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If you live in California, you probably know that the state has some of the strictest gun laws in the nation. But did you know that there are also many other types of weapons that are illegal to possess, make, or sell in California? In this blog post, I will tell you what an illegal weapon is, what the penalties are for having one, and how to avoid getting into trouble with the law.

What is an illegal weapon in California?

According to Penal Code 16590 PC, an illegal weapon is any device or instrument that is designed or modified for use as a weapon and is prohibited by state law. Some examples of illegal weapons include:

Machine guns

These are firearms that can fire more than one shot automatically or semi-automatically without manual reloading. Machine guns are illegal to possess, manufacture, or sell in California unless you have a special permit from the Department of Justice (DOJ) .

Suppressors

These are devices that attach to the barrel of a firearm and reduce the noise and flash of the gunshot. Suppressors are also illegal to possess, manufacture, or sell in California unless you have a special permit from the DOJ .

Short-barreled shotguns (SBS)

These are shotguns that have a barrel length of less than 18 inches or an overall length of less than 26 inches. SBS are illegal to possess, manufacture, or sell in California unless you have a special permit from the DOJ .

Destructive devices

These are explosives, incendiary devices, rockets, missiles, grenades, bombs, poison gas weapons, and similar devices that are designed to cause injury or death. Destructive devices are illegal to possess, manufacture, or sell in California unless you have a special permit from the DOJ .

Short-barreled rifles (SBR)

These are rifles that have a barrel length of less than 16 inches or an overall length of less than 26 inches. SBR are illegal to possess, manufacture, or sell in California unless you have a special permit from the DOJ .

Any other weapons (AOW)

These are weapons that do not fit into any of the above categories but are still considered dangerous or unusual by state law. Some examples of AOW include cane guns, pen guns, wallet guns, belt buckle guns, lipstick guns, and undetectable firearms. AOW are illegal to possess, manufacture, or sell in California unless you have a special permit from the DOJ .

In addition to these specific types of weapons, California also bans assault weapons and BMG rifles. These are firearms that have certain features that make them more lethal or easier to conceal. For example, an assault weapon may have a detachable magazine, a pistol grip, a folding stock, a flash suppressor, or a grenade launcher. A BMG rifle is a rifle that can fire a .50 caliber bullet. Assault weapons and BMG rifles are illegal to possess, manufacture, or sell in California unless you lawfully owned them before they were classified as such and registered them with the DOJ .

What are the penalties for having an illegal weapon in California?

The penalties for having an illegal weapon in California depend on the type of weapon and the circumstances of the offense. Generally speaking, possessing an illegal weapon is a misdemeanor punishable by up to one year in county jail and/or a fine of up to $1,000. However, some offenses may be charged as felonies punishable by up to three years in state prison and/or a fine of up to $10,000. For example:

• Possessing a machine gun or suppressor is a felony .
• Possessing an SBS or SBR is either a misdemeanor or a felony depending on whether you have a prior conviction for any crime involving violence .
• Possessing a destructive device is either a misdemeanor or a felony depending on whether you intended to use it unlawfully .
• Possessing an AOW is either a misdemeanor or a felony depending on whether you have a prior conviction for any crime involving violence .
• Possessing an assault weapon or BMG rifle is either a misdemeanor or a felony depending on whether you registered it with the DOJ .

In addition to these penalties, having an illegal weapon may also result in:

• The seizure and forfeiture of the weapon by law enforcement .
• The loss of your right to own or possess any firearm .
• The enhancement of your sentence if you use the weapon in the commission of another crime .

How can you avoid getting into trouble with illegal weapons in California?

The best way to avoid getting into trouble with illegal weapons in California is to not have them in the first place. However, if you do own or encounter an illegal weapon, you should:

• Check the DOJ website to see if you need a permit or registration for the weapon .
• Contact a licensed gun dealer or a law enforcement agency to surrender the weapon safely and legally .
• Consult a criminal defense attorney if you are accused of having an illegal weapon or using it unlawfully .

Conclusion

Illegal weapons in California are not something to mess around with. They can land you in jail, cost you money, and take away your freedom. If you value your safety and your rights, you should stay away from illegal weapons and follow the law when it comes to firearms. If you have any questions or concerns about illegal weapons in California, feel free to leave a comment below or contact me directly. I hope you found this blog post informative and helpful. Thanks for reading

California firearms gun laws illegal weapon penalties

Ghazala Siddique