PC § 16590 – Which weapons are illegal in California?

California Penal Code 16590 PC serves as the state’s master index of “generally prohibited weapons.”

While it is a common misconception that PC 16590 is the specific law that criminalizes these items, it is actually just a definitional statute. It categorizes dozens of weapons—from brass knuckles and cane swords to short-barreled shotguns—that the California legislature has determined are too dangerous for the general public.

The actual laws that make it a crime to possess these specific weapons are found in their own individual code sections. Regardless, the majority of these offenses are “wobblers,” meaning the prosecutor can choose to file them as either a misdemeanor or felony, punishable by up to three years in jail.

The weapons prohibited under PC 16590 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

In this article, our Los Angeles criminal defense attorneys will address the following key issues regarding unlawful weapons in California.

• 1. Weapon Crimes
• 2. Defenses
• 3. Penalties
• 4. Immigration Consequences
• 5. Expungements
• 6. Gun Rights
• 7. Related Offenses
• Full Statutory Text
• Frequently Asked Questions
• Additional Reading

1. Weapon Crimes

For you to be convicted of possessing a prohibited weapon by California Penal Code 16590, prosecutors have the burden to prove beyond a reasonable doubt that you knew the object was a weapon or capable of being used as a weapon.¹ It is not necessary that the prosecutor prove that you intended to use the object 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.

Meanwhile, possession of a weapon comprises either:

• actual possession, such as physically carrying it on your body or in a purse or backpack;³ or
• constructive possession, which is having control over the weapon (such as by keeping it in your home or a storage unit).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.

Exceptions

Certain people and situations are exempt from prosecution under PC 16590.⁵ Some of these include:

• any weapons sold or transferred to, or possessed by, law enforcement agencies, 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
• the use of unloaded weapons in movies, television, and/or video productions,⁹
• the surrender of a generally prohibited weapon over to law enforcement,¹⁰ and
• the possession of these weapons by forensic laboratories.¹¹

Short-Barreled Rifles are an example of a generally prohibited weapon per PC 16590.

2. Defenses

Here at Shouse Law Group, we have represented literally thousands of people charged with weapons offenses, including possessing prohibited weapons. In our experience, the following three defenses have proven very persuasive with prosecutors, juries, and judges at getting PC 16590-related charges lessened or dismissed.

1. There was no weapon, or any weapon was not prohibited. For instance, it is not a crime to possess X-Acto knives or pepper spray under this statute.
2. You did not know the weapon was there. For example, if someone planted the weapon in your bag without your knowledge, you committed no crime.
3. The police found the weapon through an unlawful search and seizure. In these situations, the judge can suppress any evidence found through the unlawful search, which may leave the state’s case too weak to sustain a conviction.

Typical evidence in these cases includes surveillance video, eyewitness accounts, and weapons expert witnesses.

3. Penalties

Possession of a weapon prohibited under PC 16590 is typically a wobbler in California, which means prosecutors can charge it as a misdemeanor or a felony.

As a misdemeanor, possessing a prohibited weapon carries up to one year in jail and/or $1,000 in fines. As a felony, possessing a prohibited weapon carries up to $10,000 and/or a jail sentence of 16 months, two years, or three years.¹²

In some cases, we can contact the prosecutors following your arrest to try to persuade them to bring misdemeanor charges instead of felony charges (or no charges at all).

Possessing prohibited weapons can carry up to three years in jail.

4. Immigration Consequences

A California conviction for possession of a prohibited weapon under PC 16590 may or may not have negative immigration consequences depending on your case.¹³ Consult with an attorney.

5. Expungements

You can get a PC 16590-related conviction expunged provided that you successfully completed:

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

An expungement removes many of the hardships associated with a California conviction.

6. Gun Rights

A felony conviction for possessing prohibited weapons under PC 16590 will bar you from owning or possessing a firearm. You may be able to get your gun rights restored through a California governor’s pardon.

However, if your charge is reduced to a misdemeanor or a related weapons offense, courts are strictly limited in their ability to strip your gun rights. In the recent 2026 case In re J.C., the California Court of Appeal ruled that trial judges cannot impose statutory gun bans for weapons offenses unless the specific offense is explicitly listed in California’s firearm prohibition statutes.¹⁴

7. Related Offenses

• carrying a loaded firearm in public – PC 25850
• carrying an unloaded firearm in public – PC 26350
• brandishing a weapon – PC 417
• possessing a switchblade – PC 21510
• carrying a concealed dirk or dagger – PC 21310
• assault with a deadly weapon – PC 245(a)(1)

It may be possible to get weapons charges reduced to a lesser offense or dropped.

Full Statutory Text

California Penal Code 16590 PC reads as follows:

As used in this part, “generally prohibited weapon” means any of the following:

(a) An air gauge knife, as prohibited by Section 20310.
(b) Ammunition that contains or consists of a flechette dart, as prohibited by Section 30210.
(c) A ballistic knife, as prohibited by Section 21110.
(d) A belt buckle knife, as prohibited by Section 20410.
(e) A bullet containing or carrying an explosive agent, as prohibited by Section 30210.
(f) A camouflaging firearm container, as prohibited by Section 24310.
(g) A cane gun, as prohibited by Section 24410.
(h) A cane sword, as prohibited by Section 20510.
(i) A concealed dirk or dagger, as prohibited by Section 21310.
(j) A concealed explosive substance, other than fixed ammunition, as prohibited by Section 19100.
(k) A firearm that is not immediately recognizable as a firearm, as prohibited by Section 24510.
(l) A large-capacity magazine, as prohibited by Section 32310.
(m) A leaded cane or an instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub, sap, or slungshot, as prohibited by Section 22210.
(n) A lipstick case knife, as prohibited by Section 20610.
(o) Metal knuckles, as prohibited by Section 21810.
(p) A metal military practice handgrenade or a metal replica handgrenade, as prohibited by Section 19200.
(q) A multiburst trigger activator, as prohibited by Section 32900.
(r) A shobi-zue, as prohibited by Section 20710.
(s) A short-barreled rifle or short-barreled shotgun, as prohibited by Section 33215.
(t) A shuriken, as prohibited by Section 22410.
(u) An unconventional pistol, as prohibited by Section 31500.
(v) An undetectable firearm, as prohibited by Section 24610.
(w) A wallet gun, as prohibited by Section 24710.
(x) A writing pen knife, as prohibited by Section 20910.
(y) A zip gun, as prohibited by Section 33600.

Frequently Asked Questions

Is ignorance of the law a valid defense to PC 16590-related charges?

No. It is not a legal defense to claim that you did not know a specific weapon was illegal in California. For example, if you buy a shuriken (throwing star) as a souvenir while on vacation overseas and bring it back into the state, you can still be arrested and charged even if you were completely unaware of the California ban. The prosecution only has to prove that you knew you possessed the item and knew it was capable of being used as a weapon, not that you knew it was legally prohibited.

Can I be convicted if the weapon is broken or missing parts?

Yes. You can still be convicted of possessing a generally prohibited weapon even if the item is inoperable or not in working condition. For example, removing the firing pin or mechanism from a sawed-off shotgun does not make it legal to possess. California law bans these weapons in large part to protect the public from the fear and coercion that the mere sight of such items can cause, regardless of whether they can actually be fired.

Do I have to actually intend to use the item as a weapon to be guilty?

No. To secure a conviction under PC 16590-related charges, the prosecutor does not need to prove that you intended to use the object for an unlawful purpose or to hurt anyone. They only need to prove that you had knowledge that the object could have been used in such a manner.

Are nunchakus still considered a generally prohibited weapon?

No. Historically, California strictly banned nunchakus under PC 22010 with a narrow exemption for martial arts schools. However, Senate Bill 827 formally repealed this ban. As of January 1, 2022, nunchakus are no longer classified as generally prohibited weapons, and it is completely legal for the general public to buy, sell, and possess them.

What are the rules for using prohibited weapons as props in a movie?

While California law provides a general exemption for the use of unloaded weapons in movies, television, and video productions, strict rules apply to prohibited firearms. Under Penal Code 17720, in order to legally use items like short-barreled rifles or shotguns as production props, you must be over 21 years old and obtain an official “entertainment firearms permit” from the California Department of Justice.

Additional Reading

For more information regarding gun laws, refer to the following:

• California firearm laws – List compiled by the ATF.
• Handguns Certified for Sale – Searchable list at the California Attorney General website.
• Bureau of Firearms – Agency with the California Department of Justice.
• California and federal assault weapons laws – Information compiled by the California Attorney General.
• California Has More Than 100 Gun Laws. Why Don’t They Stop More Mass Shootings? – Article in the New York Times.

Legal References: