What Is California Penal Code § 33215 PC?

Under Penal Code 33215 PC, it is illegal in California to possess, manufacture, sell, or transfer a short-barreled rifle or short-barreled shotgun, unless you fall within a very narrow set of exceptions such as certain law enforcement roles or specifically licensed permit holders. The law treats these firearms as inherently dangerous due to their concealability and potential for misuse, and a violation is typically charged as a felony.

You do not have to be caught using the weapon to face prosecution — mere possession is enough. This means that even if the firearm is stored at home, in your vehicle, or was acquired without the intent to use it unlawfully, you can still be charged.

What Qualifies as a “Short-Barreled Rifle” or “Short-Barreled Shotgun”?

California law provides precise definitions for what counts as a prohibited short-barreled firearm:

Short-Barreled Rifle:

• A rifle with a barrel length of less than 16 inches, or

• An overall length of less than 26 inches.

Short-Barreled Shotgun:

• A shotgun with a barrel length of less than 18 inches, or

• An overall length of less than 26 inches.

Importantly, these restrictions apply whether the weapon was manufactured that way by a company or altered later through modifications. Converting a legal firearm into a prohibited short-barreled version — even as part of a “do-it-yourself” project — can lead to charges under PC 33215.

Prohibited Acts Under PC 33215

Under California law, the following acts involving a short-barreled rifle or short-barreled shotgun are prohibited and can lead to felony charges:

• Possessing a short-barreled rifle or shotgun

• Manufacturing or causing one to be manufactured

• Assembling a short-barreled firearm from parts

• Selling or offering one for sale

• Giving, lending, or transferring such a firearm to another person

• Importing or transporting a short-barreled rifle or shotgun into California

You do not need to fire or use the weapon for the statute to apply. Simply having it in your possession — even if it is stored away — can be enough for prosecutors to bring charges.

Penalties for Possession of a Short-Barreled Rifle or Shotgun

Violations of California Penal Code 33215 are considered a “wobbler” offense, meaning prosecutors can file the charge as either a felony or a misdemeanor depending on the facts of the case and your criminal history.

Potential consequences include:

• Felony conviction: Up to 3 years in county jail under California’s realignment program

• Misdemeanor conviction: Up to 1 year in county jail

• Fines: Up to $10,000 in addition to court fees

• Probation: Felony or misdemeanor probation, which may include strict terms such as searches, travel restrictions, or firearm prohibitions

• Firearm forfeiture: The weapon will be permanently confiscated and destroyed

• Firearm rights: A felony conviction results in a lifetime ban on owning or possessing firearms in California and under federal law

• Collateral consequences: A conviction — even as a misdemeanor — can affect employment, professional licensing, and, for non-citizens, immigration status

Related Firearms Charges

• [PC 16590 – Possession of a Generally Prohibited Weapon]
  Makes it illegal to manufacture, sell, or possess specific prohibited weapons, including short-barreled shotguns, metal knuckles, and undetectable firearms.

• [PC 30600 – Assault Weapons]
  Prohibits the manufacture, transport, sale, or transfer of assault weapons or .50 BMG rifles in California.

• [PC 29800 – Felon in Possession of a Firearm]
  Makes it a felony for anyone with a felony conviction (or certain misdemeanors) to own, possess, or have control over a firearm.

• [PC 25850 – Carrying a Loaded Firearm in Public]
  Criminalizes carrying a loaded firearm on your person or in a vehicle while in a public place or on a public street.

Legal Defenses to PC 33215 Charges

If you’ve been accused of possessing, manufacturing, or transferring a short-barreled rifle or shotgun under California Penal Code 33215, our Los Angeles criminal defense attorney can evaluate your case and develop a strategy tailored to your specific circumstances. Depending on the facts, we may be able to argue one or more of the following defenses:

The firearm does not meet the legal definition
California law has strict measurement requirements for what qualifies as a short-barreled rifle or shotgun. If the barrel length or overall length does not meet the statutory threshold, the weapon may not be prohibited under PC 33215. Expert measurement and examination can make the difference in these cases.

Lawful possession under a rare exemption
Although extremely limited, certain exemptions exist — such as for law enforcement officers, licensed firearms dealers, and individuals with proper federal ATF registration under the National Firearms Act (NFA). If you fall into one of these categories, you may not be criminally liable.

Illegal search and seizure
If police found the firearm during an unlawful search of your home, vehicle, or property — without a warrant, valid consent, or probable cause — that evidence can often be suppressed. Without the firearm as evidence, the prosecution’s case may be significantly weakened.

Lack of knowledge
In some situations, a person may not know the weapon’s barrel length, overall length, or that it had been modified. If the prosecution cannot prove you knew the firearm’s illegal configuration, they may not be able to secure a conviction.

False accusation or mistaken identity
Disputes, misunderstandings, or an attempt to shift blame can result in wrongful charges. We thoroughly investigate the source of the allegation, cross-examine witnesses, and present evidence to show you were not in possession of any prohibited firearm.

At The Law Offices of Arash Hashemi, we scrutinize every detail — from the legality of the search to the precise measurements of the firearm — to expose weaknesses in the prosecution’s case. Our goal is to have your charges reduced or dismissed entirely.

Speak With a Los Angeles Firearms Defense Attorney Today

Attorney Arash Hashemi has over 20 years of experience defending clients against serious California firearms charges, including allegations involving short-barreled rifles and shotguns under PC 33215. He understands how law enforcement investigates these cases, the technical requirements that define a “short-barreled” weapon, and the constitutional issues that can lead to suppression of evidence and case dismissal.

A conviction for possession of a short-barreled rifle or short-barreled shotgun can mean years in custody, steep fines, a lifetime ban on firearm ownership, and long-term effects on employment, licensing, and immigration status. In many cases, aggressive early intervention can uncover defenses such as measurement errors, lawful exemptions, or unlawful police searches that weaken the prosecution’s case.

Our mission is to protect your freedom, your rights, and your future. Contact our office today to schedule a free, confidential case review with our criminal defense attorney and learn how we can start building a strong defense on your behalf.

The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
📍 Get Directions

📞 Phone: (310) 448-1529
📧 Email: Contact@hashemilaw.com
🌐 Schedule a Free Consultation

🕒 Office Hours: Monday–Friday, 8:30 AM – 5:00 PM
Evening & weekend appointments available by request.