Whiskey Creek Solutions

Personal Firearm Instruction

What are generally prohibited firearms?

Penal Code 16590 is the California statute on “generally prohibited weapons.” The law bans certain firearms and firearm accessories.

More specifically, the statute makes it a crime for a person to do any of the following with these guns/add-ons:

  • manufacture them,
  • import them into the state,
  • keep them for sale,
  • offer them for sale,
  • give them away,
  • lend them, or
  • possess them.

A “generally prohibited weapon” includes the following guns, equipment, and ammunition:

  1. short-barreled shotguns and rifles, also illegal per Penal Code 33215 PC,
  2. undetectable firearms, also illegal per Penal Code 24610 PC,
  3. firearms that are not immediately recognizable as firearms, also illegal per Penal Code 24510 PC,
  4. unconventional pistols, also illegal per Penal Code 31500 PC,
  5. cane guns (or a gun that is enclosed in an object that looks like a walking cane), also illegal per Penal Code 24410 PC,
  6. wallet guns (or a firearm enclosed in a small case), also illegal per Penal Code 17330 PC,
  7. zip guns (or a cheap makeshift firearm made by miscellaneous material), also illegal per Penal Code 33600 PC,
  8. camouflaging firearm containers, also illegal per Penal Code 24310 PC,
  9. bullets containing explosive agents, also illegal per Penal Code 30210 PC,
  10. multi-burst trigger activators – also illegal per Penal Code 32900 PC,  and

A violation of these laws is a wobbler. This means a prosecutor can charge the crime as either a misdemeanor or a felony.

If a misdemeanor, the crime is punishable by:

  • custody in county jail for up to one year, and/or
  • a maximum fine of $1,000.

If a felony, the offense is punishable by:

  • imprisonment in jail for up to three years, and/or
  • a maximum fine of $10,000.

Note that large-capacity ammunition magazines are illegal in California.  In 2021, the Ninth Circuit held that Penal Code 32310 PC – which bans LCMs – does not violate self-defense laws.

M., D. (2022, March 27). California gun laws 2022 – your top 12 questions answered. Shouse Law Group. Retrieved May 4, 2022, from https://www.shouselaw.com/ca/defense/gun-laws/