Short-Barreled Rifles and Sawed-Off Shotguns – California Penal Code 33215 PC

California Law on Short-Barreled Rifles and Sawed-Off Shotguns

California has some of the strictest firearm regulations in the United States. One of those laws, California Penal Code 33215 PC, makes it illegal to manufacture, import, sell, lend, give away, or possess certain firearms classified as short-barreled rifles or sawed-off shotguns.

Short-Barreled Rifles and Sawed-Off Shotguns – California Penal Code 33215 PC

These firearms are heavily restricted because they are easily concealable and capable of causing significant harm. Lawmakers have determined that limiting access to these weapons is necessary to protect public safety.

A conviction under Penal Code 33215 can result in serious penalties, including up to three years in California state prison, depending on the circumstances of the case and the defendant's criminal history.

Understanding how this law works—including its definitions, penalties, and possible defenses—is essential for anyone facing charges related to prohibited firearms in California.

Your best chance for a favorable outcome in a firearms offense is with an experienced California criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.

What Does Penal Code 33215 Prohibit?

California Penal Code 33215 makes it illegal to engage in several activities involving short-barreled rifles and sawed-off shotguns.

Prohibited conduct includes:

manufacturing these weapons
importing them into California
transporting them within the state
selling or offering them for sale
lending or giving them to another person
possessing them.

Importantly, courts have ruled that possession can exist even if the weapon is not fully assembled. If the firearm's parts can be quickly assembled into a prohibited weapon, a person may still face criminal charges.

In California, firearm sentencing enhancements greatly raise penalties if a gun is used, displayed, or fired during a crime.

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

What Is a Short-Barreled Rifle?

Under California Penal Code 17170, a short-barreled rifle is defined as:

a rifle with a barrel length of less than 16 inches, or
a rifle with an overall length of less than 26 inches.

A rifle that has been modified to meet these measurements—even if it originally complied with the law—may fall within this definition.

What Is a Sawed-Off Shotgun?

A sawed-off shotgun, also called a short-barreled shotgun, is defined under California Penal Code 17180 as:

a shotgun with a barrel length of less than 18 inches, or
a shotgun with an overall length of less than 26 inches.

These firearms are often created by cutting down the barrel or stock of a standard shotgun.

Exceptions to Penal Code 33215

Certain individuals and situations are exempt from prosecution under California law.

Law Enforcement Officers

Active-duty law enforcement officers may possess short-barreled rifles or sawed-off shotguns when required as part of their official duties.

Military Personnel

Members of the United States military may possess these firearms when doing so in connection with official military service.

Licensed Collectors

Licensed collectors and antique firearms dealers with valid federal firearms licenses may possess certain restricted firearms under strict federal and state regulations.

Special Department of Justice Permits

Under Penal Code 33300, the California Department of Justice may issue permits allowing individuals to possess otherwise prohibited firearms if they can demonstrate good cause and public safety concerns are satisfied.

These permits must be renewed annually and require compliance with specific regulations.

Examples of Penal Code 33215 Violations

Example 1: Importing a Sawed-Off Shotgun

A person purchases a sawed-off shotgun in another state and transports it into California. Even if the weapon was legally purchased elsewhere, bringing it into California may violate Penal Code 33215.

Example 2: Lawful Possession by a Licensed Collector

A licensed firearms collector owns a short-barreled rifle as part of a registered antique collection and complies with federal and state regulations. In this case, the collector may be exempt from prosecution.

Example 3: Selling a Prohibited Weapon

An individual attempts to sell a sawed-off shotgun to another person. Even offering the weapon for sale can lead to charges under Penal Code 33215.

Related California Firearm Offenses

Several California laws regulate weapons that may be charged alongside violations of Penal Code 33215.

Penal Code 16590 – Generally Prohibited Weapons

This statute lists a wide range of weapons that are illegal to possess in California, including certain firearms, explosives, and concealed weapons.

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.

Penal Code 30600 – Assault Weapons

This law makes it illegal to manufacture, distribute, transport, import, or sell assault weapons within California.

Penal Code 32310 – Large Capacity Magazines

California law prohibits the possession or sale of ammunition magazines capable of holding more than ten rounds.

Penal Code 29800 – Felon in Possession of a Firearm

Individuals convicted of certain felonies are prohibited from owning or possessing firearms.

Penal Code 25400 – Carrying a Concealed Firearm

This statute criminalizes carrying a concealed firearm without a proper license or legal authorization.

Penal Code 25850 – Carrying a Loaded Firearm

Carrying a loaded firearm in public without legal authorization may also result in criminal charges. Negligent discharge of a firearm is a criminal offense under California Penal Code § 246.3.

California Penal Code 26350 makes it illegal to openly carry an unloaded handgun in public or in a vehicle in a public place.

Penalties for Violating Penal Code 33215

Penal Code 33215 is classified as a wobbler offense, meaning prosecutors may charge it as either a misdemeanor or a felony depending on the facts of the case.

Misdemeanor Penalties

If charged as a misdemeanor, a conviction may result in:

up to one year in county jail
a fine of up to $1,000.

Felony Penalties

If charged as a felony, a conviction may lead to:

16 months, two years, or three years in state prison
fines of up to $10,000.

Additional consequences may include loss of firearm rights and a permanent criminal record.

Legal Defenses to Penal Code 33215 Charges

A knowledgeable criminal defense attorney may use several strategies to challenge charges involving short-barreled rifles or sawed-off shotguns.

Lack of Knowledge

The defense may argue that the defendant did not know the firearm met the legal definition of a prohibited weapon.

Legal Exemption

A defendant may qualify for an exemption under California law, such as law enforcement authority, military service, or a valid Department of Justice permit.

Incorrect Measurements

If law enforcement incorrectly measured the firearm's barrel length or overall length, the weapon may not meet the legal definition of a prohibited firearm.

Illegal Search and Seizure

If police obtained the weapon through an unlawful search that violated the defendant's Fourth Amendment rights, the evidence may be excluded from court.

Frequently Asked Questions

What does California Penal Code 33215 prohibit?

Illegal activities involving short-barreled rifles and sawed-off shotguns

Penal Code 33215 makes it illegal in California to manufacture, import, transport, sell, offer for sale, lend, give away, or possess a short-barreled rifle or sawed-off shotgun. These weapons are considered prohibited firearms because they are easily concealable and potentially dangerous.

What qualifies as a short-barreled rifle in California?

Legal definition under Penal Code 17170

A short-barreled rifle is defined as a rifle with a barrel length of less than 16 inches or an overall length of less than 26 inches. Even if a rifle originally met legal requirements, modifications that reduce the length below these limits may make it illegal.

What qualifies as a sawed-off shotgun under California law?

Definition under Penal Code 17180

A sawed-off shotgun, also called a short-barreled shotgun, is defined as a shotgun with a barrel length shorter than 18 inches or an overall length shorter than 26 inches.

Is Penal Code 33215 a felony or misdemeanor?

Wobbler offense classification

Penal Code 33215 is classified as a “wobbler,” meaning it can be charged as either a misdemeanor or a felony. The charging decision typically depends on factors such as the defendant's criminal history, how the weapon was obtained, and whether other crimes were involved.

Are there any exceptions to California's short-barreled rifle law?

Limited exemptions under state law

Certain individuals may be exempt from prosecution, including active law enforcement officers, military personnel acting in the course of their duties, and individuals who possess a valid permit issued by the California Department of Justice.

Can charges be dismissed if police conducted an illegal search?

Fourth Amendment protections

Yes. If law enforcement officers obtained the weapon through an unlawful search or seizure that violated the defendant's constitutional rights, the court may suppress the evidence, which could lead to dismissal of the charges.

Speak With a California Firearms Defense Attorney

Being accused of possessing or selling a prohibited firearm under Penal Code 33215 can lead to severe legal consequences. A conviction may result in jail or prison time, significant fines, and long-term restrictions on firearm ownership.

An experienced California criminal defense attorney can analyze the details of your case, challenge the prosecution's evidence, and develop a defense strategy aimed at protecting your rights and your future.

Eisner Gorin LLP is here to help. Schedule your consultation by calling (818) 781-1570 or using the contact form. Our law firm is based in Los Angeles.