Firearm and weapon statutes are arguably some of the most complex and harsh in the Penal Code. These statutes regulate and outline who can legally possess firearms, the specific firearms or guns you can possess, and those that are illegal.

In addition to this legal complexity, some legal weapons only become unlawful when you make particular modifications to them. For instance, when you change the type of ammunition your legally acquired gun uses, you could land yourself in trouble with the law. However, possessing, manufacturing, and selling certain weapons, generally known as "prohibited weapons," is illegal.

If you are under arrest or facing charges for unlawfully manufacturing, selling, transferring, or possessing a prohibited weapon in Fresno, our attorneys at California Criminal Lawyer Group can help. Considering the sophistication and gravity of these charges, you would want to contact us as soon as possible to increase your odds of securing a desirable outcome.

Our credible defense attorneys have significant experience handling gun-related charges and can use the best legal defenses to convince the court to drop or reduce your charges.

Definition of Prohibited Weapons Under Penal Code (PC) 16590

PC 16590 makes it illegal to possess, manufacture, sell, and transfer certain dangerous weapons, also known as "prohibited weapons." Some of the weapons that could put you in trouble with law enforcement officers under this statute include, but are not limited to, the following:

  • Undetectable firearms.
  • Short-barreled shotgun.
  • Unconventional pistols.
  • Camouflaging firearms.
  • Ballistic knives.
  • Can swords.
  • Belt-buckle knives.
  • Writing pen knives.
  • Shobi-Zeus.
  • Brass knuckles.
  • Shurikens.
  • Blackjacks.
  • Batons.
  • Leaded canes.

The primary purpose of this statute is to ban individuals from manufacturing, selling, and importing these dangerous weapons, which are easy to use and conceal, posing a safety issue to the public. In most situations, people who import or have the weapons mentioned above in their possession have the criminal intent to use them for unlawful reasons since they are undetectable and highly lethal.

If you are under arrest, under investigation, or charged under PC 16590, an attorney can help you understand your legal rights and smooth the legal process to obtain a desirable outcome.

What to Expect at the Arraignment Hearing When Charged With a PC 16590 Violation

The arraignment hearing will be your initial court appearance after an arrest and passing the administrative booking procedure, which entails the following:

  • Recording of the allegations you are up against, legal name, DOB (date of birth), and physical description, including your height and skin color.
  • Mugshot-taking.
  • Fingerprint-taking.
  • Confiscation of your goods and items, including belts and watches.
  • A thorough search of your person to determine whether you have any contraband or illegal items.

If your arrest did not occur on a weekend or a public holiday, the court will hold an arraignment hearing within twenty-four (24) hours after an arrest. However, if your arrest occurred during a public holiday or a weekend, this hearing could occur within forty-eight (48) or seventy-two (72) hours. During the hearing, the judge presiding over your case will do the following:

  • Inform of your constitutional rights, including the right to have a public defender if you cannot afford or are unwilling to hire a personal attorney.
  • Inform you of the available plea options and the consequences of each, including:
  1. "Not guilty" plea.
  2. "Guilty" plea.
  3. "No contest" plea.
  • Determine your eligibility for a pretrial release on bail based on the following factors:
  1. Criminal record.
  2. The sophistication and facts of your case.
  3. Likelihood of fleeing the country or state after your release.
  4. Your behavior in court.
  5. Whether you have a record of "jumping" bail or failing to make your court appearances after a release on bail.

If you are an excellent candidate for a pretrial release on bail, the judge will allow you to go free before your scheduled court appearances or hearings once you pay the set bail price.

Pretrial Motions You Can File When Charged Under PC 16590 to Obtain a Desirable Outcome

Before your case trial, the court could hold a pretrial hearing, which gives the prosecutor and your defense attorney a chance to exchange their evidence and determine whether your case is fit to stand trial. During this hearing, your defense attorney can also file various motions to convince the court to drop or reduce your charges, including:

Motion to Suppress

One of the fundamental rights under the 4th Amendment of the Constitution is the right to be free from unlawful and warrantless searches and seizures. If arresting police officers obtained any evidence against you through illegal searches, the court will consider that evidence inadmissible. That means the prosecutor cannot use that evidence against you at trial.

Pitchess Motion

If your defense attorney believes your arrest was due to police misconduct, he/she can file a Pitchess motion. This motion gives your attorney access to the officer's file to determine whether he/she has a record of misconduct or complaints. If he/she has a history of misconduct, your defense attorney can use that to attack the credibility of the prosecutor's evidence against you.

Serna Motion

Your attorney can file a Serna motion if you were denied your legal rights to a speedy trial upon arrest. The court could consider this motion and dismiss the charges you are up against if the delay was due to the prosecutor's negligence.

The specific motion your defense attorney will file will depend on the circumstances and facts of your unique criminal case. Since the court will resolve and dismiss most criminal cases during this stage of the criminal justice system, a reliable and seasoned defense attorney will strive to make the most of this process.

With an aggressive and seasoned defense attorney, the court could dismiss or reduce your PC 16590 charges to a lighter offense with less severe penalties upon conviction.

The Prosecutor's Legal Burden at the Trial Hearing When Charged With a PC 16590 Violation

For the jury or judge to convict you for a PC 16590 violation, the prosecutor must satisfactorily prove beyond a reasonable doubt the following elements of the crime:

  • You knowingly manufactured, possessed, caused to be manufactured, imported, offered to sell, or received a weapon that qualifies as a prohibited weapon under PC 16590.
  • You knew that the object or item in question was an illegal weapon.

When proving the above facts, several questions will arise regarding the legal meaning of the following terms:

  1. Knowingly

You could be guilty of a PC 16590 violation if you knew the tool or item in question was an illegal or prohibited weapon. That is true even if you did not intend to use the item or object to commit any unlawful activity. Furthermore, the prosecutor does not have to show that the object was in perfect working condition to secure a conviction against you under PC 16590.

  1. Possess

For the sake of PC 16590, you have possession over an object if it is within your person, personal belongings, vehicle, or a place or room you have legal control over. For instance, if the arresting officers discovered brass knuckles in your home's garage, the prosecutor can argue these prohibited objects were in your possession.

Weapons and Individuals Exempt from Prosecution Under Penal Code 16590

Certain situations and individuals are exempt or immune from criminal prosecution under PC 16590, meaning they cannot face criminal consequences for possessing or carrying a prohibited weapon. Some of these situations and individuals include:

  • Possession of illegal weapons by museums and libraries.
  • Possession of unlawful weapons by forensic laboratories.
  • Selling, transferring, or possessing prohibited weapons with the intent to sell them to law enforcement agencies.
  • When turning a prohibited or illegal item over to the police.
  • Possession of illegal ammunition or firearms by a person of antique.
  • Using prohibited weapons in video productions, television, or movies.

How to Challenge a Criminal Charge Under PC 16590

Fortunately, there are several legal defenses a seasoned defense attorney could use to challenge a PC 16590 charge and obtain the best possible outcome. Some of these defenses include the following:

You Did Not Have Any Prohibited Weapon

The prosecutor can only obtain a conviction against you under PC 16590 if you possessed, manufactured, sold, or transferred a prohibited weapon. That means the court could reduce or drop your charges if your attorney can argue with convincing evidence that you had a weapon or object in your possession, but it is not illegal under this statute.

An experienced defense attorney can hire and work with a weapons specialist or expert to testify that the object or tool you had in your possession was not a prohibited weapon.

You are a Victim of Warrantless or Unlawful Searches and Seizures

The issue of illegal searches is not uncommon in weapon-related cases. Law enforcement officers must have a valid court-obtained warrant to legally search and confiscate any material or evidence they can use against you to justify your arrest.

If the prosecution team has any illegal evidence obtained through an illegal search, your attorney can ask the court to exclude the evidence from your criminal case. That means the judge or the jury could drop or reduce your PC 16590 charges to a less severe offense.

You are one of Those People Exempted from Prosecution Under PC 16590

The court will dismiss your criminal charge if you fall into the abovementioned class of individuals exempt from prosecution under PC 16590. The prosecutor cannot secure a conviction against you under this statute if you have a legal permit authorizing you to possess, manufacture, or sell prohibited weapons.

You Were Unaware the Object or Tool in Question Was Illegal

Remember, the prosecutor can only secure a PC 16590 violation conviction against you if he/she can prove that you knew the tool or object was an illegal or prohibited weapon. Therefore, it would be reasonable to argue that you were unaware that the object in question was prohibited or capable of being used illegally as a weapon. Some of the evidence your defense attorney could use includes:

  • Eyewitness testimonies.
  • Surveillance videos.

The Prosecutor's Evidence Against You is Insufficient

Like any other criminal offense, to secure a conviction against you under PC 16590, the prosecution team must prove all the elements of the crime beyond a reasonable doubt using proper evidence. Therefore, it is a valid legal defense to argue that the prosecutor lacks sufficient evidence to obtain a conviction against you under PC 16590.

If any of these legal defenses work in your favor, the court will reduce or dismiss the allegations you are up against and allow you to go home.

Legal Penalties for a PC 16590 Violation Conviction

Unfortunately, when the prosecutor secures a PC 16590 violation conviction against you, you could face felony or misdemeanor penalties because this offense is a wobbler. When charged as a misdemeanor, a conviction under this statute will carry the following legal penalties:

  • Detention in the county jail for not more than one (1) year.
  • A fine amounting to up to $1,000.

However, if the facts of your case make it a felony, you should expect the following legal penalties upon a PC 16590 violation conviction:

  • A fine not exceeding $10,000.
  • Not more than three (3) years of jail time.

In addition to these penalties, a conviction for a severe offense like a PC 16590 violation will negatively affect your reputation, making it challenging to do the following:

  • Qualify for reliable employment.
  • Secure an apartment to live in.
  • Obtain professional licenses.
  • Secure admission to university or college.

For all these reasons, you would not want to risk dealing with police officers, prosecutors, or jurors without a legal representative. A skilled attorney could help you avoid these penalties or convince the jury or the judge to impose the minimum sentence for your conviction under PC 16590.

How an Expungement Could Help After a PC 16590 Violation Conviction

An expungement under PC 1203.4 can be helpful to avoid the detrimental consequences of a PC 16590 violation conviction, regardless of whether your offense is a felony or misdemeanor. However, the court will require you to meet specific eligibility criteria to qualify for an expungement. For instance, you would be eligible for an expungement if:

  • You have successfully completed your probation.
  • You did not serve your sentence in the state prison, or you would qualify to serve your sentence under Proposition 47.
  • You do not have any pending criminal charge.

For the sake of PC 1203.4, to "successfully complete your probation" means:

  • You adhered to all the required terms and conditions.
  • You did not commit any new offense while on probation.
  • You showed up on all your court-scheduled appearances or hearings.

If you received a PC 16590 violation conviction at trial, the court will set aside the guilty verdict once you obtain an expungement. Once the court expunges your PC 16590 violation conviction, you can legally say you do not have a criminal record when anyone, including potential employers, inquires about your criminal history.

Since it is a complex legal process, you should let your defense attorney handle all the paperwork and the talking during your expungement hearing. Whether the judge will require your presence during this hearing will depend on your case's facts. If necessary, your defense attorney will let you know and help you prepare for the hearing to increase your chances of obtaining a desirable outcome.

Ultimately, the judge will decide whether to accept your expungement petition. The judge is likely to grant your expungement petition if your attorney can satisfactorily prove that:

  • You had a job before your arrest, or you can maintain a job.
  • You do not have a criminal record for any other offense.
  • You have performed community service.

If the court grants your expungement petition, your attorney will help you seal the case. Sealing your criminal record means it will not appear in most criminal history checks since the court will destroy even your records of arrest, including:

  • Police reports.
  • Fingerprints.
  • Mugshots.
  • Rap sheet entries.

Aside from eliminating the detrimental consequences of a conviction, expunging and sealing a criminal record gives you a chance for a fresh start without a criminal record. Other ways you can avoid the detrimental consequences of a PC 16590 violation conviction include:

  • Obtaining a certificate of rehabilitation (COR).
  • Obtaining a Governor's Pardon.

Your defense will help you choose the ideal post-conviction relief option suitable for you, depending on the facts of your unique criminal case.

Offenses Closely Related to a PC 16590 Violation

Offenses related to a PC 16590 violation are the ones that have similar facts or elements of the crime that the prosecution team must prove at trial to obtain a conviction against you. Depending on the specific facts and circumstances of your case, the prosecutor could file any of the following three related offenses against you alongside or instead of the PC 16590 charge:

  1. Carrying a Loaded Gun in Public

PC 25850 makes it a criminal offense to carry a loaded gun in a motor vehicle, public street, or a public place. Even if the weapon or object in question is not illegal under PC 16590, the prosecutor can obtain a conviction against you under PC 25850 if he/she can prove the following:

  • You had a loaded firearm or gun in your vehicle or person.
  • You were aware of the weapon's presence.
  • At the time of the arrest, you were in a public place or street.

A public place is any area open for general use and accessible to all residents. Other questions that arise in the legal definition of this offense are the meaning of the following terms:

  1. Firearm or gun – A firearm is any device that you can use as a weapon to discharge projectiles through its barrel by explosion, for example, a revolver or pistol.
  2. Loaded firearm – A loaded firearm has either of the following:
  • An unexpended shell or cartridge in its firing chamber.
  • An unexpended shell or cartridge in a clip or magazine attached to the firearm.

Since a PC 25850 violation is a misdemeanor, a conviction could carry the following legal consequences:

  • Up to one (1) year of jail time.
  • A fine not exceeding $1000.
  • Misdemeanor probation.

However, if you are not the registered legal owner of the firearm or have a criminal record for a drug offense, the prosecutor could file your offense as a wobbler. In that case, you should expect felony or misdemeanor penalties once the prosecutor obtains a conviction against you. A felony PC 25850 violation conviction could carry up to three (3) years of jail time.

  1. Carrying an Firearm or Gun in Public

According to PC 26350, it is a crime to carry an unloaded gun or firearm in a vehicle or public place unless any of the following is true:

  • You are a hunter.
  • You are a military personnel.
  • You have a valid license or permit to carry the firearm.
  • You are a police officer.
  • An employee at a gun repair shop.
  • You are a licensed dealer or manufacturer of firearms.

A PC 26350 violation is chargeable as a misdemeanor, carrying the following potential penalties upon conviction:

  • Up to one (1) year of jail time.
  • Up to $1,000 maximum fine.
  • Misdemeanor or informal probation.

  1. Brandishing a Weapon

PC 417 defines the offense of brandishing a weapon as exhibiting or drawing a dangerous weapon like a firearm or butcher knife in a threatening way or using it in a fight. A PC 417 violation is a misdemeanor in the eyes of the law. When charged with a PC 417 violation, your penalties could include:

  • A misdemeanor or informal probation.
  • Up to $1,000 maximum fine.
  • Detention in the county jail for not more than one (1) year.

In addition to these penalties, a conviction under this statute could attract negative immigration consequences because it is a violent firearm offense. That means you could face deportation upon conviction for a PC 417 violation.

Find a Credible Fresno Defense Attorney Near Me

We invite you to contact our skilled defense attorneys at California Criminal Lawyer Group at 559-712-8377 if you are under arrest or charged with a PC 16590 violation in Fresno. Once you contact us, we will leave no stone unturned when preparing the most suitable defenses to challenge your unique charge for the best possible outcome.