California Penal Code 17330 PC defines a “wallet guns” as any firearm that is either mounted on or enclosed within a case, typically resembling a wallet, which allows the firearm to be fired while still encased. Such guns are easily concealable, being small enough to be carried in a pocket or a purse.
Wallet guns are prohibited under California Penal Code 16590 PC, which pertains to generally prohibited weapons. The following activities related to wallet guns are illegal:
- Manufacturing,
- Importing into California,
- Keeping for sale,
- Offering for sale,
- Giving,
- Lending,
- Possessing.
Violating these prohibitions can lead to charges of either a misdemeanor or a felony, depending on the case’s specific circumstances. Convictions carry penalties that may include time in county jail and/or significant fines.
Furthermore, Penal Code 24710 specifically outlaws these devices, highlighting their illegality within the state. Our team of California criminal defense attorneys is equipped to provide further discussion and clarification on these regulations.
What is Penal Code 16590 and “generally prohibited weapons”?
Penal Code 16590 is a law in California that categorizes certain types of weapons as “generally prohibited.” Under this statute, wallet guns are specifically listed and banned. Other weapons that fall under this classification include:
- Ballistic knives,
- Cane guns,
- Metal knuckles,
- Short-barreled rifles,
- Shurikens.
Only the weapons explicitly enumerated in Penal Code 16590 are considered generally prohibited. This does not include typical firearms and weapons which can still be legally possessed by most adults in California. Such legally permissible firearms include conventional pistols, revolvers, long rifles, long shotguns, and conventional ammunition, although certain restrictions may apply.
What is forbidden?
Under California’s Penal Code 16590, several actions involving generally prohibited weapons are classified as criminal offenses. These actions include:
- Manufacturing or causing to be manufactured,
- Importing into the state,
- Keeping for sale and offering for sale,
- Giving and lending,
- Possessing.
It is important to note that possession of a generally prohibited weapon is illegal even in private settings and cannot be excused by holding a standard permit to carry a concealed weapon. These stringent rules apply to ensure the safety and security of the public by restricting access to particularly dangerous or concealable weapons.
What are the penalties involving wallet guns?
If you are found in possession of a wallet gun or commit any of the criminal acts listed in PC 16590 with such a weapon, you face serious legal consequences including:
- Confiscation of the wallet gun;
- A charge that may be prosecuted as either a misdemeanor or a felony, depending on the circumstances of the case (referred to as a “wobbler” offense in California).
For misdemeanor convictions involving a wallet gun, the penalties can be:
- A maximum of 1 year in county jail; and/or,
- A fine of up to $1,000.
For felony convictions involving a wallet gun, the penalties increase to:
- Up to 3 years in county jail; and/or,
- A fine of up to $10,000.
There are specific exemptions to these rules for certain individuals and circumstances:
- Law enforcement officers are permitted to sell, transfer, or possess wallet guns;
- Authorized antique dealers are also allowed to possess wallet guns.
