Citizens of the United States are guaranteed the right to bear arms under the U.S. Constitution. However, this right does not extend to all weapons. In fact, the state of California has set down hard limits on the types of weapons individuals can and cannot possess.
California Penal Code Section 16590: Manufacturing, Selling, or Possessing Dangerous Weapons can be used to prosecute individuals who handle restricted weapons. The Simmrin Law Group can help you go over:
- The Weapons Prohibited Under PC 16590.
- The Penalties for a PC 16590 Conviction.
- The Legal Defenses for PC 16590 Charges.
Weapons Considered “Dangerous” in California
PC 16590 provides a list of weapons that are generally prohibited in the state of California. This can reduce confusion over what the state considers dangerous weapons. Possessing, selling, or making any of the following bladed or hand-weapons can lead to criminal charges:
- Air Gauge Knifes.
- Ballistic Knives or Belt Buckle Knives.
- Cane Swords or Leaded Canes.
- Lipstick Case Knife.
- Metal Knuckles.
- Concealed Dirks or Daggers.
- Nunchakus, Shurikens, or Shobi-Zues.
Certain forms of ammunition and explosives are also prohibited, including:
- Flechette Darts or Bullets with Explosive Agents.
- Concealed Explosive Substances.
- Large Capacity Magazines or Multiburst Trigger Activators.
- Military Hand Grenades or Metal Replica Hand Grenades.
Finally, the following types of firearms are not permitted in California:
- Short-Barreled Rifles or Shotguns.
- Unconventional Pistols or Undetectable Firearms.
- Cane Guns, Wallet Guns, or Zip Guns.
Individuals may face PC 16590 charges just for possessing any of these restricted weapons. Selling, creating, or importing these weapons can also result in a criminal conviction.
Penalties for a PC 16590 Conviction in California
Individuals who possess, sell, or manufacture any of the above weapons could be convicted under PC 16590. A conviction for manufacturing, selling, or possessing dangerous weapons can lead to up to three years of time in prison.
Note that PC 16590 may be prosecuted as a misdemeanor or a felony. Individuals who are charged with a misdemeanor should only face up to one year of time in jail.
Charges Similar to PC 16590 in California
The court system in California has a number of legal codes designed to regulate the usage of firearms and other weapons. Individuals may face criminal charges for violating:
- California Penal Code Section 417: Brandishing a Weapon or Firearm.
- California Penal Code Section 21310: Carrying a Concealed Dirk or Dagger.
- California Penal Code Section 21510: Possession of a Switchblade.
- California Penal Code Section 25850: Carrying a Loaded Firearm in Public.
- California Penal Code Section 26350: Carrying an Unloaded Firearm in Public.
Note that some individuals can face harsher penalties for the possession of restricted devices than others. Convicted felons can face serious legal charges for possessing any firearm, even those not generally restricted in the state of California.
All of these charges can lead to serious repercussions following a conviction. Individuals could be subjected to fines and jail time. Generally, the penalties for a conviction will be more severe if an individual harms someone else while using a weapon in the state of California.
Legal Defenses for PC 16590 Accusations
You can get help dealing with accusations for manufacturing, selling, or possessing dangerous weapons. A Los Angeles criminal defense lawyer can take on your case. Let a legal professional go over all of your legal options. Based on your situation, your lawyer could work to show that:
You Were Legally Permitted to Possess a Dangerous Weapon
There are a number of exceptions to PC 16590 charges. Individuals may be able to legally possess a dangerous weapon if they have special authorization. Any of the following individuals or organizations may be able to possess these weapons:
- Antique Collectors.
- Martial Arts Academies.
- Film Production Companies.
If you had legal authorization to work with dangerous weapons, you should not be convicted under PC 16590.
You Were Subjected to an Illegal Search
Sometimes, police officers in California overstep their bounds and perform illegal searches. If you were discovered with a restricted weapon during an illegal search, the charges against you could be thrown out. Contact a legal professional today if you are dealing with this situation.
Handle PC 16590 Charges with a Professional Legal Team
California Penal Code Section 16590: Manufacturing, Selling, or Possessing Dangerous Weapons charges can be challenging to handle on your own. Fortunately, you can get legal advice today from the Simmrin Law Group. You can reach us today by completing our online contact form or calling 310-896-2723.
Focus on building a strong defense by contacting our criminal defense lawyers in Los Angeles for a FREE initial case evaluation.