Under Penal Code § 24310, it is illegal to do any of the following with respect to camouflaging firearm containers:
- Manufacture,
- Import into the State of California,
- Keep for sale,
- Offer for sale,
- Give,
- Lend, and/or
- Possess
In this article, our California criminal defense attorneys discuss:
- 1. What is a camouflaging firearm container?
- 2. Are they illegal?
- 3. What are the penalties for a Penal Code 24310 PC conviction?
- 4. Are there other laws prohibiting these devices?
1. What is a camouflaging firearm container?
A camouflaging firearm container is an object that holds a gun, but nonetheless does not look like it contains a firearm. This element of concealment is the reason for the use of the term “camouflaging.”
The container in question is also designed so that the firearm inside it can be fired without removing it from the container.
If you perform any of these acts with a camouflaging firearm container, you can get charged with either
- a misdemeanor or
- a felony, depending on the specific facts of a case.
The penalties for either charge can include
- imprisonment for 1 to 3 years and/or
- substantial fines.1
2. Are they illegal?
PC 24310 is California’s statute governing camouflaging firearm containers. According to this code section, it is a crime if any person:
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 camouflaging firearm container…
Under Penal Code 24310, possession of a camouflaging firearm container is only a crime if it is done:
- Willfully (or, with a specific purpose to possess);
- Feloniously (or, with a specific intent to possess); or,
- Unlawfully (or, with a wrongful purpose to possess).2
3. What are the penalties for a Penal Code 24310 PC conviction?
A violation of Penal Code 24310 PC is a wobbler offense, meaning that it can be charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the crime carries up to 1 year in county jail and/or $1,000.
If charged as a felony, the crime carries up to $10,000 and a county jail term of:
- 16 months,
- 2 years, or
- 3 years.3
4. Are there other laws prohibiting these devices?
California Penal Code 16590 PC is the state’s statute governing “generally prohibited weapons.” Camouflaging firearm containers are one such type of object, specifically banned under PC 16590(f).
Examples of other prohibited weapons include:
- Concealed dirks or daggers;
- Belt buckle knives; and,
- Metal knuckles.4
Legal References
- California Penal Code § 24310 PC.
- Same.
- Same.
- California Penal Code 16590 PC.