Penal Code PC § 16590 – - Manufacture, Sale or Possession of Dangerous Weapons
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1. What is Penal Code PC § 16590?
Penal Code PC § 16590 Law Reads As Followed:
“As used in this part, ‘generally prohibited weapon’ means any of the following:”
2. What Are Examples of Penal Code PC § 16590?
California’s weapons laws are some of the strictest in the nation. Under Penal Code § 16590, the state classifies dozens of items as “generally prohibited weapons.” Many people are surprised to learn that items they purchased legally online, found at a swap meet, or kept as a family heirloom are actually illegal to possess in Los Angeles.
Because PC § 16590 serves as a “directory” for other statutes, the list of prohibited items is vast. Below are the most common examples categorized by type.
1. Disguised and Improvised Firearms
The law is particularly strict regarding weapons designed to look like harmless everyday objects. Examples include:
- Cane Guns & Wallet Guns: Firearms built into walking canes or cases that resemble a wallet.
- Zip Guns: Homemade or improvised firearms that were not professionally manufactured.
- Camouflaging Firearm Containers: Cases designed to hide the “signature” of a gun so it doesn’t look like a weapon.
- Undetectable Firearms: Weapons made of materials (like certain plastics) that cannot be picked up by metal detectors.
2. Forbidden Martial Arts Weapons
While these items may have deep historical or cultural roots, California law generally prohibits their possession by the public:
- Shurikens: Also known as “throwing stars” or “ninja stars.” These are metal plates with radiating points designed to be thrown.
- Nunchakus: Two or more sticks connected by a rope or chain (common exceptions apply for authorized martial arts schools).
3. Disguised Knives and Bladed Instruments
Any blade that is hidden within another object is typically illegal under PC § 16590. This includes:
- Lipstick Case Knives: A blade concealed within a lipstick container.
- Cane Swords: A sword or blade hidden inside a walking stick or umbrella.
- Writing Pen Knives: A knife concealed within a functional or faux ballpoint pen.
- Belt Buckle Knives: A knife that is an integral part of a belt buckle.
- Ballistic Knives: A knife with a detachable blade that can be propelled like a projectile.
4. Impact Weapons and Blunt Force Tools
These are instruments designed to increase the force of a strike or to incapacitate an individual through blunt force:
- Brass Knuckles: Metal or hard plastic guards worn over the knuckles.
- Leaden Canes: Canes or batons that have been weighted with lead.
- Slungshots: A weighted object (like a metal ball) wrapped in a cord or leather strap.
- Sandbags or Sandclubs: Small bags filled with sand or lead shot used as a bludgeon.
5. Prohibited Ammunition and Equipment
Even if you possess a legal firearm, the following accessories or rounds could lead to a PC § 16590 charge:
- Flechette Darts: Ammunition that fires small, fin-stabilized metal darts.
- Explosive Bullets: Rounds containing an explosive agent designed to detonate upon impact.
- Multiburst Trigger Activators: Devices (like “bump stocks”) that allow a semi-automatic firearm to fire at a rate approaching a fully automatic weapon.
3. What are Common Defenses Against Penal Code PC § 16590?
A charge for possessing a “generally prohibited weapon” in Los Angeles can feel overwhelming, especially if the item was a souvenir or a tool you didn’t realize was illegal. However, being charged is not the same as being convicted. At Grace Legal Group, we utilize several proven legal strategies to challenge the prosecution’s case.
Here are the most common defenses against a PC § 16590 charge:
1. Lack of Possession (Knowledge)
To convict you, the prosecutor must prove that you not only possessed the weapon but also knew it was in your possession.
Example: If a friend left a pair of brass knuckles in your glove compartment without your knowledge, or if a roommate kept a “zip gun” in a shared common area without your consent, you may lack the “knowing possession” required for a conviction.
2. The Item Does Not Meet the Legal Definition
California law defines prohibited weapons with extreme technicality. If the object in question does not meet every specific legal requirement of the statute, the charges should be dismissed.
Example: A knife might be “unusual,” but if it doesn’t meet the specific legal criteria of a “dirk or dagger” or a “ballistic knife” as defined in the Penal Code, it cannot be classified as a prohibited weapon under PC § 16590.
3. Authorized Exceptions (Antique or Curio Status)
Certain items that would otherwise be prohibited are legal if they qualify as antiques, curios, or relics.
Example: If you are a recognized collector and the weapon is a historical artifact not intended for use, we may be able to argue that your possession falls under a legal exemption. Similar exemptions often exist for licensed martial arts instructors regarding nunchakus.
This is one of the most powerful defenses in criminal law. Under the Fourth Amendment, police must have a valid warrant or “probable cause” to search your person, vehicle, or home.
Strategy: If the Los Angeles Police Department (LAPD) found the weapon during an illegal traffic stop or an unauthorized search of your home, your attorney can file a Motion to Suppress Evidence (PC 1538.5). If successful, the weapon cannot be used against you, often leading to a total dismissal of the case.
5. Momentary Possession
In some cases, you may have only possessed the weapon for a fleeting moment with the intent to dispose of it or turn it over to law enforcement.
Example: If you found a prohibited weapon in a public park and were walking it to a nearby police station to surrender it when you were stopped, you may be protected under the “momentary possession” defense.
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4. What are The Penalties for Violating Penal Code PC § 16590?
In California, a violation of Penal Code § 16590 is taken very seriously by prosecutors. Because these items are classified as “generally prohibited,” the law presumes they have no purpose other than as dangerous weapons.
If you are found in possession of, or attempting to sell or manufacture a prohibited weapon in Los Angeles, you face significant legal exposure.
The “Wobbler” Classification
Under California law, PC § 16590 is a “wobbler” offense. This gives the prosecutor the power to charge the crime as either a misdemeanor or a felony. The decision usually depends on:
The specific type of weapon involved.
Your prior criminal record.
The circumstances of your arrest (e.g., was the weapon used in another crime?).
Misdemeanor Penalties
If the offense is charged as a misdemeanor, the penalties typically include:
Jail Time: Up to one year in a Los Angeles County jail.
Fines: A maximum fine of $1,000.
Probation: Summary (informal) probation.
Felony Penalties
If the prosecution pursues felony charges—which is common if you have a prior strike or if the weapon is particularly dangerous (like a sawed-off shotgun)—the penalties increase significantly:
Incarceration: 16 months, 2 years, or 3 years in a California state prison.
Fines: A maximum fine of up to $10,000.
Probation: Formal probation.
Collateral Consequences of a Conviction
Beyond jail time and fines, a conviction under PC § 16590 carries long-term consequences that can affect your daily life:
Loss of Gun Rights: A felony conviction results in a lifetime ban from owning or possessing firearms in California. Even certain misdemeanor weapon convictions can result in a 10-year ban.
Confiscation: The court will order the weapon to be declared a “public nuisance” and it will be destroyed by law enforcement.
Professional Licenses: Many professional boards (nursing, legal, real estate) view weapon charges as “crimes of moral turpitude” or serious character flaws, which could lead to the suspension or revocation of your license.
Immigration Status: For non-citizens, certain weapon convictions can be classified as “aggravated felonies,” leading to deportation or inadmissibility.
5. What Are the Related Offenses To Penal Code PC § 16590?
When the Los Angeles District Attorney’s office reviews a case involving dangerous weapons, they rarely look at PC § 16590 in a vacuum. Depending on where the weapon was found, how it was carried, or how it was used, you could face additional, related charges.
Understanding these related offenses is key to understanding the full scope of your legal situation.
1. Carrying a Concealed Dirk or Dagger (PC § 21310)
While PC § 16590 bans specific types of weapons (like lipstick knives), PC § 21310 focuses on how a weapon is carried. It is illegal to carry a concealed “dirk or dagger”—which essentially means any fixed-blade knife or locked folding knife capable of being used as a stabbing instrument.
The Connection: You could be charged with PC § 16590 for owning a prohibited knife and PC § 21310 if you had it hidden in your pocket or waistband.
2. Possession of a Switchblade (PC § 21510)
California law defines a switchblade as a pocketknife with a blade two inches or longer that can be released by a button, pressure on the handle, or a flip of the wrist (gravity knives).
The Connection: While some switchblades fall under the “generally prohibited” list, many are prosecuted under this specific section. Unlike PC § 16590, which is a “wobbler,” a standard switchblade charge is typically a misdemeanor.
3. Brandishing a Weapon or Firearm (PC § 417)
This law makes it a crime to draw or exhibit a deadly weapon in a rude, angry, or threatening manner, or to use it in a fight.
The Connection: If you are accused of pulling out a pair of brass knuckles (prohibited under PC § 16590) during a heated argument, you will likely face an additional charge of brandishing a weapon under PC § 417.
4. Assault with a Deadly Weapon (PC § 245(a)(1))
Known as “ADW,” this is one of the most serious related charges. It involves an assault committed with any instrument (other than a firearm) that is capable of causing great bodily injury.
The Connection: If a prohibited weapon under PC § 16590 is actually used to strike or threaten someone, the charges can quickly escalate to a felony ADW, which carries much harsher prison sentences and counts as a “strike” under California’s Three Strikes Law.
5. Felon in Possession of a Firearm (PC § 29800)
If the “generally prohibited weapon” in your case is an unconventional firearm (like a zip gun or short-barreled rifle) and you have a prior felony conviction, you will face this additional charge.
The Connection: For a convicted felon, possessing any firearm is a felony. Combining this with a PC § 16590 charge for a prohibited weapon type creates a very complex legal battle.
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