Penal Code § 22410 PC – California Law re “Shurikens” and “Ninija Stars”

Penal Code § 22410 PC is the California statute that prohibits making, importing, selling, giving, or possessing a shuriken, or SHUR. This device is also known as a throwing star, or a ninja star.

The language of the code section states that:

22410. Except as provided in 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 shuriken is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

Examples

• Felix goes to a concert with two shurikens in his jacket pocket.
• Veronica sells a few ninja stars to neighborhood kids.
• Maurice buys a SHUR in Oregon, puts it in his car, and drives into California.

Luckily, there are several legal defenses that a person can raise if accused of a crime under this section. These include showing that an accused party:

• did not have a “shuriken;”
• is free from prosecution; and/or,
• was arrested following a coerced confession.

Penalties

A violation of PC 22410 is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony.

Either charge is punishable by:

• imprisonment in the county jail; and/or,
• a significant fine.

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

• 1. Are shurikens or ninja stars illegal in California?
• 2. Are there defenses to the charge?
  • 2.1 No “shuriken”
  • 2.2 Free from prosecution
  • 2.3 Coerced confession
• 3. What are the penalties under 22410 PC?
• 4. Are there related crimes?
  • 4.1 Illegal acts with a shobi-zue – PC 20710
  • 4.2 Illegal acts with a ballistic knife – PC 21110
  • 4.3 Illegal acts with a cane gun – PC 24410

Penal Code 22410 PC is the California statute that makes it a crime for a person to make, import, sell, give, or possess a “shuriken, “ or a.k.a “Ninja Star”

1. Are shurikens or ninja stars illegal in California?

Yes. Penal Code 22410 is the California statute that makes it a crime for a person to make, import, sell, give, or possess a shuriken or ninja star.¹

A “shuriken” is a metal object in the form of a star (or another similar geometric shape) with projecting blades or points.²

Please note that throwing stars are also prohibited under California Penal Code 16590, or California’s statute on generally prohibited weapons.³

2. Are there defenses to the charge?

A person accused under Penal Code 22410 can challenge the accusation by raising a legal defense.

Three common defenses to PC 22410 accusations are:

1. no “shuriken;”
2. free from prosecution; and/or,
3. coerced confession.

2.1. No shuriken

Please recall that Penal Code 17200 provides a specific definition of what a SHUR is. This means that it is a valid legal defense for an accused to say that while he may have committed an illegal act under PC 22410, he did so with an object that was not a “shuriken.”

2.2. Free from prosecution

Please note that certain people are free from prosecution under Penal Code 22410. For example, members of law enforcement agencies may sell, transfer, or possess these weapons. It is a defense, therefore, for a defendant to show that he falls into one of these exempted categories.

2.3. Coerced confession

California law states that police may not use overbearing measures to coerce a confession.

If a party can show that the police coerced him into a confession, then:

1. the judge may exclude the confession from evidence; or,
2. the case could get dropped altogether.

A violation of this law can result in a fine and/or jail time.

3. What are the penalties under 22410 PC?

A violation of 22410 PC is a wobbler offense under California law. This means it 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 $1,000.⁴

If a PC 22410 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 $10,000.⁵

4. Are there related crimes?

There are three crimes related to illegal acts with throwing stars. These are:

1. illegal acts with a shobi-zue – PC 20710;
2. illegal acts with a ballistic knife – PC 21110; and,
3. 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, or a pole with a knife hidden in it.⁶

A violation of PC 20710 can be charged as either a misdemeanor or a felony.

Either charge is punishable by:

• imprisonment in the county jail; and/or,
• a significant fine.⁷

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.

A violation of PC 21110 can be charged as either a misdemeanor or a felony.

Either charge is punishable by:

• imprisonment in the county jail; and/or,
• a significant fine.⁸

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.”

A violation of PC 24410 can be charged as either a misdemeanor or a felony.

Either charge is punishable by:

• imprisonment in the county jail; and/or,
• a significant fine.⁹

For further help…

Contact us for help.

If you or someone you know has been accused of a crime under Penal Code 22410 PC, we invite you to contact us for a free consultation. We can be reached 24/7.

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