16590 PC – Which weapons are prohibited in California?

Penal Code 16590 PC is the California statute that prohibits manufacturing, selling, and/or possessing certain dangerous weapons. These generally prohibited weapons include items such as:

• brass knuckles,
• short-barreled shotguns, and
• ballistic knives.

Examples

• making short-barreled shotguns in a home and offering them for sale.
• carrying a set of brass knuckles in a pants pocket.

Defenses

You can try to beat a charge under this statute with a legal defense. Common defenses include:

• no prohibited weapon,
• no knowledge, and/or
• unlawful search and seizure.

Penalties

A violation of these laws is a wobbler. This means a prosecutor can charge the offense as either:

• a misdemeanor, or
• a felony.

At most, the crime is punishable by custody in county jail for up to three years.

Our California criminal defense attorneys will address the following in this article:

• 1. What are California’s generally prohibited weapons?
• 2. What are you barred from doing with a prohibited weapon?
  • 2.1. Knowingly
  • 2.2. Possess
  • 2.3. People and weapons exempt from prosecution
• 3. Are there legal defenses?
  • 3.1. No prohibited weapon
  • 3.2. No knowledge
  • 3.3. Unlawful search and seizure
• 4. What are the penalties for a 16590 PC conviction?
• 5. Are there immigration consequences?
• 6. Can I get my conviction expunged?
• 7. Does a conviction affect gun rights?
• 8. Are there related offenses?
  • 8.1. Carrying a loaded firearm in public – PC 25850
  • 8.2. Carrying an unloaded firearm in public – PC 26350
  • 8.3. Brandishing a weapon – PC 417

1. What are California’s generally prohibited weapons?

Penal Code 16590 PC lists several weapons that are generally prohibited in the State of California. The offense is sometimes called the “sale or possession of a dangerous weapon.” These weapons include:

1. Prohibited firearms
   • short-barreled shotguns and rifles, per Penal Code 33215 PC,
   • undetectable firearms, per Penal Code 24610 PC,
   • firearms that are not immediately recognizable as firearms, per Penal Code 24510,
   • unconventional pistols, per Penal Code 31500,
   • cane guns, wallet guns, or zip guns, per Penal Codes 24410 PC, 24710 PC, and 33600
2. Prohibited firearm equipment/ammunition
   • camouflaging firearm containers, per Penal Code 24310
   • bullets containing explosive agents, per Penal Code 30210 PC,
   • multiburst trigger activators – per Penal Code 32900 PC
3. Prohibited knives/swords
   • ballistic knives – per Penal Code 21110 PC
   • belt-buckle knives, per Penal Code 20410 PC
   • lipstick case knives, per Penal Code 20610 PC
   • cane swords, per Penal Code 20510 PC
   • shobi-zues, per Penal Code 20710 PC
   • air gauge knives, per Penal Code 20310 PC
   • writing pen knives, per Penal Code 20910 PC
4. Prohibited martial arts weapons
   • shurikens, per Penal Code 22410 PC
5. Other prohibited weapons
   • brass knuckles, per Penal Code 21810 PC
   • leaded canes, per Penal Code 22210 PC
   • metal military practice grenades or metal replica grenades, per Penal Code 19200
   • batons, blackjacks, slungshots, sandclubs, or sandbags, per Penal Code 22210 PC

2. What are you barred from doing with a prohibited weapon?

Under this statute, it is a crime for you to knowingly:

• manufacture,
• import into the state,
• offer for sale,
• lend, or
• possess

any generally prohibited weapon.

Questions often arise under these laws on the meaning of:

• knowingly, and
• possess.

Also note that certain people and weapons are exempt from prosecution under these laws.

2.1. Knowingly

You are guilty under this statute only if you act while knowing that an object is:

• a weapon, or
• capable of being used as a weapon.¹

Note that:

• it is not necessary for a prosecutor to prove,
• that you intended to use the object as a weapon.

It is enough that you knew the object was capable of being used as a weapon.²

Example: Isabella goes to a swap meet and buys a great-looking antique cane. She has no clue, though, that it contains a sword. She later tries to take it through airport security and TSA discovers that it has a blade hidden inside it.

Here, Isabella is likely not guilty of possessing a generally prohibited weapon because she had no knowledge the cane was an illegal:

• cane sword, or
• capable of being used as a weapon

2.2. Possess

California law says that you “possess” an object when you either:

• actually possess it, or
• constructively possess it.

You have “actual” possession of something when you:

• hold it, or
• have immediate access to it.³

This includes when you have a weapon:

1. somewhere on your body, or
2. in something you are holding or wearing (such as a purse or backpack).

You have “constructive” possession of something when you:

• do not have immediate access to it,
• but nonetheless have control of it, or the right to control it.⁴

Example: Tim brings a set of brass knuckles into the State of California. He takes them and puts them in his home’s garage. The police stop and arrest him the next day on suspicion of having a prohibited weapon.

Here, Tim is guilty of both possessing brass knuckles and importing them into the state. As to possession, while he was not carrying them when arrested, he had control of them via access to his garage.

2.3. People and weapons exempt from prosecution

Certain people and situations are exempt from prosecution under this statute. Some of these include:

• when a weapon is sold or transferred to, or possessed by, law enforcement agencies,^{5 6}
• the possession of relic firearms or ammunition by persons of antique or curio,⁷
• the possession of these weapons by historical societies, libraries, and museums,⁸
• use of unloaded weapons in movies, television, and/or video productions,⁹
• when you turn a generally prohibited weapon over to law enforcement,¹⁰ and
• the possession of these weapons by forensic laboratories.¹¹

3. Are there legal defenses?

You can contest a charge under these laws with a good legal defense.

Three common defenses are:

1. no prohibited weapon,
2. no knowledge, and/or
3. unlawful search and seizure.

3.1. No prohibited weapon

You are guilty under this statute only if you perform some act with a “generally prohibited weapon.” This means one of the weapons listed above or specifically listed within Penal Code 16590. A defense, therefore, is for you to say that:

• while you may have had a weapon,
• it was not a prohibited weapon as listed in the statute.

3.2. No knowledge

Recall that you are guilty of violating these laws only if you knew that an object was:

1. a prohibited weapon, or
2. capable of being used as a weapon.

This means it is a defense for you to say that you did not have this knowledge.

3.3. Unlawful search and seizure

Many charges under this statute arise after an officer stops you and conducts some type of investigation.

But know that authorities cannot:

• conduct a search, or
• take property

without a valid search warrant. If no warrant, then they must have a legal excuse for not having one.

If the police:

• gather evidence from an unlawful search and seizure,
• then that evidence can get excluded from a criminal case.

This means that any charges in the case could get reduced or even dismissed.

4. What are the penalties for a 16590 PC conviction?

A violation of these laws is a wobbler. This means a prosecutor can charge the crime as either:

• a misdemeanor, or
• a felony.¹²

If a misdemeanor, the crime is punishable by:

• custody in county jail for up to one year, and/or
• a maximum fine of $1,000.

If a felony, the offense is punishable by:

• imprisonment in jail for up to three years, and/or
• a maximum fine of $10,000.

5. Are there immigration consequences?

A conviction under this statute will typically not have any bad immigration consequences.

If convicted of a crime, sometimes a non-citizen can be:

• deported, or
• marked as inadmissible.

An example is when a non-citizen gets convicted of an aggravated felony.

California courts, though, have ruled that:

• a PC 16590 conviction,
• does not amount to this type of crime.¹³

6. Can I get my conviction expunged?

You can get a PC 16590 conviction expunged.

A judge will award an expungement provided that you successfully completed:

• probation, or
• your jail term (whichever was imposed).

An expungement is favorable because it:

• removes many of the hardships,
• associated with a conviction.

7. Does a conviction affect gun rights?

A conviction under these laws can have a negative impact on your gun rights.

California law says that convicted felons are prohibited from:

• owning a gun, and
• possessing a gun.

Recall that a PC 16590 violation can be charged as either a misdemeanor or a felony.

Therefore, if you are:

• charged with a felony act involving a generally prohibited weapon,
• and convicted of the same,

then you will lose your gun rights.

8. Are there related offenses?

There are three crimes related to illegal acts with generally prohibited weapons. These are:

1. carrying a loaded firearm in public – PC 25850,
2. carrying an unloaded firearm in public – PC 26350, and
3. brandishing a weapon – PC 417.

8.1. Carrying a loaded firearm in public – PC 25850

Penal Code 25850 PC is the California statute that makes it a crime to:

1. carry a loaded firearm, and
2. do so in public or in a vehicle.

Note that you are guilty under this law while acting with any firearm. The weapon does not also have to be prohibited under Penal Code 16590.

8.2. Carrying an unloaded firearm in public – PC 26350

Penal Code 26350 PC is the California statute that makes it a crime to:

• openly carry an unloaded firearm,
• in a public area.

Note that you can legally carry an unloaded gun in a private residence.

8.3. Brandishing a weapon – PC 417

Penal Code 417 PC is the California statute that defines the crime of brandishing a weapon. You commit this offense by

1. drawing or exhibiting a deadly weapon or a firearm, or
2. using a deadly weapon in a fight.

Note that this statute is not limited to just a gun. It also applies to any object that can be a deadly weapon.

For additional help…

For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group.

---

Legal References: