California Penal Code 17330 PC holds that a “wallet gun” is any firearm mounted or enclosed in a case. Penal Code 24710 is the specific code section that makes these devices illegal.
The case for these guns typically resembles a wallet, thus the name “wallet gun.” You can fire a wallet gun while it is still enclosed in its case, and the guns are capable of being carried in a pocket or purse.
17330 PC states that “As used in this part, “wallet gun” means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if the firearm may be fired while mounted or enclosed in the case.”
Under Penal Code 16590 PC, California’s law on generally prohibited weapons, the following acts are illegal when it comes to wallet guns:
- Manufacture,
- Import into the State of California,
- Keep for sale,
- Offer for sale,
- Give,
- Lend, and/or
- Possess
If you perform any of these acts with a wallet gun, you can get charged with either a misdemeanor or a felony depending on the specific facts of a case. The penalties for either charge include time in the county jail and/or substantial fines.
In this article, our California criminal defense attorneys discuss:
- 1. What is Penal Code 16590 and “generally prohibited weapons”?
- 2. What is banned under Penal Code 16590?
- 3. What are the penalties involving wallet guns?
1. What is Penal Code 16590 and “generally prohibited weapons”?
PC 16590 is California’s statute that lists several weapons that are generally prohibited in the state. Wallet guns are one such “generally prohibited weapon.”
Examples of other prohibited weapons include:
- Ballistic knives,
- Cane guns,
- Metal knuckles,
- Short-barreled rifles, and
- Shurikens.
Only the firearms and weapons specifically listed in Penal Code 16590 are considered generally prohibited.
Conventional pistols, revolvers, long rifles, long shotguns, and conventional ammunition can still be legally owned by most adults in California, subject to certain restrictions.1
2. What is banned under Penal Code 16590?
As mentioned above, PC 16590 makes it a crime to perform certain acts with generally prohibited weapons. The criminal acts include:
- Manufacturing or causing to be manufactured,
- Importing into the state,
- Keeping and offering for sale,
- Giving and lending, and/or
- Possessing.
It is illegal to possess a generally prohibited weapon even in private, and even if you have a standard permit to carry a concealed weapon.2
3. What are the penalties involving wallet guns?
If you have a wallet gun and commit one of the criminal acts listed in PC 16590, you face:
- The loss of the wallet gun; and,
- A misdemeanor or felony charge.
(An offense in California that can be charged as either a misdemeanor or felony is known as a “wobbler” offense.)
If you are convicted of a misdemeanor with a wallet gun, you may receive a penalty of:
- Up to 1 year in county jail, and/or
- A maximum fine of $1,000.
If you are convicted of a felony with a wallet gun, you may receive a penalty of
- Up to 3 years in county jail, and/or
- A maximum fine of $10,000.
Certain people and/or situations are exempt from prosecution for possessing wallet guns and other generally prohibited weapons. For example:
- Members of law enforcement agencies may sell, transfer or possess wallet guns.
- Possession of wallet guns is allowed by authorized antique dealers.3
Legal References
- California Penal Code 16590 PC. California Penal Code 17330 PC. California Penal Code 24710 PC.
- Same.
- Same. See also Tuttelman v. City of San Jose (9th Cir. 2011) 420 Fed. Appx. 758.
