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Weapons-Related Charges

California has many laws on the books that apply to weapons crimes. Some types of weapons are outright illegal to possess for anyone per state law. Others are illegal to possess if certain conditions are met. California law also allows the prosecution to enhance the penalties of certain other crimes if a weapon is involved. Most of these laws apply to firearms, but many cover other types of weapons as well.

Inherently Dangerous Weapons

Under California Penal Code 16590, certain weapons are illegal to possess for anyone at any time. There are more than 25 weapons listed under this statute, some of which are:

Concealed explosive substances other than fixed aluminum
Air gauge knife
Metal knuckles
Large-capacity magazine

Any of the following actions related to any of the weapons listed under Section 16590 PC can constitute a violation of this law:

Buy, sell, lend, offer for sale, or give
Possess
Manufacture or cause to be manufactured
Import into the state

You may be charged with a misdemeanor or a felony under this law, depending on the circumstances, as it is what is known as a “wobbler” offense.

Illegal Gun Possession

Generally speaking, a person over the age of 21 (or 18, in limited circumstances, such as someone with a valid hunting license) may legally purchase a firearm in California, so long it was done so legally, and the person is not exempted from doing so. Examples of situations where someone may be exempt from being able to legally purchase or possess a firearm include, but are not limited to:

The person has been convicted of a felony
The person has a serious mental illness
The person has been convicted of certain misdemeanor crimes
The person is addicted to a narcotic

Many laws in California can apply if you unlawfully possess a firearm, such as:

Felony Possession of a Firearm PC 29800
Illegal Concealed Carry PC 25400
Armed Criminal Action PC 25800

California gun possession law is expansive, and the facts of the situation at hand become especially relevant. For instance, PC 626.9 makes it illegal to possess a firearm within or close to a school, and PC 25850 makes it a crime to carry a loaded firearm in public

This is to say that while by default, one may legally purchase and possess a firearm in the state, there are many laws (many more than are covered here) that could apply that could make that possession unlawful.

Illegal Gun Use

California law is strict when it comes to using a gun, even if that gun was purchased and is being possessed legally. Some statutes on file that apply in this context include PC 417, which makes it illegal to brandish a weapon in certain circumstances. Another statute in this area is Gross Negligent Discharge of a Firearm, covered by PC 246.3.

Other Charges And Enhancements

For certain offenses, California law allows the prosecution to assert a more serious version of a charge if a deadly weapon is involved. A key example of this is Assault With a Deadly Weapon covered under PC 245(a). The penalties for this charge are significantly higher than they are for simple assault.

In a similar vein, California law also allows the court system to impose additional penalties if a firearm is involved. One instance of this is PC 12022, which allows the court to add as many as 10 years to a prison sentence.