California's Laws Against Manufacturing, Selling, or Possessing Dangerous Weapons

Penal Code 12020 PC

California Penal Code 12020 PC prohibits manufacturing, selling, and/or possessing certain firearms, explosives, or other weapons absent very specific circumstances. Nunchaku (commonly referred to as "nunchucks"), "brass knuckles", short-barreled shotguns, dirks, and daggers are just a few of the types of dangerous weapons that are included in this law.¹

And…like many other California gun laws…this section is technical, complex, and somewhat difficult to understand. So we're here to help.

As former prosecutors and cops, we know the ins and outs of California's firearms and weapons offenses and…more importantly…the most effective ways to defend these types of charges. In this article, our California criminal defense lawyers² will explain what conduct is (and is not) prohibited under PC 12020 by addressing the following:

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

1) How Does the Prosecutor Prove that I am Guilty
    of Violating Penal Code 12020 PC?

2) Legal Defenses

3) People and Weapons Exempt from Prosecution

4) Penalties

5) Related Offenses

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, Carrying Concealed Explosive Substances, Dirks and/or Daggers, Penal Code 12050 PC Concealed Weapons Permits, California Open Carry Laws, California's Gun Free School Zone Act, California Legal Defenses, Entrapment as a Legal Defense, Restoring Your California Firearms' Rights, Penal Code 12021 PC Felon with a Firearm, Penal Code 12031 PC Carrying a Loaded Firearm in a Public Place, Penal Code 417 PC Brandishing a Weapon, Penal Code 12025 PC Carrying a Concealed Weapon, and Penal Code 487(d)(2) PC Grand Theft Firearm.

1) How Does the Prosecutor Prove that I am Guilty
    of Violating California Penal Code 12020 PC?

Penal Code 12020 PC essentially punishes two different types of crimes: The first type deals with manufacturing, selling, and/or possessing over 20 different types of weapons. The second type deals with carrying concealed explosive devices, dirks, and/or daggers.³

This article focuses on the first type of crime. For more information about explosives, dirks, and/or daggers, please review our article on Carrying Concealed Explosive Substances, Dirks, and/or Daggers.

Penal Code 12020(a)(1) / 12020(a)(2) PC -- unlawfully manufacturing, selling, and/or possessing dangerous weapons

In order to convict you of unlawfully manufacturing, selling, and/or possessing illegal weapons under Penal Code 12020(a)(1) or Penal Code 12020(a)(2) PC, the prosecutor must prove the following facts (otherwise known as "elements" of the crime):

1) that you

• manufactured,



• imported,



• sold,



• gave,



• lent, and/or



• possessed

"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…or any large-capacity magazine", and

2) that you knowingly did so, either because you knew the object

a) was capable of being used as a weapon, or

b) was a weapon.⁴

Penal Code 12021(a)(1) lists more than 20 types of weapons that are banned under this law. They basically break down into five categories:

• firearms,



• firearm equipment and ammunition,



• knives and swords,



• martial arts weapons, and



• "other" weapons.

Let's take a look at some of the words and phrases contained to gain a better understanding of their legal definitions.

Firearm

A "firearm" under California's gun laws means "any device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of any explosion or other form of combustion."⁵

And…with respect to Penal Code 12020 PC…prosecutors can convict you of possessing a dangerous firearm even if it is inoperable.⁶ This is because the legislative intent behind these types of possession cases is to protect a victim or third party from the type of fear and coercion that seeing such a weapon is likely to invoke.⁷

Examples: Examples of "firearms"…which are generically referred to as guns…include (but are not limited to):

• pistols,



• revolvers,



• handguns,



• rifles (including short-barreled rifles), and



• shotguns (including short-barreled shotguns).⁸

Excluded from the definition are

• pellet guns,



• BB guns, and



• tasers.⁹

Knowingly

A conviction under Penal Code 12020 PC, California's "unlawful manufacturing, selling, and/or possessing dangerous weapons" law requires that you engage in such conduct knowing that the object in question (1) is a weapon, or (2) is capable of being used as a weapon.

It therefore follows that if you are unaware that the instrument is a weapon…

• perhaps because you thought it was "fake" and not capable of inflicting harm, or



• because you simply thought it was an otherwise innocent object and didn't realize it had an alternative use…

then you aren't guilty of this offense.

Notice that it isn't necessary for the prosecutor to prove that you intended to use the object as a weapon, only that you knew it was capable of being used as one.¹⁰

Capable of being used as a weapon

When crafting Penal Code 12020 PC, the California Legislature intended to prohibit people from carrying instruments "which are ordinarily used for criminal and unlawful purposes". All of the weapons listed under this California firearms law are "short, easily concealed, and so weighted as to constitute effective and silent weapons of attack."¹¹

But not every instrument that is "short, easily concealed, and so weighted as to constitute an effective and silent weapon of attack" is prohibited under this section. This code only addresses weapons that are most commonly used in a criminal matter.

Example: Rick hits Steve in the face while he is wearing a standard workout glove that is customarily "weighted" with sand in the palm/fist area. Steve suffers a serious injury. During Rick's trial, the prosecutor argues that the glove was no different than what the code describes as a "sandbag". The jury convicts Rick of Penal Code 242 PC battery and Penal Code 12020 possession of a dangerous weapon.

The California Court of Appeals overturns Rick's conviction for possessing a dangerous weapon and states that he is only guilty of Penal Code 242 PC battery. The court holds that a standard workout glove is not commonly known as a "sandbag". It states that the "weighted" glove and a sandbag don't share the characteristics that prohibit one from carrying a sandbag.

Despite the fact that the glove caused serious injury…and it is therefore capable of being used as a weapon…it is not an object that is "typically used in an unlawful or criminal manner" and is therefore not a dangerous weapon under PC 12020.¹²

But by contrast…

A small baseball bat, the last few inches of which had been broken, which was taped at that end and heavier at the unaltered end was held to fit the "common" description of a "billy". The defendant carried it in his car and did not use it to play baseball. Given these facts, the court upheld the defendant's conviction for carrying a dangerous weapon.¹³

2) Legal Defenses

There are a number of California legal defenses that a skilled criminal defense attorney can present on your behalf. The following are some examples.

The weapon was discovered during an illegal search and seizure

Many charges for possessing a weapon that is covered under Penal Code 12020 PC arise after an officer stops a suspect for some type of investigation.

Example: The police abruptly knock on your door and state that they are there to search your business for illegal weapons. You politely ask them to leave since they don't have a warrant. At that point, one of the officers draws his gun, points it at you and tells you that you that you can consent to the search while they "gently" search the premises or wait until they obtain a warrant when they will ransack your store. You involuntarily agree to the search.

Given these facts, the cops have coerced you into consenting to the search. As a result, any illegal weapons that they find should be excluded from evidence. This is because law enforcement can only legally arrest you for manufacturing, selling, and/or possessing dangerous weapons when they have

• 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



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

If the police fail to meet this criteria, your California criminal defense lawyer may argue that the weapon was discovered and confiscated during an illegal search and seizure in violation of your Fourth Amendment constitutional rights.¹⁴

And if you can convince the prosecutor and/or judge that this is the case, it is very likely that the court will dismiss the charges.

You didn't knowingly possess the dangerous weapon

If you didn't knowingly possess the prohibited weapon, then you committed no crime. This means that if you either

1. don't know you are actually carrying the weapon (for example, you mistakenly grab someone else's coat that has an illegal knife in it), or



2. don't physically posses the weapon (for example, the police find a short-barreled rifle in your apartment that you share with three other people),

it will be difficult for the prosecutor to prove that you knowingly possessed one of the dangerous weapons prohibited by this California firearm law.

And as Oakland criminal defense attorney Jim Hammer explains¹⁵, "If the prosecution can't prove that you knowingly carried or possessed the illegal weapon, you can't be convicted under this section. There are numerous ways that you could be carrying the weapon without realizing it. And when this is the case, California criminal law excuses your unintentional conduct."

You have a permit for the weapon

If you have a permit to carry a concealed weapon, you may not be guilty of violating Penal Code 12020 PC. Concealed weapons' permits, authorized under Penal Code 12050 PC, apply to "pistols, revolvers, or other firearms capable of being concealed upon your person".

This means that if you get arrested for possessing a concealed firearm that meets this criteria, you are not guilty of this crime. However, if you are accused of possessing one of the other types of weapons listed in Penal Code 12020 PC, then having a CCW permit may not be a valid defense.

Absent very specific circumstances (discussed below under section 3. People and Places Exempt from Prosecution) the courts do not believe that manufacturing, selling, and/or possessing the types of "dangerous" weapons that are prohibited under this code serve any lawful purpose. As a result, they are always declared illegal.

That said, you may be able to obtain a permit to manufacture, transport, possess, or sell a short-barreled rifle or a short-barreled shotgun as a "prop" to be used in connection with an entertainment event. If you can prove that you possessed this type of permit, you are not guilty of a crime.

California's "open carry" laws

California's open carry laws generally allow you to carry an unloaded firearm in plain sight, so long as you are not in a prohibited area. "Prohibited areas" include government buildings, post offices, and school zones under California's Gun Free School Zone Act.

If you comply with the provisions of California's open carry laws…by carrying an unloaded firearm in plain sight, you may be entitled to an acquittal of your Penal Code 12020 PC charges.

Entrapment

Entrapment serves as a valid legal defense when you can prove that you only engaged in the illegal conduct because the police persuaded, lured, or coerced you into doing so.

Example: An undercover cop enters your sporting goods store looking to buy a belt buckle knife. You tell him you don't sell them because they're illegal. He asks if you can get one for him from another supplier and you again, state that they're illegal.

The officer continues to go to your store on a daily basis, each time asking you to supply him with a belt buckle knife. Each time he's in the store, he disrupts your business. You finally agree to get him the knife in order to stop his harassment.

Given these circumstances, you could argue that you were entrapped into violating Penal Code 12020 PC and should therefore be absolved of your criminal culpability.¹⁶

But…

Let's instead say that the undercover cop enters your store and makes the same request. This time you tell him you don't have the knife to sell him, but you can get it from someone else and that he should come back in a week.

Given these facts…that it was you, not the officer, who initiated the criminal conduct…you probably would not prevail on an entrapment defense. California criminal law assumes that an ordinary law-abiding citizen will resist the temptation to commit a crime when presented with the simple opportunity to do so.¹⁷

Police misconduct

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

• "plant" or "fabricate" evidence,



• discover your weapon in an illegal search (that is, without a valid California search warrant, without your consent, or outside the scope of a lawful arrest), or



• in any other way violate your civil rights…

police misconduct will override your alleged criminal acts and your charges will likely be dismissed.¹⁸

3) People and Weapons Exempt from Prosecution

In addition to the above defenses, Penal Code 12020 PC lists 32 scenarios that are specifically exempt from prosecution under this law.¹⁹ Some of these include (but are not limited to) situations that involve:

• law enforcement agencies or activities approved by the Department of Justice,



• schools that teach martial arts,



• antique, curio, or relic firearms or ammunition,



• historical societies, libraries, and museums,



• producing movies, television programs, and/or videos,



• handgrenades that are incapable of being used as grenades, and



• forensic laboratories.

Keep in mind that even these exceptions have very specific requirements and caveats, which is why it is critical to consult with a California criminal defense attorney who thoroughly understands California's gun and weapon laws.

4) Penalties

California Penal Code 12020 PC is a "wobbler", which means that prosecutors can charge the crime as either a misdemeanor or a felony, depending on

• the facts of the case, and



• your criminal history.

However, if you are convicted of a first offense involving a metal military practice handgrenade or metal replica handgrenade, the offense is merely an infraction…unless you are an active participant in a criminal street gang.²⁰

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.

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.

In addition to all of the above penalties, a conviction for this offense may result in the loss of the weapon.²¹

California firearm offenses and aliens

If you are a legal immigrant or legal alien, a Penal Code 12020 PC conviction could additionally lead to your deportation.²² 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.²³

Keep in mind that while an expungement will help clear your criminal record, it will not restore your right to own or possess a firearm if you have been otherwise banned from doing so.²⁴

Your Right to Own/Possess Firearms

A misdemeanor conviction for manufacturing, selling, and/or possessing a firearm or other weapon won't by itself revoke your right to own or possess a firearm. But if you are convicted of Penal Code 12020 PC as a felony, you will be prohibited from purchasing, receiving, owning, or possessing a firearm for life.²⁵

If you get convicted of a felony under one of the "wobbler" subdivisions of PC 12020…and you successfully have the felony reduced to a misdemeanor…your gun rights will be restored.

Otherwise, unfortunately, there is no other way to restore your California gun rights. Even a certificate of rehabilitation and/or a governor's pardon does not restore firearm rights to someone who has been convicted of a felony that involves the use of a dangerous weapon.²⁶

5) Related Offenses

There are a variety of additional California gun laws that are related to Penal Code 12020 PC. Depending on the circumstances, you could be charged with any of these in addition to manufacturing, selling, and/or possessing a dangerous weapon. Some of these include (but are not limited to):

Penal Code 12025 PC, carrying a concealed weapon

Penal Code 12025 PC, California's "carrying a concealed weapon" law prohibits carrying a "pistol, revolver, or other firearm capable of being concealed upon a person" either on your person or in a vehicle.²⁷

If, for example, you are accused carrying a concealed short-barreled shotgun, prosecutors would likely charge you with carrying a concealed weapon and possessing a dangerous weapon under Penal Code 12020 PC.

Penal Code 12021 PC, felon with a firearm

If you are convicted of Penal Code 12020 PC as a felony, you will automatically be prohibited from owning, possessing, purchasing, or receiving a firearm under Penal Code 12021 PC, California's "felon with a firearm" law.²⁸ This law imposes a lifetime firearms ban on anyone who is convicted of a felony.

Penal Code 417 PC, brandishing a weapon

Penal Code 417 PC, California's "brandishing a weapon" law prohibits you from drawing, exhibiting, or using a weapon in a "rude, angry, or threatening manner".²⁹ This means that if you violate this law with one of the dangerous weapons listed in Penal Code 12020 PC, prosecutors will probably charge you with possessing a dangerous weapon and brandishing a weapon under California Penal Code 417 PC.

Penal Code 487(d)(2) PC, grand theft firearm

Penal Code 487(d)(2), PC, California's law against "grand theft firearm" prohibits stealing firearms.³⁰ If you steal one of the firearms that are prohibited under Penal Code 12020 PC, prosecutors will likely charge you with grand theft firearm (commonly referred to as GTF) and possessing a dangerous weapon under Penal Code 12020 PC.

Call us for help…

For more information about California's firearm and 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.³¹ For information on Nevada laws regulating sale, purchase, possession and manufacturing of firearms, go to our article on Nevada laws regulating sale, purchase, possession and manufacturing of firearms.

Legal References:

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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 to help defend you against charges alleging the manufacturing, selling, and/or possessing of firearms and dangerous weapons.

³See Penal Code 12020 PC, California's "manufacturing, selling, and/or possessing firearms or dangerous weapons" law, endnote 1, above.

⁴Judicial Council Of California Criminal Jury Instruction 2500 -- Illegal possession, etc. of a weapon. ("To prove that the defendant is guilty of this crime [that is, Penal Code 12020 PC, California's law against illegally manufacturing, possessing, and/or selling firearms and/or dangerous weapons], the People must prove [1] The defendant (possessed/manufactured/caused to be manufactured/imported into California/kept of sale/offered or exposed for sale/gave/lent) (a/an) <insert type of weapon from Penal Code, 12020(a)>; [2] The defendant knew that (he/she) (possessed/manufactured/caused to be manufactured/imported/kept for sale/offered or exposed for sale/gave/lent) the >insert type of weapon from Penal Code 12020(a)>; [AND] <Alternative 3A –object capable of innocent uses> [3] The defendant (possessed/manufactured/caused to be manufactured/imported/kept for sale/offered or exposed for sale/gave/lent) the object as a weapon. When deciding whether the defendant (possessed/manufactured/caused to be manufactured/imported/kept for sale/offered or exposed for sale/gave/lent) the object as a weapon, consider all the surrounding circumstsances relating to that question, including when and where the object was (possessed/manufactured/caused to be manufactured/imported/kept for sale/offered or exposed for sale/gave/lent)[,] [and] [where the defendant was going] [,] [and] [whether the object was changed from its standard form] [,] and any other evidence that indicates whether the object would be used for a dangerous, rather than a harmless, purpose.(;/.)] <Alternative 3B –object designed solely for use as a weapon> [3] The defendant knew that the object (was (a/an) <insert characteristics of weapon from Penal Code 12020(a), e.g., "unusually short shotgun, penknife containing stabbing instrument">/could be used <insert description of weapon, e.g., "as a stabbing weapon," or "for purposes of offense or defense">).]")

⁵ California Penal Code 12001 PC -- Definitions, subdivision "b".

⁶People v. Favalora (1974) 42 Cal.App.3d 988, 991. ("Possession of the sawed-off rifle is prohibited by Penal Code section 12020 [California's law against possessing, selling, and/or manufacturing dangerous weapons]. Inoperability is not the test. The rifle found in defendant's possession is a "sawed-off shotgun" under the definition provided in [Penal Code] section 12020. It is "a rifle having a barrel ... of less than 16 inches in length" and "has an overall length of less than 26 inches." There is nothing in the section which requires that the gun be operable. Had the Legislature intended that it must be so it could readily have so provided.")

⁷See same at 992. ("An inoperable shotgun is of that kind, and whether operable or inoperable is of a kind ordinarily used for criminal and improper uses. A victim of a robbery, burglary, assault or rape is equally frightened and subdued by being threatened by an inoperable sawed-off shotgun as an operable one. It is doubtful if anyone confronted by a sawed-off shotgun would dare question its possessor about its operability.")

⁸People v. Norton (1978) 80 Cal.App.3d Supp. 14, 25. ("The word, ‘firearm,' includes a pistol, revolver or rifle, or any other device designed to be used as a weapon from which a projectile may be expelled by the force of any explosion or other form of combustion.")

See also California Penal Code 12001 PC -- Definition of firearms. ("(b) As used in this title, "firearm" means any device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of any explosion or other form of combustion…(f) Nothing shall prevent a device defined as a "handgun," "pistol," "revolver," or "firearm capable of being concealed upon the person" from also being found to be a short-barreled shotgun or a short-barreled rifle, as defined in [Penal Code] Section 12020 [California's law against manufacturing, selling, or possessing dangerous weapons].")

⁹California Penal Code 12001 PC -- Definition of firearms. ("(g) For purposes of [California Penal Code] Sections 12551 and 12552, the term "BB device" means any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun.") This definition makes reference to specific penal code sections that deal with minors and firearms and only includes BB guns and pellet guns as firearms in those sections. Since these weapons rely on the force of air pressure and not combustion, they do not qualify as firearms under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing dangerous weapons.

See also People v. Heffner (1977) 70 Cal.App.3d 643, 651. ("The Legislature is aware of the Taser, but the single express legislative reference thereto explains only that the Taser is not to be considered"any firearm which is not immediately recognizable as a firearm"under [Penal Code] section 12020. (Stats. 1976, ch. 1140, § 5.) From this reference it is uncertain whether the Legislature intended (1) to exempt the Taser from regulation as not a firearm at all, or (2) to make it clear that the Taser falls under the heading of an ordinary firearm thus should not be subject to the more stringent provisions of [Penal Code] section 12020 [California's law against illegally selling, possessing, and/or manufacturing firearms or dangerous weapons]. We think it unlikely that the former is true. As already observed, the Taser is readily includable in the definition of "firearm," and to our knowledge it has been consistently so included by officials called upon to decide the question.")

¹⁰See same. ("[The People do not have to prove that the defendant intended to use the object as a weapon.]")

¹¹People v. Mayberry (2008) 160 Cal.App.4th 165, 170. ("The last clause of [Penal Code] section 12020, subdivision (a)(1) [California's law against possessing, manufacturing, and/or selling dangerous weapons or other explosives], including the terms "sandclub ... or sandbag" derive from the Dangerous Weapons Control Law of 1923. (Stats.1923, ch. 339, § 1, p. 696.) FN6 "The Legislature obviously sought to condemn weapons common to the criminal's arsenal; it meant as well ‘to outlaw instruments which are ordinarily used for criminal and unlawful purposes.' " ( People v. Grubb (1965) 63 Cal.2d 614, 620, 47 Cal.Rptr. 772, 408 P.2d 100, citation omitted.)…

¹²These facts are taken from People v. Mayberry, endnote 5, above. And at page 167, ("Defendant's principal claim on appeal is that the workout glove is not within the list of weapons prohibited by the last clause of [Penal Code] section 12020, subdivision (a)(1) [California's law against possessing, manufacturing, and/or selling dangerous weapons or other explosives], which derives from the Dangerous Weapons Control Law of 1923. (Stats.1923, ch. 339, § 1, p. 696.) We agree. The subdivision prohibits the possession of "any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag." (Penal Code Section 12020 PC, subd. (a)(1); italics added.) The trial court instructed the jury that defendant was guilty of the offense if he "possessed a weighted glove[,] ... knew that he possessed the weighted glove [and] possessed the object as a weapon." In the published portion of the opinion we conclude that a workout glove is not "commonly known" as a "sandclub ... or sandbag," regardless that it contained sand or was used by the defendant to hit a victim in the face causing serious injuries, because it did not share any of their descriptive characteristics. "[T]he prosecution [failed to] prove that the item had the necessary characteristic to fall within the statutory description." ( People v. King (2006) 38 Cal.4th 617, 627, 42 Cal.Rptr.3d 743, 133 P.3d 636.)")

¹³People v. Grubb (1966) 63 Cal.2d 614, 621 -- overruled on other grounds-- ("…possession of the altered baseball bat, taped at the smaller end, heavier at the unbroken end, carried about in the car, obviously usable as a ‘billy,' clearly not transported for the purpose of playing baseball, violates the statute.")

¹⁴Your Fourth Amendment constitutional rights protect you from unreasonable searches and seizures. If an officer searches you, your car, your business, or your home without a valid California search warrant or probable cause, that officer may violate your Fourth Amendment rights.

¹⁵Oakland criminal defense attorney Jim Hammer uses his inside knowledge as a former San Francisco Deputy District Attorney to defend clients accused of offenses that violate California's firearms and weapons laws throughout the Bay Area, including San Francisco, Oakland, Berkeley, Marin County and San Jose.

¹⁶People v. West, (1956) 139 Cal.App.2d Supp. 923, 924. ("Entrapment is the conception and planning of an offense by an officer and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer. Persuasion or allurement must be used to entrap.")

¹⁷These facts are loosely based on those in People v. Makovsky (1935) 3 Cal.2d 366.

See also California Jury Instructions -- Criminal -- CALJIC 4.61.5 -- Entrapment-Permissible and Impermissible Conduct. ("It is permissible for law enforcement agents or officers [or persons acting under their direction, suggestion or control] to provide opportunity for the commission of a crime including reasonable, though restrained, steps to gain the confidence of suspects.")

¹⁸Your Fourth Amendment constitutional rights protect you from unreasonable searches and seizures. If an officer searches you, your car, your business, or your home without a valid California search warrant or probable cause, that officer may violate your Fourth Amendment rights.

¹⁹ California Penal Code 12020 PC -- Manufacture, import, sale, supply or possession of certain weapons and explosives; punishment; exceptions; definitions. ("(b) Subdivision (a) does not apply to any of the following: (1) The sale to, purchase by, or possession of short-barreled shotguns or short-barreled rifles by police departments, sheriffs' offices, marshals' offices, the California Highway Patrol, the Department of Justice, the Department of Corrections and Rehabilitation, or the military or naval forces of this state or of the United States for use in the discharge of their official duties or the possession of short-barreled shotguns and short-barreled rifles by peace officer members of a police department, sheriff's office, marshal's office, the California Highway Patrol, the Department of Justice, or the Department of Corrections and Rehabilitation, when on duty and the use is authorized by the agency and is within the course and scope of their duties and the peace officer has completed a training course in the use of these weapons certified by the Commission on Peace Officer Standards and Training. (2) The manufacture, possession, transportation or sale of short-barreled shotguns or short-barreled rifles when authorized by the Department of Justice pursuant to Article 6 (commencing with Section 12095) and not in violation of federal law [is exempt from prosecution under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms or dangerous weapons]. (3) The possession of a nunchaku on the premises of a school which holds a regulatory or business license and teaches the arts of self-defense. (4) The manufacture of a nunchaku for sale to, or the sale of a nunchaku to, a school which holds a regulatory or business license and teaches the arts of self-defense. (5) Any antique firearm. For purposes of this section, "antique firearm" means any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. (6) Tracer ammunition manufactured for use in shotguns [is exempt from prosecution under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms or dangerous weapons]. (7) Any firearm or ammunition that is a curio or relic as defined in Section 478.11 of Title 27 of the Code of Federal Regulations and which is in the possession of a person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition who obtains title to these items by bequest or intestate succession may retain title for not more than one year, but actual possession of these items at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the firearms or ammunition by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a). (8) Any other weapon as defined in subsection (e) of Section 5845 of Title 26 of the United States Code and which is in the possession of a person permitted to possess the weapons pursuant to the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the regulations issued pursuant thereto [is exempt from prosecution under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms or dangerous weapons]. Any person prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing these weapons who obtains title to these weapons by bequest or intestate succession may retain title for not more than one year, but actual possession of these weapons at any time is punishable pursuant to Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. Within the year, the person shall transfer title to the weapons by sale, gift, or other disposition. Any person who violates this paragraph is in violation of subdivision (a). The exemption provided in this subdivision does not apply to pen guns. (9) Instruments or devices that are possessed by federal, state, and local historical societies, museums, and institutional collections which are open to the public, provided that these instruments or devices are properly housed, secured from unauthorized handling, and, if the instrument or device is a firearm, unloaded [are exempt from prosecution under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms or dangerous weapons]. (10) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are possessed or utilized during the course of a motion picture, television, or video production or entertainment event by an authorized participant therein in the course of making that production or event or by an authorized employee or agent of the entity producing that production or event. (11) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by persons who are in the business of selling instruments or devices listed in subdivision (a) solely to the entities referred to in paragraphs (9) and (10) when engaging in transactions with those entities. (12) The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the discharge of their official duties, or the possession of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by peace officers thereof when on duty and the use is authorized by the agency and is within the course and scope of their duties [is exempt from prosecution under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms or dangerous weapons]. (13) Weapons, devices, and ammunition, other than a short-barreled rifle or short-barreled shotgun, that are sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by, persons who are in the business of selling weapons, devices, and ammunition listed in subdivision (a) solely to the entities referred to in paragraph (12) when engaging in transactions with those entities. (14) The manufacture for, sale to, exposing or keeping for sale to, importation of, or lending of wooden clubs or batons to special police officers or uniformed security guards authorized to carry any wooden club or baton pursuant to Section 12002 by entities that are in the business of selling wooden batons or clubs to special police officers and uniformed security guards when engaging in transactions with those persons [is exempt from prosecution under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms or dangerous weapons]. (15) Any plastic toy handgrenade, or any metal military practice handgrenade or metal replica handgrenade that is a relic, curio, memorabilia, or display item, that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as a grenade.

(16) Any instrument, ammunition, weapon, or device listed in subdivision (a) that is not a firearm that is found and possessed by a person who meets all of the following [is exempt from prosecution under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms or dangerous weapons]: (A) The person is not prohibited from possessing firearms or ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (B) The person possessed the instrument, ammunition, weapon, or device no longer than was necessary to deliver or transport the same to a law enforcement agency for that agency's disposition according to law. (C) If the person is transporting the listed item, he or she is transporting the listed item to a law enforcement agency for disposition according to law.

(17) Any firearm, other than a short-barreled rifle or short-barreled shotgun, that is found and possessed by a person who meets all of the following [is exempt from prosecution under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms or dangerous weapons]: (A) The person is not prohibited from possessing firearms or ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of subdivision (b) of Section 12316 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (B) The person possessed the firearm no longer than was necessary to deliver or transport the same to a law enforcement agency for that agency's disposition according to law. (C) If the person is transporting the firearm, he or she is transporting the firearm to a law enforcement agency for disposition according to law. (D) Prior to transporting the firearm to a law enforcement agency, he or she has given prior notice to that law enforcement agency that he or she is transporting the firearm to that law enforcement agency for disposition according to law. (E) The firearm is transported in a locked container as defined in subdivision (d) of Section 12026.2.

(18) The possession of any weapon, device, or ammunition, by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities. (19) The sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties [is exempt from prosecution under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms or dangerous weapons]. (20) The sale to, lending to, transfer to, purchase by, receipt of, or importation into this state of, a large-capacity magazine by a sworn peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 who is authorized to carry a firearm in the course and scope of his or her duties. (21) The sale or purchase of any large-capacity magazine to or by a person licensed pursuant to Section 12071.

(22) The loan of a lawfully possessed large-capacity magazine between two individuals if all of the following conditions are met [is exempt from prosecution under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms or dangerous weapons]: (A) The person being loaned the large-capacity magazine is not prohibited by Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms or ammunition. (B) The loan of the large-capacity magazine occurs at a place or location where the possession of the large-capacity magazine is not otherwise prohibited and the person who lends the large-capacity magazine remains in the accessible vicinity of the person to whom the large-capacity magazine is loaned.

(23) The importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the large-capacity magazine previously lawfully possessed in the state [is exempt from prosecution under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms or dangerous weapons]. (24) The lending or giving of any large-capacity magazine to a person licensed pursuant to Section 12071, or to a gunsmith, for the purposes of maintenance, repair, or modification of that large-capacity magazine. (25) The return to its owner of any large-capacity magazine by a person specified in paragraph (24). (26) The importation into this state of, or sale of, any large-capacity magazine by a person who has been issued a permit to engage in those activities pursuant to Section 12079, when those activities are in accordance with the terms and conditions of that permit. (27) The sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine, to or by entities that operate armored vehicle businesses pursuant to the laws of this state. (28) The lending of large-capacity magazines by the entities specified in paragraph (27) to their authorized employees, while in the course and scope of their employment for purposes that pertain to the entity's armored vehicle business [is exempt from prosecution under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms or dangerous weapons]. (29) The return of those large-capacity magazines to those entities specified in paragraph (27) by those employees specified in paragraph (28).

(30)(A) The manufacture of a large-capacity magazine for any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties [is exempt from prosecution under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms or dangerous weapons]. (B) The manufacture of a large-capacity magazine for use by a sworn peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 who is authorized to carry a firearm in the course and scope of his or her duties. (C) The manufacture of a large-capacity magazine for export or for sale to government agencies or the military pursuant to applicable federal regulations.

(31) The loan of a large-capacity magazine for use solely as a prop for a motion picture, television, or video production.

(32) The purchase of a large-capacity magazine by the holder of a special weapons permit issued pursuant to Section 12095, 12230, 12250, 12286, or 12305, for any of the following purposes [is exempt from prosecution under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms or dangerous weapons]: (A) For use solely as a prop for a motion picture, television, or video production. (B) For export pursuant to federal regulations. (C) For resale to law enforcement agencies, government agencies, or the military, pursuant to applicable federal regulations.")

²⁰California Penal Code 12020 PC -- Manufacture, import, sale, supply or possession of certain weapons and explosives; punishment; exceptions; definitions. ("However, a first offense involving any metal military practice handgrenade or metal replica handgrenade shall be punishable only as an infraction unless the offender is an active participant in a criminal street gang as defined in the Street Terrorism and Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1). A bullet containing or carrying an explosive agent is not a destructive device as that term is used in Section 12301.")

²¹California Penal Code 12029 PC -- Blackjacks, etc., as nuisances; confiscation and destruction; preparation as evidence. ("Except as provided in [Penal Code] Section 12020 [California's law against manufacturing, selling, and/or possessing dangerous weapons], blackjacks, slungshots, billies, nunchakus, sandclubs, sandbags, shurikens, metal knuckles, short-barreled shotguns or short-barreled rifles as defined in Section 12020, and any other item which is listed in subdivision (a) of Section 12020 and is not listed in subdivision (a) of Section 12028 are nuisances, and the Attorney General, district attorney, or city attorney may bring an action to enjoin the manufacture of, importation of, keeping for sale of, offering or exposing for sale, giving, lending, or possession of, any of the foregoing items. These weapons shall be subject to confiscation and summary destruction whenever found within the state. These weapons shall be destroyed in the same manner as other weapons described in Section 12028, except that upon the certification of a judge or of the district attorney that the ends of justice will be subserved thereby, the weapon shall be preserved until the necessity for its use ceases."

²²8 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 (as defined in section 921(a) of title 18) in violation of any law is deportable.") Because Penal Code 12020 PC involves selling and possessing weapons and/or other firearms, it is a California crime that may lead to deportation.

²³California 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 "manufacturing, possessing, and/or selling dangerous weapons" conviction from his criminal record.

²⁴California Penal Code 1203.4 PC -- Change of plea. ("Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Section 12021.")

²⁵California Penal Code 12021 -- Unlawful possession of a firearm. ("(a)(1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony.")

²⁶California 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 the weapons listed under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms or dangerous weapons].")

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 the weapons listed under Penal Code 12020 PC, California's law against manufacturing, selling, and/or possessing firearms or dangerous weapons].")

²⁷California Penal Code 12025 PC -- Carrying a concealed weapon. ("(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.")

²⁸See endnote 25, above.

²⁹California Penal Code 417 PC -- Brandishing a weapon. ("(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.") If you violate this law with one of the weapons listed in Penal Code 12020 PC, prosecutors could charge you with this offense and possessing a dangerous weapon in violation of Penal Code 12020 PC.

³⁰California Penal Code 487(d)(2) PC -- Grand theft firearm. ("Grand theft is theft committed in any of the following cases:...(d) When the property taken is any of the following…(2) A firearm.")

³¹Please 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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