Nunchucks are now legal in California. Though using nunchucks on another person still invites prosecution for battery or assault with a deadly weapon unless you were acting in lawful self-defense.
A “nunchaku” is a traditional martial arts weapon consisting of two rods or sticks connected at one end by a short chain or rope.
Under the now-repealed Penal Code § 22010 PC, California law prohibited you from making, importing, selling, giving away or having possession of nunchakus. It could have been charged as a misdemeanor or a felony, and carried a sentence of up to 3 years in jail.
PC 22010 (now repealed) stated:
“Except as provided in Section 22015 and Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who 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 nunchaku is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.”
Examples of illegal acts under this old statute include:
- Juan went to a concert with a pair of karate sticks hidden in his backpack.
- Angel made a pair of nunchakus using items she purchased from a hardware store.
- Maurice bought a few sets of nunchuks in Oregon, put them into his car, and drove into California.
Defenses
There were several legal defenses that a person could have raised if accused of a crime under Penal Code 22010. These included showing that an accused party:
- did not have a “nunchuk;”
- was free from prosecution; and/or,
- was arrested following an unlawful search and seizure.
Penalties
A violation of PC 22010 was a wobbler offense under California law. This means it could have been charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the crime was punishable by:
- imprisonment in the county jail for up to one year; and/or,
- a maximum fine of $1,000.
If charged as a felony, the offense was punishable by:
- imprisonment in a county jail for up to three years; and/or,
- a maximum fine of $10,000.
Our California criminal defense attorneys will explain the following in this article:
- 1. Are nunchakus illegal in California?
- 2. Could I get the charge dismissed?
- 3. What were the penalties for a Penal Code 22010 PC conviction?
- 4. Related Offenses
Nunchaku, also commonly known as “nunchucks”
1. Are nunchakus illegal in California?
No. Nunchucks are legal now that Penal Code 22010 PC was repealed. Under the old law, it was illegal in California to make, import, sell, give away or even to possess nunchakus.
- Nunchakus are commonly referred to as “nunchuks” or “karate sticks.” 1 2
These objects are traditional martial arts weapons consisting of two rods or sticks connected at one end by a short chain or rope.
Please note that karate sticks are no longer prohibited under California Penal Code 16590, or California’s statute on generally prohibited weapons.3 This statute lists several weapons/objects that are generally prohibited in the State of California.4
2. Could I get the charge dismissed?
A person who was accused under the now repealed Penal Code 22010 could have challenged the accusation by raising a legal defense. A good defense reduced or even dismissed the charge.
Three common defenses to PC 22010 accusations were:
- no “nunchakus;”
- free from prosecution; and/or,
- unlawful search and seizure.
2.1. No nunchuk
Note that Penal Code 22010 only applied to karate sticks. This means that it was a valid legal defense for an accused to say that, while he may have committed an illegal act with a weapon, he did so with an object that was not a “nunchuk.”
2.2. Free from prosecution
Please note that certain people were free from prosecution under Penal Code 22010. For example, members of law enforcement agencies could sell, transfer, or possess these objects. It was a defense, therefore, for a defendant to show that he fell into one of these exempted categories.
In addition, PC 22010 did not apply to schools holding a regulatory or business license if:
- the school taught the art of self-defense, and
- the nunchucks were kept on the school’s premises.5
2.3. Unlawful search and seizure
The Fourth Amendment to the U.S. Constitution declares that we have the right to be free from unreasonable “searches and seizures” by law enforcement. If authorities obtain evidence from an unreasonable, or 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.
A violation of this law resulted in a fine and/or jail time
3. What were the penalties for a Penal Code 22010 PC conviction?
A violation of PC 22010 was a wobbler offense under California law. This means it could be charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the crime was punishable by:
- imprisonment in the county jail for up to one year; and/or,
- a maximum fine of $1,000.6
Note that in lieu of jail time, a judge could have awarded a defendant with misdemeanor (or summary) probation.
If a PC 22010 violation was charged as a felony, the offense was punishable by:
- imprisonment in a county jail for up to three years; and/or,
- a maximum fine of $10,000.7
Note that in lieu of jail time, a judge may have awarded a defendant with felony (or formal) probation.
4. Related Offenses
There are three crimes. These are:
- illegal acts with a shobi-zue – PC 20710;
- illegal acts with a ballistic knife – PC 21110; and,
- illegal acts with a cane gun – PC 24410.
4.1. Illegal acts with a shobi-zue – PC 20710
Penal Code 20710 PC is the California statute that makes it a crime for a person to make, import, sell, give, or possess a shobi-zue.8
A “shobu-zue” is a pole with a knife hidden in it.
A violation of PC 20710 can be charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the crime is punishable by:
- imprisonment in the county jail for up to one year; and/or,
- a maximum fine of $1,000.
If a PC 20710 violation is charged as a felony, the offense is punishable by:
- imprisonment in a county jail for up to three years; and/or,
- a maximum fine of $10,000.
4.2. Illegal acts with a ballistic knife – PC 21110
Penal Code 21110 PC is the California statute that makes it a crime for a person to make, import, sell, give, or possess a ballistic knife.9
A violation of PC 21110 can be charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the crime is punishable by:
- imprisonment in the county jail for up to one year; and/or,
- a maximum fine of $1,000.
If a PC 21110 violation is charged as a felony, the offense is punishable by:
- imprisonment in a county jail for up to three years; and/or,
- a maximum fine of $10,000.
4.3. Illegal acts with a cane gun – PC 24410
Penal Code 24410 PC is the California statute that makes it a crime for a person to make, import, sell, give, or possess a “cane gun.”10
A violation of PC 24410 can be charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the crime is punishable by:
- imprisonment in the county jail for up to one year; and/or,
- a maximum fine of $1,000.
If a PC 24410 violation is charged as a felony, the offense is punishable by:
- imprisonment in a county jail for up to three years; and/or,
- a maximum fine of $10,000.
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Legal References:
- California Penal Code 22010 PC. Senate Bill 827 (2021).
- For a reference to “karate sticks,” please see Miranda v. Arizona (1966), 384 U.S. 436.
- California Penal Code 16590(r) PC.
- See same.
- California Penal Code 22015 PC.
- California Penal Code 19 PC.
- See same. See also California Penal Code 1170(h) PC.
- California Penal Code 20710.
- California Penal Code 21110 PC.
- California Penal Code 24410 PC.