On these facts, the prosecution will attempt to charge you with possessing a shobi-zue, which is a generally prohibited weapon. However, you should not be convicted with knowingly possessing a shobi-zue because you did not have knowledge that you had a prohibited weapon in your possession. You have a valid permit. Some of these weapon listed under PC can be made, sold, and possessed under limited circumstances.
For example, nunchakus are generally prohibited weapons, but Penal Code permits the possession of nunchakus at any school that teaches self-defense. The same code also permits the manufacture and sale of nunchakus to martial arts schools.
Can I be convicted of possession of a generally prohibited weapon if I was not physically carrying it? In criminal law, possession can be actual or constructive. Actual possession means that the item was in your control at the time you were arrested, such as having the weapon in your hand or in your pocket.
Constructive possession means that you had access to the area where the item was found and could exercise your control over that area. So, if the weapon were found in the trunk of your car or your home, you would have had access to the weapon, and could therefore be charged with having constructive possession of the generally prohibited weapon.
Is it legal for me to film a scene with a short-barreled shotgun for a movie? Yes, but only with the proper permit. Penal Code allows for the use of short-barreled shotguns and rifles for the filming of a motion picture, television program, theatrical production, or video production. If you are over 21, you may obtain an entertainment firearms permit from the California Department of Justice, which allows you to possess firearms for use solely as a prop in a motion picture, television, video, theatrical or other entertainment production or event.
California does not have a stand-your-ground law, so the right of Castle Doctrine ends outside of a property. As well, case law in California has established that the right to use force ends when the intruder no longer presents a threat to a person or his property. Handguns must be unloaded and locked in a fully enclosed container other than glove box when carrying them in a vehicle. For these purposes, the trunk of the car is typically allowed but other compartments on the car such as the glove box are forbidden.
Long guns do not need to be kept in a locked container, except when taken into Gun Free Zones. By federal law, all guns traveling through Gun Free Zones must be kept in locked containers. Instead, you must always work through a licensed firearms dealer.
It is legal to give a firearm to your spouse, domestic partner, brother, sister, aunt, uncle or cousin, as long as the recipient of your firearm satisfies all of the requirements of ownership eligibility above of age, no disqualifying criminal history, substance abuse history, mental illness.
The transfer must go through a licensed dealer, but if the transfer is parent-child or grandparent-grandchild, the dealer requirement is lifted. Weapons offenses in California are typically serious and are often charged as felonies. They can be related entirely to the laws described above, offenses like:. When used in the commission of other crimes, possession of a firearm can often lead to more serious charges pressed against you:.
It depends entirely on the circumstances around your case, but charges like these can be prosecuted as misdemeanors or felonies. California also generally prohibits any person from manufacturing, distributing, transporting, importing, keeping for sale, offering for sale, giving, or lending an assault weapon within the state. California law defines assault weapons in two ways: First, state law includes a list of specific firearm models and types that are designated as assault weapons, including all AK series and Colt AR series firearms.
Antique firearms i. A surge in sales of more than 1. Similar assault weapon restrictions have previously been upheld by six other federal district and appeals courts, the state argued. Overturning the ban would allow not only assault rifles, but things like assault shotguns and assault pistols, state officials said. The facts, however, do not support this hyperbole, and facts matter. Modifications like a shorter barrel or collapsible stock make them more concealable, state officials said, while things like a pistol grip or thumbhole grip make them more lethal by improving their accuracy as they are fired rapidly.
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