Dangerous Weapons

California exercises a strict policy regarding manufacturing, selling, and/or possessing dangerous weapons. Possessing Dangerous Weapons include over 20 different weapons including: pistols, handguns, brass knuckles, short-barreled shotguns, etc. CA Penal Code 16590 is a wobbler, meaning it could be charged as either a felony or a misdemeanor depending on the facts of the case and your criminal record.

To be convicted of CA PC 16590 the prosecutor must prove the two elements of the crime:

1. That you manufactured, imported, sold, gave, lent, and/or possessed any of the possessing dangerous weapons listed in the Penal Code, and
2. That you knowingly did so and knew that the the object was either a weapon, or that it could be used as a weapon

If the prosecutor cannot prove those two dependent variables than a conviction should not take place. However, if you are found guilty of manufacturing, selling, or possessing dangerous weapons as a misdemeanor you could face:

1. Informal probation
2. Up to one year in a county jail
3. Up to $1,000 in fines
4. Could lead to deportation

If you’re found guilty of manufacturing, selling, or possessing dangerous weapons as a felony you could face:

1. Formal probation
2. If granted probation, up to one year in a county jail. If probation is denied, up to 3 years in state prison
3. Up to $10,000 in fines
4. Revocation of your right to own/possess a firearm
5. Could lead to deportation

Prosecuting Possessing Dangerous Weapons, CA PC 16590 

As previously stated, the prosecutor must prove the two elements of the crime:

1. That you manufactured, imported, sold, gave, lent, and/or possessed any of the possessing dangerous weapons listed in the Penal Code, and
2. That you knowingly did so and knew that the object was either a weapon or that it could be used as a weapon

The first problem for prosecutors is proving that you knowingly manufactured, imported, sold, lent, and/or possessed either a weapon or an item that could be used as a weapon. If you didn’t know that you were possessing a dangerous weapon because perhaps you thought it was a fake, then you can’t be charged with the crime. An important thing to note is that the prosecutor does not need to prove that you used the item, only that you knew it was capable of being used as a weapon.

If you bought an object from somebody else and you did not know it could be used as a weapon, or if you did not think to use it as a weapon then you cannot be charged with the crime.

California lawmakers had specific intentions when drafting CA PC 16590. Their intention was to outlaw the possession of any item that is ordinarily used for illegal activity. In other words, all items are easily concealed and short and can effectively be used to commit a crime. Prosecutors must prove that you used an item that fits these criteria in order for a conviction.

If for instance, you hit somebody with a mug and they sustained a great bodily injury you cannot be charged with possessing a dangerous weapon because a mug is traditionally not used to commit a crime. Though you could be charged with a subsequent offense.