Prohibited Weapons

If you have been charged with selling, possessing, and manufacturing prohibited weapons, you are likely to face severe penalties like community service, incarceration, and fines. A conviction can result in a permanent criminal record that can affect your ability to secure affordable housing, lucrative employment, and educational opportunities in the future. Understanding the nuance of California PC 16590 is vital if dealing with criminal charges. The statute offers legal defenses and exemptions that apply in various scenarios. California Criminal Lawyer Group has helped Fresno defendants over the years and can assist you. We can fight for your rights and work aggressively to ensure you obtain the most favorable case results.

Defining Prohibited Weapons

PC 16590 bans selling, possessing, and manufacturing specific dangerous weapons. Violation of this statute can lead to California felony and misdemeanor charges.

The section covers the following prohibited weapons:

Prohibited Firearms

1. A rifle and short-barreled shotgun (PC 33215).
2. Undetectable firearms (PC 24610).
3. A firearm that is unrecognizable immediately as a firearm (PC 24510).
4. Cane guns, zip guns, and wallet guns (PC 24410, 33600, and 24710).
5. Unconventional pistols (PC 31500).

Prohibited Firearm Tools or Ammunition

1. Multiburst trigger activators (PC 32900).
2. A bullet containing explosive agents (PC 30210).
3. Camouflaging firearm containers (PC 24310).

Prohibited Martial Arts Weapons

• Shurikens (PC 22410).

Prohibited Knives or Swords

• Writing pen knife (PC 20910).
• Air gauge knives (PC 20310).
• Shibi-zues (PC 20710).
• Cane swords (PC 20510).
• Belt-buckle knives (PC 20410).
• Ballistic knives (PC 21110).
• Lipstick case knife (PC 20610).

Other Prohibited Weapons

• Sandbags, sand clubs, slungshots, blackjacks, and batons (PC 22210).
• Metal replica grenade or metal military practice grenade (PC 19200).
• Leaded canes (PC 22210).
• Brass knuckles (PC 21810).

Elements of the Crime

Before convicting a person of PC 6590, the prosecutor must prove the facts of the crime below beyond any reasonable doubt:

• The accused manufactured, imported, possessed, offered, kept, exposed with intent to sell, purchased, received, gave, or lent prohibited weapons.
• The defendant was aware that they manufactured, imported, possessed, offered, kept, exposed, intended to sell, purchased, received, gave, or lent prohibited weapons.
• The defendant knew that a person could use the firearm illegally or that the unlawful weapon was purposed for illegal methods.

Please note that you can be sentenced for PC 16590 even if the firearm is not in good condition.

You Acted Knowingly

You violate PC 16590 if you acted while aware that the substance is a firearm or a person can use it as a firearm.

The prosecution does not have to establish that you planned to use the substance as a firearm. It is adequate that you were aware that a person could use the object as a weapon.

You Possessed the Prohibited Weapon

Under California law, defendants possess a firearm when they own or constructively have it.

A defendant has actual possession if they hold an object or have its immediate access. It includes when they have a weapon on their body, clothing, backpack, or purse.

A defendant has constructive possession of a prohibited weapon when they do not have access but can control it or have the entitlement to regulate it.

Weapons and Persons Exempted From Criminal Prosecution

PC 16590 exempts specific situations and individuals from prosecution. They are as follows:

• A law enforcement agency sells, possesses, or transfers a weapon.
• When a curio or people of antiques possess ammunition or relic firearms.
• Museums, libraries, and historical societies own prohibited weapons.
• Using an unloaded weapon in television, video productions, and movies.
• When forensic labs possess the weapons.
• When you surrender prohibited weapons to the police.

Penalties, Consequences, and Sentencing

Violation of PC 16690 is a California wobbler. A wobbler is a crime that the prosecutor charges as either a felony or a misdemeanor, depending on the case facts.

A misdemeanor carries the following maximum penalties:

• One thousand dollars in fine.
• A year in county jail.

On the other hand, a felony attracts the following potential penalties:

• Up to ten thousand dollars.
• Three years in county jail.

A PC 16590 conviction does not necessarily result in adverse immigration penalties.

California law bans felons from possessing or owning firearms. However, you can restore your firearm entitlement through a governor’s pardon.

Fighting the Criminal Charges

Your criminal defense lawyer should collect and review your case facts to develop the most effective legal defense. Here are the common legal strategies:

There were No Prohibited Weapons

You can only be convicted under PC 16590 if you engaged in any conduct with the prohibited weapon. Therefore, it is a legal defense to urge that, although you have the weapons, they were not prohibited weapons, as highlighted in PC 16590.

Your criminal defense attorney can hire firearm experts to testify that the weapons are illegible as statutorily prohibited weapons.

You Were Unaware the Weapons were Present

One element of the crime is that the defendant knew that the substance was prohibited or a person could use it as a firearm. Therefore, your lawyer can use your ignorance as a legal defense.

Some practical evidence your lawyer can use includes eyewitness accounts and surveillance videos.

Illegal Search and Seizure

Most PC 16590 charges arise after a police officer stops a person and conducts an investigation. The officers cannot search or seize an asset without a valid warrant proving probable cause.

Your lawyer should work aggressively to ensure the judge excludes any evidence the law enforcers collected from the illegal search and seizure. It could result in the court reducing or even dismissing your criminal charges.

Insufficient Evidence

It is easy for the prosecutor to persuade the judge about the defendant’s actual possession in PC 16590 charges. The team should present a photograph of the firearm in your motor vehicle, surveillance videos of the firearms you hold, or eyewitness accounts.

However, establishing constructive possession can be tricky. The prosecution should verify that you have the weapon and can control it.

Prosecutor’s Misconduct

The legal profession requires attorneys to comply with ethical, legal, and professional conduct. Nevertheless, not all prosecutors act like this. Please note that the misconduct can occur at any phase of the California judicial process, including sentencing and pretrial.

Here are behaviors that satisfy the prosecutor’s misconduct threshold:

• Making arguments, like commenting on your decision to refuse to testify or making inflammatory comments.
• Discrimination when selecting the jury members (Discrimination based on ethnicity, sex, or religion).
• Failing to reveal exculpatory evidence.
• Introducing false evidence.

Your lawyer will present evidence proving the prosecutorial misconduct to the court. If successful, the court can grant a motion for a new trial, order the jury members to ignore the prosecutor’s specific evidence and comments, or dismiss the criminal charges.

Related Offenses

Some of the crimes charged alongside or instead of PC 16590 include the following:

Carrying a Loaded Firearm

PC 25850 makes it illegal to possess or carry a loaded firearm in public.

Legally, a firearm is loaded if there is either an unexpected cartridge or shell in the firing chamber or if the same is in either a clip or magazine attached to the weapon.

The crime is a California misdemeanor punishable by a $1,000 fine and a year in county jail. However, the crime becomes a wobbler if there are aggravating factors like a previous criminal record, the accused used a stolen weapon, or the defendant was a member of a criminal street gang. A felony carries the following maximum penalties:

• Ten thousand dollars fine.
• Three years in jail.

Open Carry of Unloaded Firearm

PC 26350 makes it illegal to carry an unloaded and exposed handgun in a motor vehicle or a public place.

The crime is a misdemeanor that attracts a one-year county jail sentence and a one thousand-dollar fine.

Brandishing a Weapon or Firearm 

PC 417 makes it illegal to brandish a deadly weapon or firearm. Brandishing means exhibiting or drawing a weapon in a threatening way or using it in a fight other than in legal self-defense.

The offense is a California misdemeanor that attracts a $1,000 fine and a year in county jail.

Possessing a Switchblade

California PC 21510 bans you from selling, carrying, giving away, or owning in public a switchblade.

A switchblade is a pocket knife with a blade of at least two inches that you can release by pressure on the handle, a wrist flip, or a button flick.

It is a misdemeanor punishable by the following maximum penalties:

• A fine of $1,000.
• A six-month jail sentence.

However, the judge can choose to impose summary/misdemeanor probation instead.

Carrying Concealed Dirks or Daggers

Before convicting you of PC 21310, the prosecution must prove the following facts of the offense:

• You carried on your person daggers or dirks.
• You were aware you were holding them.
• You had significantly hidden it in your person.
• You knew that a person could use it as a stabbing weapon.

The crime is a wobbler. A misdemeanor is punishable by a one thousand dollar fine, summary probation, and a year in county jail. On the other hand, a felony carries three years in jail, a ten thousand dollar fine, and formal probation.

Assault with a Deadly Weapon

You violate Penal Code Section 245(a)(1) when you attack or attempt to attack somebody else using a weapon that can cause great bodily injuries or death.

It is a wobbler. A misdemeanor carries a year in jail, while a felony is punishable by four years in state prison.

Restoring Your Firearm Rights

You cannot restore your gun entitlement if the court finds you guilty of a felony involving dangerous weapons. A dangerous weapon is an instrument, object, or weapon that an individual can use to cause death or great bodily injuries.

Also, federal laws prevent California from restoring a defendant’s gun rights under the following circumstances:

• You have a domestic violence conviction.
• You are an abuser of controlled substances, or the court took you to a mental health institution.

Otherwise, there are 2 (two) methods of reinstating your firearm rights, namely:

• Reducing your felony to a California misdemeanor.
• Through a governor’s pardon.

Reducing Your Felony Wobbler to a California Misdemeanor

You can restore your firearm entitlement by reducing a felony to a California misdemeanor, provided the prosecutor charged you with a qualifying felony wobbler. A qualifying wobbler is one for which the judge sentences a defendant to probation or county jail.

You can reduce your felony charges if:

• You are found guilty of a California wobbler felony and are on probation (you must first bring a petition to have the probation terminated).
• You were found guilty of a California felony and have completed probation or served time in jail.
• The court sentenced you for a California felony, and the judge did not impose probation but sent you to jail.

Typically, the court will restore your gun rights after reducing the felony to a California misdemeanor. However, if your California misdemeanor charge results in ten years of firearm restriction, you should wait for 10 years to elapse before possessing a gun.

Through a Governor’s Pardon

A pardon from a governor must be unconditional and full to restore your 2nd Amendment to the United States Constitution right. A pardon does not delete your criminal records but restores specific legal rights.

You could receive a governor’s pardon if the court sentenced you to a felony that does not qualify for a reduction to a misdemeanor.

The only requirement for a governor’s pardon is exceptional conduct for an extended duration. Your application will be considered if the court discharges you from parole or probation for ten years without any crime.

1. Certificate of Rehabilitation

A Certificate of Rehabilitation is an order that states that you are rehabilitated for your offense. Its qualification criteria include the following:

1. You live in the Golden State.
2. You were found guilty of a felony.

A COR does not restore your firearm entitlement, and you should receive your gubernatorial pardon first. The court grants you a COR; it becomes your governor’s pardon application.

You apply for a COR to the superior court in the county of your residence. You should also file all the appropriate documents when submitting your request to the court. To qualify, you should have lived in the state for more than five years before:

1. The release on probation or parole.
2. Discharge from detention due to completing your sentence.

Once the court grants you the certificate, the document is transferred to the Board of Clemency for your pardoning consideration by the California Governor. If approved, your gun ownership rights will be reinstated.

2. Petition for a Pardon with the California Board of Clemency

You should petition for a COR before seeking a pardon to demonstrate that you have taken every possible measure available at the courthouse level. Nevertheless, in some cases, the certificate is not available, and the pardon could be the last course of action. The California pardon is a legal request to be forgiven for the case and to request a reinstatement of your right to possess a firearm. It can be a long process, but it is possible. You should ensure you have strong evidence proving your rehabilitation and ability to improve yourself and your community. The stronger your case, the higher the possibility of favorable case outcomes.

Understanding Your Constitutional Rights

After a law enforcement officer has arrested you, it can sometimes be challenging to maintain a clear mind. You could be nervous, devastated, or even confused. You will want to do whatever is possible to escape your situation. However, knowing your legal rights will help you understand the proper steps to take and how to navigate the process.

There are several legal restrictions on how law enforcement should conduct themselves around you. Your constitutional rights safeguard you from police intimidation or abuse.

These rights include the following:

• The right to a speedy trial — The 6th Amendment to the United States Constitution guarantees that your case should occur within a reasonably short period following your arrest. While there are no specific deadlines, judges decide based on case facts whether a person’s trial has been delayed before dismissing a case.
• The entitlement to a public trial — You have a legal right to a jury trial if you face criminal charges. However, the entitlement is not absolute.
• The legal right to be informed of your charges — The 6th Amendment requires the judge to advise you of your criminal charges during your arraignment.
• The right to legal representation — The 6th Amendment provides each defendant with the legal right to an attorney. If you cannot afford to pay your legal fees, the court can provide you with a public defender free of charge.
• The entitlement to call witnesses and question prosecution witnesses— In a criminal case, you can bring evidence and call witnesses. You can also challenge the prosecution witness.
• Constitutional protection from cruel and unjust treatment — The 8th Amendment to the U.S. Constitution guarantees the entitlement to be free of cruel and unjust punishment. The right applies while in confinement and when serving a prison sentence.
• The legal protection against double jeopardy — Double jeopardy is your right not to be prosecuted for the same crime several times. The protection comes from the 5th Amendment of the United States Constitution.
• Right to remain silent — The 5th Amendment to the Constitution protects you from being forced to testify against yourself in a criminal case. It is a privilege against self-incrimination (The prosecution can use any statement you make against you in court). You can invoke your right by telling the police you wish to talk to your defense attorney or keep quiet. Any evidence the police gather after pleading your right is inadmissible in court.
• Entitlement to adequate representation — All defendants have a right to adequate legal representation during plea bargain negotiations and trials. Nonetheless, this right does not imply perfect representation.

You should not argue with law enforcement regarding your innocence during an arrest. Arguing can be deemed resisting arrest, which could lead to additional criminal charges. Even if you believe in your innocence, it helps to obey the police's instructions. Remember to exercise your right to remain silent and legal representation.

Courtroom Etiquette

Your conduct in court gives the judge a good first impression and increases your chances of receiving the best possible case results. Listed below are some court etiquettes.

• Dress formally — Take off your sunglasses or hat before entering the courtroom. If possible, avoid wearing tank tops, shorts, and open shoes. In other words, consider dressing like you are going for a job interview.
• Be punctual — Arrive for your court hearing early so that you can find parking, locate the proper courtroom, go through security checks, and briefly meet with your lawyer.
• Switch off your cell phone — Court bailiffs dislike telling individuals to turn off ringing cell phones in the courtroom. They could ask you to exit the court. Do not risk aggravating the judge.
• Do not speak without your lawyer’s authorization — You might want to give your side of the story. Nevertheless, your attorney should speak in your defense. Speaking for yourself could damage your case’s defense or cause more legal trouble.
• Address the court with respect — If you have any doubts, “Your Honor” is a respectful way to address the judge, which applies to both genders.
• Control yourself — Sometimes, it is upsetting to hear people mention terrible things about you in a courtroom. However, getting visibly annoyed or aggravated adds nothing to your defense.

Find a Competent Fun Offense Attorney Near Me

California has strict gun laws, and a criminal charge can lead to severe penalties and a criminal record. That is why you, the defendant, should explore strategies to help you avoid serving time, paying fines, and damaging your reputation. Available legal defenses depend on your specific case facts, and the California Criminal Lawyer Group can listen to your side of the story, collect evidence, interview witnesses, and review evidence to determine the most effective legal strategy.

Do not take chances with your PC 16590 charges that can affect your reputation, career, liberty, and finances. We provide free initial consultation and can offer an honest case assessment. Please call our Fresno office at 559-712-8377 to book your legal appointment.