California Penal Code 16590 PC: Prohibited Weapons Law Explained

What Is California Penal Code 16590?

California Penal Code 16590 lists weapons that are considered generally prohibited under California law.

California Penal Code 16590 PC: Prohibited Weapons Law

These weapons are often referred to as “generally prohibited weapons,” and possessing, manufacturing, selling, importing, or transferring them may result in criminal charges.

This law covers dangerous weapons that California lawmakers believe present heightened public safety risks.

Many people violate Penal Code 16590 without realizing that an item they own qualifies as a prohibited weapon.

Common examples include:

Buying certain knives online that are illegal in California
Possessing brass knuckles for self-defense
Owning an unregistered short-barreled shotgun
Importing prohibited weapons from another state
Selling banned weapons at gun shows or private transactions

A conviction can lead to jail time, fines, probation, and firearm restrictions.

Eisner Gorin LLP is available to assist. Please schedule your consultation by contacting us at (818) 781-1570 or via our contact form.

What Weapons Are Prohibited Under Penal Code 16590?

California Penal Code 16590 includes a long list of banned weapons, including:

Short-Barreled Shotguns

Shotguns modified below the legal barrel length requirements.

Short-Barreled Rifles

Rifles altered to violate California barrel restrictions.

Cane Guns

Firearms disguised as walking canes.

Wallet Guns

Firearms designed to look like wallets.

Undetectable Firearms

Weapons that cannot be detected by standard security screening.

Zip Guns

Improvised firearms were made without proper licensing.

Brass Knuckles

Brass knuckles are metal devices designed to increase punching force.

Nunchakus

Martial arts weapons prohibited in many circumstances.

Metal Military Practice Hand Grenades

Certain grenade-like devices may be prohibited.

Shurikens

Also known as throwing stars.

Ballistic Knives

Knives with detachable blades launched mechanically.

Cane Swords

Weapons disguised as walking canes.

Belt Buckle Knives

Knives hidden in belt buckles.

Air Gauge Knives

Knives disguised as common tools.

Writing Pen Knives

Knives disguised as pens.

Unconventional Pistols

Firearms disguised as other objects.

Camouflaging Firearm Containers

Containers designed to hide firearms in deceptive ways.

What Activities Are Illegal Under PC 16590?

Depending on the weapon, California law may prohibit:

Possession
Manufacturing
Importation
Sale
Lending
Transfer
Transportation

The exact criminal charge often depends on the specific weapon involved.

Penalties for Violating Penal Code 16590

Penalties vary based on the weapon type and surrounding facts.

Possible consequences include:

Misdemeanor charges
Felony charges
Up to several years in county jail or state prison
Fines
Probation
Firearm restrictions
Permanent criminal record

Some violations are charged as wobblers, meaning prosecutors may file either misdemeanor or felony charges.

Common Examples of Penal Code 16590 Violations

Example 1: Brass Knuckles Purchase

A person buys brass knuckles online for self-defense and keeps them in their car.

Potential charge:
Illegal possession of brass knuckles.

Example 2: Homemade Firearm

Someone builds a homemade zip gun without understanding California weapon laws.

Potential charge:
Possession of a prohibited firearm.

Example 3: Out-of-State Weapon Purchase

A California resident buys a banned weapon in another state and brings it home.

Potential charge:
Importation of prohibited weapons.

Example 4: Hidden Knife Device

A person carries a belt buckle knife through airport security.

Potential charge:
Possession of a prohibited weapon.

Legal Defenses to Penal Code 16590 Charges

Several defenses may apply.

The Item Was Not Legally Prohibited

Some items are misidentified by law enforcement.

Your attorney may challenge whether the weapon actually qualifies under the statute.

Illegal Search and Seizure

Police may have found the weapon during an unlawful search.

Related law:

Penal Code 1538.5

Allows defendants to suppress illegally obtained evidence.

Lack of Knowledge

The defendant may not have known the weapon was prohibited.

Law Enforcement Exemptions

Certain military personnel, law enforcement officers, and licensed professionals may qualify for exemptions.

Related California Laws

Penal Code 21310 — Carrying a Concealed Dirk or Dagger

Makes it illegal to carry concealed stabbing weapons.

Penal Code 22410 — Possession of Switchblades

PC 22410 makes carrying certain switchblades illegal.

Penal Code 171b — Weapons in Public Buildings

Prohibits weapons in government buildings.

Penal Code 25400 — Carrying a Concealed Firearm

Makes carrying concealed firearms illegal in many situations.

California Penal Code 626.9, commonly known as the Gun-Free School Zone Act of 1995, makes it illegal to possess, bring, or discharge a firearm on or near school grounds under certain circumstances.

Immigration Consequences

Non-citizens convicted of prohibited weapon offenses may face:

Deportation risks
Visa issues
Naturalization problems

Immigration-safe legal strategies may be necessary.

Can Charges Be Dismissed?

Charges may be reduced or dismissed when:

Police conducted illegal searches
The weapon was incorrectly identified
Prosecutors lack evidence
The defendant qualifies for exemptions

What Should You Do After an Arrest?

If arrested:

Remain silent
Do not consent to searches
Do not explain ownership to the police
Contact a criminal defense attorney immediately

Weapon charges can quickly escalate if handled improperly.

Frequently Asked Questions

Are brass knuckles illegal in California?

Yes. Brass knuckles are generally prohibited under California law.

Are throwing stars illegal in California?

Yes. Shurikens are prohibited weapons.

Can I legally own a short-barreled shotgun?

Generally no, unless you qualify for limited legal exemptions.

Is possession always a felony?

No. Some offenses are misdemeanors or wobblers.

Can charges be dismissed?

Yes, depending on the facts and legal defenses available.

Why Early Legal Representation Matters

Weapons charges often create serious consequences beyond jail time, including firearm restrictions and permanent criminal records.

An experienced criminal defense attorney may help by:

Challenging illegal searches
Negotiating reduced charges
Fighting felony filings
Protecting constitutional rights

If you are facing charges under California Penal Code 16590, obtaining prompt legal help can greatly enhance your chances of a better result. Eisner Gorin LLP is ready to assist you. Book your consultation now. Our law firm is located in Los Angeles.