“Generally prohibited weapons” – CA Penal Code

Illegal weapons signOne of the most serious crimes under California law is possession of generally prohibited weapons. This law is covered under California Penal Code 16590. If you or someone you know has run afoul of this law, it is a very serious situation.  If you or someone you know has been arrested for this offense, you can enlist the services of a bail bondsman to ensure that the bond can be posted.

Here is an in-depth look at the law and its ramifications for those who are charged with it.

Weapons that Are Considered Generally Prohibited Weapons

The list of weapons that are considered generally prohibited weapons under the letter of the law is extensive. The list of generally prohibited weapons includes air gauge knives, ammunition that contains a flechette dart, ballistic knives, belt buckle knives, bullets that contain or carry explosive materials, a carrying container that camouflages the presence of a firearm, cane gun, cane knives, concealed daggers, concealed dirks, concealed explosive substances, firearms that are camouflaged not to resemble firearms, large capacity magazines, leaded canes, billy clubs, blackjacks, sandclaps, sandbags, saps, lipstick case knives, metal knuckles, metal military practice hand grenades, metal replica hand grenades, multi burst trigger activators, nunchakus, shobi-zues, short-barreled rifles, short-barreled shotguns, shurikens, pistols without bores, plastic firearms, wallet guns, writing pen knives and zip guns.

As you can see, the list of generally prohibited weapons is a long one. It can be hard to keep track of exactly what weapons are prohibited under this law. Basically, if it is a weapon that is hidden in any manner, it will be considered a generally prohibited weapon that is illegal.

Illegal Activities that Revolve Around Generally Prohibited Weapons

Of course, it is illegal to possess generally prohibited weapons. However, there are many other activities surrounding these weapons that are also illegal. It is illegal to manufacture generally prohibited weapons. It is illegal to sell them or to keep them to sell them. It is illegal to offer them or expose them for sale. It is also illegal to give or lend generally prohibited weapons to another person.

Latitude for Prosecutors

If someone is arrested for possession of a generally prohibited weapon, the prosecutor has some leeway on how serous to make the charge. Depending on the criminal history of the offender as well as the circumstances of the crime, the district attorney’s office can make the charge either a misdemeanor or a felony.

The misdemeanor charge of possession of a generally prohibited weapon is punishable by up to one year in the county jail as well as a maximum fine of $1,000. On the other hand, the felony charge of possession of a generally prohibited weapon carries with it a maximum prison sentence of three years as well as a maximum fine of $10,000

Bail Out

Unless the person arrested is a serious flight risk, most judges will allow people to bail out of jail while they are awaiting prosecution for a charge of possession of a generally prohibited weapon.

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