Penal Code § 22910 PC - Defacing a Tear Gas Weapon
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1. What is Penal Code § 22910 PC?
Penal Code § 22910 PC Law Reads As Followed:
Any person who changes, alters, removes, or obliterates the name of the manufacturer, the serial number, or any other identification mark on a tear gas weapon is guilty of a felony.
2. What Are Examples of Penal Code § 22910 PC?
Penal Code § 22910 PC makes it illegal to alter, remove, or deface identifying marks on a tear gas weapon in California. This law helps regulate these weapons and ensures that they remain traceable. But what does this law look like in real-life situations? Below are some examples of actions that could lead to charges under PC 22910.
1. Removing the Serial Number from a Pepper Spray Canister
John purchases a canister of pepper spray but wants to sell it illegally. He scrapes off the manufacturer’s name and serial number to make it untraceable. Because pepper spray qualifies as a tear gas weapon under California law, John can be charged under PC 22910 for defacing an identifying mark.
2. Altering the Manufacturer’s Name on a Tear Gas Gun
Sarah buys a tear gas pistol online. She wants to make it look like a different model, so she engraves a new name over the manufacturer’s branding. This modification violates Penal Code 22910, making her subject to a felony charge.
3. Selling a Defaced Tear Gas Weapon
A gun dealer, Mike, acquires several tear gas weapons and removes the serial numbers before selling them to buyers who do not want their purchases tracked. Even if Mike did not personally alter the serial numbers, his knowledge of the defacement makes him criminally liable under PC 22910.
4. Possessing a Tear Gas Weapon with Defaced Markings
Jessica buys a second-hand fountain pen gun that releases tear gas. She later realizes that the serial number is scratched off. Even though she did not deface the weapon herself, she could still face charges if she cannot prove she was unaware of the alteration.
5. Modifying a Police-Issued Tear Gas Grenade
A protester, Adam, modifies a tear gas grenade by covering up the identifying marks on the casing. He does this to avoid being linked to its possession. This act directly violates PC 22910, and if caught, Adam could face felony charges and up to three years in state prison.
3. What are Common Defenses Against Penal Code § 22910 PC?
Penal Code § 22910 PC makes it illegal to alter, remove, or deface the identifying marks on a tear gas weapon in California. A conviction under this statute carries serious consequences, including felony charges, potential prison time, and significant fines. However, an experienced criminal defense attorney can challenge these charges using several legal strategies. Below are the most common defenses against a PC 22910 violation.
1. No Defacement Occurred
A key element of PC 22910 is that a person must have actually altered, removed, or defaced an identifying mark on a tear gas weapon. If the weapon was not tampered with, then the prosecution cannot prove a violation of this law.
Example:
David is arrested with a tear gas gun, but it already had a worn-out serial number when he acquired it. If there is no evidence that he personally defaced it, he cannot be convicted under PC 22910.
2. Lack of Knowledge
A person must knowingly possess a defaced tear gas weapon to be guilty under PC 22910. If they were unaware that the weapon had been modified, they may avoid conviction.
Example:
Jessica purchases a second-hand pepper spray canister for self-defense. She later learns that the serial number had been removed before she bought it. If she can show she had no knowledge of the defacement, her charges could be dismissed.
3. Unlawful Search and Seizure (Fourth Amendment Violation)
The police must follow legal procedures when conducting searches and seizures. If they obtained evidence of a defaced tear gas weapon without a warrant or probable cause, the defense may argue that the evidence was obtained illegally and should be excluded from the case.
Example:
Law enforcement searches Tom’s home without a warrant and finds a modified tear gas weapon. If the search was unconstitutional, Tom’s lawyer can argue to have the evidence thrown out, which may lead to a dismissal of the charges.
4. False Accusations or Mistaken Identity
In some cases, a person may be falsely accused of defacing a tear gas weapon, or they may be misidentified as the culprit. This often occurs due to misunderstandings, personal conflicts, or incorrect eyewitness testimony.
Example:
Lisa’s roommate defaces a tear gas weapon, but when police investigate, Lisa is falsely blamed for the crime. If there is no evidence linking Lisa to the act, she may avoid conviction.
5. Coerced Confession
Under California law, police cannot use force, threats, or deception to obtain a confession. If a suspect’s statement was coerced, it may be ruled inadmissible in court, which could weaken the prosecution’s case.
Example:
James is interrogated for hours and pressured into admitting he defaced a tear gas weapon, even though he did not. If his lawyer can prove the confession was coerced, it could be excluded from evidence.
6. The Weapon Does Not Meet the Legal Definition of a Tear Gas Weapon
Penal Code 22910 specifically applies to tear gas weapons, which are legally defined under California law. If the item in question does not meet this definition, the defendant cannot be convicted.
Example:
Mark is arrested for modifying a device that resembles a tear gas gun but is actually a novelty item with no functional tear gas component. If his attorney proves that the item is not legally classified as a tear gas weapon, the charges may be dropped.
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4. What are The Penalties for Violating Penal Code § 22910 PC?
Penal Code § 22910 PC addresses the unlawful manufacture, sale, or possession of certain firearms, including short-barreled rifles and shotguns. These weapons are regulated under California law due to their potential for misuse and the heightened danger they pose in criminal activities. If you have been charged under Penal Code § 22910, it’s crucial to understand the penalties you could face and how a criminal defense attorney can help.
What Does Penal Code § 22910 PC Involve?
Penal Code § 22910 PC makes it illegal for individuals to possess, manufacture, or sell firearms that fall under the definition of a “short-barreled rifle” or “short-barreled shotgun” unless they are properly licensed and authorized by the California Department of Justice. A short-barreled rifle is typically a rifle with a barrel length of fewer than 16 inches, or a weapon that has been modified to have a shorter barrel. A short-barreled shotgun refers to a shotgun with a barrel length of fewer than 18 inches.
Because these weapons are easily concealable and can be used in various violent crimes, California imposes strict penalties for violating this code.
Penalties for Violating Penal Code § 22910 PC
The penalties for violating Penal Code § 22910 PC can be severe, with both misdemeanor and felony consequences depending on the specifics of the case. Here’s a breakdown of potential penalties:
Felony Charges:
Possession of Short-Barreled Firearms: If you are caught in possession of a short-barreled rifle or shotgun, you could face a felony charge. This is punishable by:
Imprisonment in state prison for 16 months, 2 years, or 3 years, depending on the circumstances of the case.
A fine of up to $10,000.
Manufacture or Sale of Short-Barreled Firearms: If you are found guilty of manufacturing or selling these firearms without proper licensing, the consequences can be even more severe:
A felony conviction, punishable by:
Imprisonment for 2, 3, or 4 years in state prison.
A fine of up to $10,000.
Possession of an Unregistered Firearm: If you possess a short-barreled firearm that is not properly registered in California, you may face:
A felony charge, resulting in similar penalties as the other violations, including state prison time and hefty fines.
Aggravating Factors
In certain circumstances, the penalties for violating Penal Code § 22910 PC can be increased. For example:
Prior Convictions: If you have a history of firearms violations or prior felony convictions, you may face enhanced penalties.
Use of the Firearm in a Crime: If the short-barreled firearm is used in the commission of another crime, such as robbery or assault, this could lead to additional charges and lengthier sentences.
5. What Are the Related Offenses To Penal Code § 22910 PC?
Penal Code § 22910 PC makes it illegal for anyone in California to possess a destructive device, which includes items like bombs, grenades, or any other explosive weapon intended to cause harm or destruction. This offense carries serious penalties, and individuals charged under this statute can face significant consequences. Understanding related offenses to PC 22910 can help clarify the broader legal context and possible defenses in a criminal case.
Related Offenses to Penal Code § 22910 PC
Several other criminal offenses share similarities with the possession of a destructive device and may overlap with the charges someone could face. Let’s explore the most common related offenses:
1. Penal Code § 187 – Murder
While not directly related, there are circumstances where a possession of a destructive device charge may be connected to other violent crimes like murder. If an individual is accused of planning to use a destructive device to intentionally kill another person, they may face a murder charge. The presence of an explosive device could elevate the severity of the charges, particularly if the device is used as part of a plan to commit homicide.
2. Penal Code § 18750 PC – Unlawful Possession of Explosives
Under PC § 18750, it is illegal to possess explosives with the intent to use them unlawfully. This offense is closely related to PC 22910, but it specifically targets the unlawful possession of any explosive or incendiary device, not just destructive devices like bombs or grenades. However, this charge could still apply in cases where the device is designed for destructive purposes.
3. Penal Code § 12020 PC – Possession of a Concealed Weapon
PC 12020 criminalizes the possession of various weapons, including firearms, knives, and other dangerous items, some of which could overlap with the destructive devices in PC 22910. This charge is often seen in cases where a person possesses an illegal or concealed weapon, though it typically doesn’t focus on explosives. However, a destructive device could be considered a type of illegal weapon, depending on its intended use.
4. Penal Code § 189 – Attempted Murder
If a person is found with a destructive device and law enforcement believes they intended to use it to kill or harm another person, they may be charged with attempted murder. This related offense can occur when there is evidence that the individual took concrete steps toward committing murder, but was intercepted or stopped before the crime could be completed.
5. Penal Code § 12025 – Carrying a Concealed Firearm
While typically applicable to firearms, PC 12025 could be extended to any dangerous weapon, including explosive devices in some cases. If the destructive device is concealed, the individual may be charged under this statute in addition to PC 22910. It’s important to note that California has strict concealed weapon laws, and the penalties can be severe.
In some cases, a person may be charged with arson if they are found in possession of a destructive device that is intended to be used to start a fire. This could be particularly relevant in situations where the destructive device could potentially cause an explosion or ignition, thereby leading to destruction by fire.
7. Penal Code § 18710 PC – Possessing, Manufacturing, or Selling a Destructive Device
PC § 18710 specifically criminalizes the act of possessing, manufacturing, or selling a destructive device with the intent to use it unlawfully. If someone is found in possession of a device under circumstances that indicate it could be used for criminal purposes, this statute may apply. This charge is directly related to PC 22910, but it expands the criminal liability to include manufacturing or selling such devices.
8. Penal Code § 12677 – Possession of an Unregistered Firearm
Under PC 12677, it is illegal to possess a firearm that is unregistered or unlawfully modified. While this statute mainly applies to firearms, it can be closely related to charges under PC 22910 if the explosive device is designed or altered for use as a weapon or explosive, thus falling under the broader category of illegal weaponry.
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