Possessing a prohibited weapon doesn’t just lead to potential jail sentences and fines; it can lead to a permanent loss of firearm rights. Even if you believe you are entitled to your weapon, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) often has very different lines of thinking.

Misunderstandings between yourself and the law, or between law enforcement and yourself, can result in losing your weapons and potentially time in prison.

San Diego Defense Attorney for Possession of a Prohibited Weapon

If you have been visited by the ATF or local law enforcement because of your firearm possession, you can expect no sympathy from them. While it is generally advised to cooperate with federal authorities, you should do so after speaking to a lawyer. Many times, authorities will coerce rightful owners into allowing unlawful searches or incriminating themselves.

Attorney Michael Cindrich has decades of experience protecting clients in second-amendment cases, including in cases involving the possession of so-called prohibited weapons. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.

Don’t sleep on your rights. Contact Michael Cindrich right away for a free consultation at (619) 262-2500.

Overview of Prohibited Weapons Laws in California

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California Laws for Possession of a Prohibited Weapon

California Penal Code Section 16590 governs the possession of generally prohibited weapons. This section lists a variety of weapons that are illegal to possess, manufacture, sell, or transport unless explicitly exempted by law. Examples of prohibited weapons include:

  • Short-barreled rifles or shotguns (Penal Code § 33215).
  • Cane guns (Penal Code § 24410).
  • Large-capacity magazines (Penal Code § 32310).
  • Wallet guns (Penal Code § 24710).
  • Multiburst trigger activators, including bump stocks and trigger cranks (Penal Code § 32900).
  • Undetectable firearms (ghost guns) (Penal Code § 24610).
  • Zip guns (Penal Code § 33600).

Certain exemptions apply under specific circumstances. For instance, antique firearms and weapons used in motion picture productions may not fall under the scope of Penal Code § 16590. However, these exemptions are narrow and require careful legal interpretation.

The law also prohibits specific ammunition types, such as bullets containing explosive agents (§ 30210) or flechette darts (§ 30210).

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Key Terms under California Section 16590

California Penal Code Section 16590 uses many technical terms, which are defined elsewhere in the Penal Code:

  • Firearm (§ 16520): A device designed to expel a projectile by the force of an explosion or combustion. This includes rocket-propelled projectiles and their launchers in certain contexts.
  • Short-barreled rifle (§ 17170): A rifle with a barrel less than 16 inches or an overall length of less than 26 inches.
  • Cane gun (§ 16330): A firearm mounted or enclosed in a walking stick, staff, or similar device.
  • Large-capacity magazine (§ 16350): An ammunition feeding device capable of holding more than 10 rounds, unless permanently altered to hold fewer.
  • Multiburst trigger activator (§ 16930): Devices designed to increase a firearm’s rate of fire, including bump stocks and trigger cranks.

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What Determines if Someone is Guilty?

To secure a conviction for possession of a prohibited weapon, prosecutors must prove the following elements beyond a reasonable doubt:

  1. The defendant possessed the item: Possession can be actual (e.g., the item is on the person) or constructive (e.g., the item is in a place the defendant controls, such as a car or home).
  2. The item is a prohibited weapon as defined by law: Prosecutors must show that the weapon falls under the specific descriptions provided in Penal Code § 16590 and related sections.
  3. The defendant knew of the weapon’s presence: The prosecution must prove that the defendant was aware of the weapon and its nature. Lack of knowledge may be a valid defense.
  4. The possession was unlawful: If an exemption applies (e.g., the weapon is an antique firearm), the prosecution must show that the exemption does not apply to the defendant.

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Penalties for Possession of a Prohibited Weapon

The penalties for possession of a prohibited weapon in California vary depending on the specific weapon involved, the circumstances of the offense, and the defendant’s criminal history. Under California Penal Code Section 16590, these offenses can be classified as misdemeanors or felonies.

  • Misdemeanor Penalties:
    Some prohibited weapon offenses, such as possession of certain types of ammunition, may result in misdemeanor charges. Convictions carry penalties of up to one year in county jail and fines of up to $1,000.
  • Felony Penalties:
    Possession of more dangerous items, like short-barreled rifles (§ 33215) or multiburst trigger activators (§ 32900), is often charged as a felony. Felonies carry penalties of 16 months, 2 years, or 3 years in state prison and fines of up to $10,000.

Certain aggravating factors, such as prior felony convictions or possession of the weapon during the commission of another crime, can result in enhanced penalties. For example, possessing a prohibited weapon while violating drug laws or committing assault may lead to additional sentencing enhancements.

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Common Questions About Prohibited Weapon Charges in California

“What if the weapon wasn’t mine but was found in my house or car?” Constructive possession requires showing that the defendant had control over and knowledge of the weapon.

“Will I Lose My Firearm Rights?”: Possibly. Convicted individuals may be permanently prohibited from owning or possessing firearms under both state and federal law.

“Are antique firearms really exempt?” Yes, under Penal Code Section 17700, antique firearms are often exempt, but the burden is on the defendant to prove the weapon qualifies.

“Can a weapons charge affect my immigration status?” Convictions for prohibited weapon offenses can lead to deportation or denial of citizenship for non-citizens.

“How does this charge differ from illegal firearm possession?” Illegal firearm possession usually involves standard firearms, while prohibited weapon charges target specific dangerous or disguised weapons.

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Additional Resources

California Penal Code Section 16590 – This is California’s law regarding the possession, sale, and manufacture of generally prohibited weapons, such as short-barreled rifles, cane guns, and explosive ammunition. It provides specific definitions and exceptions, including those for antique firearms and weapons used in lawful activities like entertainment productions.

Assault Weapons Laws (California and Federal Law) – This source explains California’s restrictions on assault weapons by type, model, and characteristics, under Penal Code Sections 30510 and 30515. It also discusses the expired Federal Assault Weapons Ban, which formerly regulated assault weapons nationwide. Readers can learn about specific prohibited firearm features and how California’s assault weapon laws differ from federal regulations.

Firearms Prohibiting Categories – This document from the California Department of Justice lists state and federal firearm prohibitions for individuals based on criminal convictions, restraining orders, mental health conditions, and other legal factors. It includes misdemeanor and felony offenses that result in firearm restrictions and provides details about firearm ownership eligibility. Readers can use this to identify who is legally barred from owning firearms in California.

San Diego Municipal Code on Prohibited Firearms, Dangerous Weapons, and Explosives – This section of the San Diego Municipal Code covers local regulations on firearms, dangerous weapons, and explosives. Topics include residential firearm storage, the use of assault weapons, and restrictions on non-serialized firearms (ghost guns). Readers can learn about specific rules and penalties for firearm violations within San Diego city limits.

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Hire an Attorney for Possession of a Prohibited Weapon

The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.

Contact Michael Cindrich right away for a free consultation at (619) 262-2500.