Being accused of manufacturing, selling, or possessing dangerous weapons under California Penal Code 16590 PC is a serious criminal matter with life‑changing consequences. This law makes it a crime to deal in or have certain prohibited weapons—items the state has determined to be too dangerous for the general public. A conviction can mean jail or prison time, steep fines, the permanent loss of your firearm rights, and a criminal record that follows you for life.
For many people, these charges come as a surprise. You might not have realized the weapon in question was banned, or you may have inherited, bought, or sold it without knowing it fell under California’s prohibited weapons list. In other cases, the item may have been found in your home, vehicle, or workplace during a search unrelated to weapons. Regardless of how the situation arose, prosecutors in Los Angeles County take these cases seriously, and they are often filed alongside other felony charges.
At The Law Offices of Arash Hashemi, our Los Angeles criminal defense attorney has over 20 years of experience defending clients in complex weapons cases. We act quickly to review the evidence, determine whether the weapon was actually prohibited under the law, and challenge any unlawful searches or seizures. If you or a loved one is facing charges under Penal Code 16590 PC, contact our office today to speak with an experienced criminal defense attorney and begin protecting your rights
What Is California Penal Code 16590 PC?
California Penal Code 16590 makes it a crime to manufacture, import, sell, give, lend, or possess certain “generally prohibited weapons” in California. These are weapons the legislature has determined to be so dangerous and without legitimate use that their mere possession is a criminal offense. The law is designed to protect public safety by keeping these items out of circulation and preventing their use in crimes or violent incidents.
PC 16590 applies statewide, and it doesn’t matter whether the weapon is functional, used, or simply kept at home — possession alone can be enough for charges. In many cases, prosecutors file violations of this statute as felonies, although some situations may be charged as misdemeanors depending on the weapon and the circumstances.
Statutory reference: Cal. Penal Code § 16590
What Counts as a “Dangerous Weapon” Under PC 16590?
PC 16590 covers a long and detailed list of weapons that California law defines as “generally prohibited.” The ban includes both conventional and unconventional weapons, many of which are designed to be concealed or to cause serious injury.
Common examples include:
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Metal knuckles
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Switchblade knives with blades two inches or longer
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Nunchaku (“nunchucks”)
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Short‑barreled rifles or shotguns
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Undetectable firearms (“ghost guns”)
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Zip guns, cane guns, ballistic knives, and similar disguised weapons
This list is not exhaustive — the statute identifies many other items considered dangerous or illegal to possess. Even if the weapon is never displayed, used, or intended for a crime, possession alone can lead to criminal charges under PC 16590. A full review of the prohibited weapons list can be found in the statute itself or through the California Department of Justice.
What Is Illegal Under California Penal Code 16590?
Under PC 16590, it is unlawful to engage in almost any activity involving a “generally prohibited weapon.” The law applies regardless of whether the weapon is ever used or intended for use — simply having it in your possession can be enough for criminal charges.
Prohibited acts include:
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Manufacturing a prohibited weapon, whether from scratch or by modifying another item
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Importing a prohibited weapon into California from another state or country
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Keeping for sale or offering for sale any prohibited weapon
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Giving or lending a prohibited weapon to another person
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Possessing a prohibited weapon, even if it is never used or displayed
Because this statute is designed to prevent these weapons from entering or circulating within the community, prosecutors do not need to prove that the weapon was brandished, used, or involved in a crime — possession alone can trigger a violation.
Exceptions to California Penal Code 16590 PC
While Penal Code 16590 PC broadly prohibits the manufacture, sale, and possession of dangerous weapons, there are a few narrow circumstances where the law does not apply. These exceptions are strictly limited, and most people will not qualify.
Common statutory exceptions include:
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Law enforcement and military personnel acting within the scope of their official duties.
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Antique weapons manufactured before a certain date and meeting specific federal or state definitions.
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Museum collections or theatrical use, with proper permits and under controlled conditions.
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Licensed gunsmiths, firearms dealers, or other permit holders authorized by the California Department of Justice.
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Estate executors or administrators temporarily possessing a prohibited weapon for lawful transfer or disposal.
Even if you believe you fall under an exception, it’s important to understand that any violation outside these narrow limits can result in arrest and prosecution. Law enforcement and prosecutors in Los Angeles County aggressively enforce PC 16590, and relying on an assumed exemption without proof can lead to serious legal trouble
Penalties for Violating California Penal Code 16590 PC
A violation of Penal Code 16590 PC is considered a “wobbler” offense, meaning prosecutors can charge it as either a misdemeanor or a felony depending on the facts of the case and your criminal history.
Potential misdemeanor penalties include:
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Up to 1 year in county jail
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Fines of up to $1,000
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Summary (informal) probation
Potential felony penalties include:
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16 months, 2 years, or 3 years in county jail under California’s realignment law
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Fines of up to $10,000
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Formal probation
Additional consequences of a conviction may include:
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A permanent criminal record that appears on background checks
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Loss of firearm rights under state and federal law
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Negative impact on immigration status, including deportation for non‑citizens
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Difficulty obtaining or keeping professional licenses
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Loss of employment opportunities, particularly in fields requiring security clearance
Related Weapons Charges Often Filed With PC 16590
[PC 25400 – Carrying a Concealed Firearm]
Covers carrying a concealed firearm in a vehicle or on your person without a valid permit. Can be charged alongside or instead of PC 16590 if a dangerous weapon is found.
[PC 25850 – Carrying a Loaded Firearm in Public]
Involves having a loaded firearm on your person or in a vehicle in a public place. Often charged when police discover both a prohibited weapon and a loaded gun.
[PC 21310 – Carrying a Dirk or Dagger]
Makes it a crime to carry a concealed dirk or dagger (a stabbing weapon) on your person. Frequently filed with PC 16590 if the weapon falls under both statutes.
[PC 22210 – Possession of a Baton or Billy Club]
Prohibits possessing, manufacturing, or selling certain types of batons, billy clubs, and similar impact weapons. Applies to both carrying and simply having the weapon.
[PC 21510 – Possession of a Switchblade Knife]
Bans carrying, possessing, or selling a switchblade knife with a blade two inches or longer.
[PC 23900 – Altering or Removing Firearm Identification]
Covers tampering with or removing the serial number or identification mark on a firearm. Sometimes charged if a prohibited weapon has had its markings altered.
Legal Defenses to Penal Code 16590 PC Charges
You didn’t know the weapon was present
Prosecutors must prove you knowingly possessed the prohibited weapon. If it was left in your home, vehicle, or personal belongings without your knowledge, you may not be criminally liable.
The item does not meet the legal definition of a “dangerous weapon”
California’s list of generally prohibited weapons is specific and technical. If the item in question doesn’t match the statutory definition, we can challenge the charge.
You qualify for a legal exemption
Certain people, such as law enforcement officers or licensed dealers, may legally possess otherwise prohibited weapons. If you fall within an exemption, the charge may not stand.
Illegal search and seizure
If the weapon was discovered during an unlawful stop, search, or entry into your property, we can move to have the evidence suppressed. Without that evidence, the prosecution’s case may collapse.
False accusation or mistaken identity
If someone else actually possessed the weapon or you were misidentified as the person responsible, we can use witness statements, surveillance footage, or other evidence to clear your name.
Speak With a Los Angeles Criminal Defense Attorney Today
Because PC 16590 charges can be filed as a felony, even a first offense can carry long‑term consequences. A conviction can mean jail or prison time, a permanent criminal record, loss of firearm rights, and serious damage to your career, immigration status, and reputation. Prosecutors in Los Angeles County treat these cases aggressively, so having a skilled defense lawyer on your side from the start is essential.
Attorney Arash Hashemi has over 20 years of experience defending clients against complex weapons charges, including cases involving “generally prohibited weapons”. He understands how prosecutors build these cases and knows how to challenge the evidence, identify weaknesses in the prosecution’s theory, and fight for the best possible outcome.
We will review the facts, explain your legal options, and develop a defense strategy tailored to your situation. The first step is a free, confidential consultation.
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