The laws regulating the possession and control of weapons in California are extremely restrictive, and this is due to the fact that the State has as one of its primary objectives to ensure the safety and welfare of the community in general, and it is precisely the crimes related to the use of weapons that cause fatal consequences, such as personal injury and the loss of another, generating chaos and sowing panic.
The laws are so specific that there are even weapons whose possession is strictly forbidden, generally, those that are usually linked to criminal and illicit situations as they are very light, small, easy to hide, and highly effective.
The law indicates which weapons are prohibited from manufacturing, possessing, and selling and the punishments that can be imposed when an individual violates the law, which range from imprisonment to the disbursement of onerous amounts of money. However, such legal regulations are often complex to understand since there are certain legal weapons that, when modified, can be classified as illegal. This implies that transforming a weapon to work with another type of ammunition or increasing the capacity of its magazine are situations that can easily cause a subject to be found guilty of carrying out an activity with a prohibited weapon.
The above makes it clear that it is extremely important to be oriented as to the laws before attempting to execute a change to a weapon, as this could trigger fatal consequences on a criminal level; however, if you are in Los Angeles, CA, and were flagged as guilty of a Prohibited Weapons related offense, This is a situation that you can battle with the assistance of an attorney from LA Criminal Defense Attorney who can guide you and represent you before the judge, exercising the defense that best suits your case to reach a favorable ruling and ensure that your rights are respected.
What weapons are prohibited in the State of California?
In California, almost all adults 21 years of age or older have the legal right to purchase and possess firearms, although the law establishes limits on how to store, transport, and possess them.
Segment 16590 of the Penal Code states that it is an illegal act to manufacture, possess, and/or sell certain types of firearms. A violation of this regulation can significantly harm the rights of an individual and can result in severe penalties.
The laws regarding prohibited weapons in California tend to be confusing, as some are considered illegal by nature, while others are made illegal by modification. But there are certain weapons that are specifically prohibited by law, which are also known as generally prohibited weapons and are illegal to manufacture, possess and sell.
What weapons are prohibited in the State of California?
In principle, the Second Amendment to the U.S. Constitution guarantees its citizens the right to bear arms, with both limits and restrictions on the type of weapon a person may possess. Therefore, according to the provisions of section 16590 of the PC, it is considered unlawful to perform any of the actions described herein with a prohibited weapon:
– Manufacture them
– Selling them
– Possessing them
As a consequence, examples of criminal actions involving prohibited weapons and which will be punishable under California law are:
– Having a mitten in any pants pocket
– Producing short-barreled shotguns inside a dwelling and then offering them for sale.
However, it should be pointed out that what is a prohibited weapon is that kind of weapon that, according to its dangerousness, is expressly forbidden by law. Normally these kinds of weapons are short, easy to hide, and imperceptible since they are considered a great threat to people.
In California, there is a list of weapons that are prohibited, and it is quite extensive, but it is not limited only to a particular class of weapons since it also refers to other weapons such as bladed weapons or those used in the practice of certain disciplines such as martial arts.
The following are certain categories of weapons prohibited in the State of California:
– Weapons for the practice of certain martial arts disciplines that are prohibited: This refers to weapons known as shuriken and nunchaku, which are used to train or practice this martial arts discipline.
– Prohibited bladed weapons: This includes ballistic knives, butterfly knives, concealed knives such as lipstick, compressed air knives, razor belts, razor pens, and also canes with a concealed sword.
– Prohibited equipment and ammunition: As some firearms are prohibited by law, there are also certain types of equipment and ammunition whose use is expressly prohibited. This classification includes ammunition such as darts, arrows, and bullets containing explosive agents. Likewise, equipment such as quick trigger activators, high capacity magazines, and camouflaged cases in which the weapons are kept is also prohibited.
– Prohibited firearms: These are those devices created to be used as a weapon, from which a projectile is discharged by means of a cannon, product of an explosion, or any other kind of combustion. Weapons that are prohibited include short-barreled rifles, uncommon pistols, pocket pistols, handguns, handbags, homemade guns, short-barreled shotguns, or those that are undetectable or that are recognized as such.
– Other types of prohibited weapons: Within these categories, there is another category of weapons whose sale, possession, or manufacture is also prohibited, such as grenades used in military practices, blackjacks, clubs, and iron batons or slingshots.
What are the sanctions that can be imposed in case a person is convicted for this illicit act?
First of all, it should be noted that violating the provisions of Rule 16590 PC constitutes a “wobbler,” so that the prosecutor will be the one who, according to his decision, may qualify it as a felony or misdemeanor, taking into consideration certain factors at the time of deciding, in which we can highlight:
– The facts of the particular case,
– Whether or not the defendant has a criminal record,
– The number of prohibited weapons that were seized.
Thus, if this crime is classified as a misdemeanor, the following sanctions will be imposed:
– Payment of fines for a maximum value of $1,000.
– Imprisonment for a maximum of 1 year.
But, if it is qualified as a felony, the penalties will increase and in this sense, may be imposed:
– Payment of fines for a maximum amount of $10,000.
– Imprisonment for a maximum period of 3 years.
It is important to note that it is very likely that the judge will grant the benefit of probation.