417 PC, California's "brandishing a weapon" law. ("(a)(1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days.")

²⁹California Penal Code 12022 PC -- Personal use of a dangerous or deadly weapon (sentencing enhancement). ("(b)(1) Any person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.")

³⁰8 U.S. Code Section 1227 -- Deportable aliens. ("(a) Classes of deportable aliens. Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens…(2) Criminal offenses…(C) Certain firearm offenses -- Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device [italics added] (as defined in section 921(a) of title 18) in violation of any law is deportable.") Because Penal Code 12020(a)(3) PC involves explosives which are "destructive devices" under section 921(a) of title 18, it is a California crime that may lead to deportation.

³¹California Penal Code 1203.4 PC -- Change of plea. This section outlines the procedures by which a defendant can expunge his California Penal Code 12020 PC "carrying a concealed dirk, dagger, or explosive substance" conviction from his criminal record.

³²California Penal Code 4852.17 PC -- ("Whenever a person is granted a full and unconditional pardon by the Governor, based upon a certificate of rehabilitation, the [California governor's] pardon shall entitle the person to exercise thereafter all civil and political rights of citizenship, including but not limited to: (1) the right to vote; (2) the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored [by a governor's pardon], and Sections 12001 and 12021 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon [which includes dirks, daggers, and explosive substances prohibited under Penal Code 12020 PC.]")

See also California Penal Code 4854 PC -- Firearms; restoration of rights; exceptions. ("In the granting of a pardon to a person, the Governor may provide that the person is entitled to exercise the right to own, possess and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 12001 and 12021 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon [which includes dirks, daggers, and explosive substances prohibited under Penal Code 12020 PC.]")

³³Please feel free to contact our Nevada criminal defense attorneys Michael Becker and Mike Castillo for any questions relating to Nevada's firearm and weapons laws. Their Nevada law offices are located in Reno and Las Vegas.

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