CA Penal Code 12020 Violations Guide – California Penal Code 12020 (PC 12020) has long been one of the most frequently searched statutes for residents, gun owners, and criminal defense clients across the USA. While the original section number was repealed, the core prohibitions on manufacturing, importing, selling, giving, lending, or possessing certain dangerous weapons remain fully in effect through California’s Deadly Weapons Recodification Act of 2010. This comprehensive guide explains everything you need to know about former PC 12020 violations, the current equivalent laws, prohibited items, penalties, defenses, and what to do if charged.
What Was California Penal Code 12020?
Former Penal Code § 12020 made it illegal for any person in California to manufacture, cause to be manufactured, import, keep for sale, offer for sale, give, lend, or possess a wide range of specific weapons and explosives. It also banned carrying concealed explosive substances (other than fixed ammunition) and concealed dirks or daggers.
The law applied to both actual and constructive possession. Prosecutors had to prove the defendant knew the item qualified as a prohibited weapon — it was not a strict liability offense.
Important Update: PC 12020 Has Been Repealed — Here’s the Current Law
PC 12020 was repealed as part of the nonsubstantive Deadly Weapons Recodification Act of 2010 (effective 2012). Its provisions were reorganized into Penal Code sections 16000 through 34370 with no change in substance.
Today, the list of banned items is defined in Penal Code § 16590 as “generally prohibited weapons.” Violations involving these items are prosecuted under the specific prohibiting statutes cross-referenced in § 16590 (or collectively referenced as former PC 12020 in many court documents and defense practices). The prohibited acts and penalties remain identical.
List of Generally Prohibited Weapons (Former PC 12020 / Current PC 16590)
California law bans the following items (full list from PC 16590 with cross-references to individual sections):
- Firearms and firearm-related devices: Cane guns, wallet guns, zip guns, undetectable firearms, firearms not immediately recognizable as such, unconventional pistols, camouflaging firearm containers, short-barreled shotguns, short-barreled rifles, multiburst trigger activators.
- Knives and edged weapons: Air gauge knives, ballistic knives, belt buckle knives, lipstick case knives, writing pen knives, cane swords, shobi-zue (staff/crutch/cane knives), and concealed dirks or daggers.
- Impact and exotic weapons: Metal knuckles, nunchaku (nunchucks), shurikens (throwing stars), leaded canes, blackjacks, slungshots, billies, sandclubs, saps, sandbags.
- Explosives and ammunition: Ammunition containing flechette darts, bullets with explosive agents, metal military practice handgrenades or replicas, concealed explosive substances (other than fixed ammunition).
Note: Large-capacity magazines were added to the old § 12020(a)(2) in 2000 but are now regulated under separate statutes (e.g., PC 16740 et seq.). Always check the most current versions.
Penalties for CA Penal Code 12020 / PC 16590 Violations
Violations are “wobbler” offenses — prosecutors can charge them as either a misdemeanor or felony depending on the weapon, your criminal history, and case facts.
- Misdemeanor: Up to 1 year in county jail and/or a fine of up to $1,000.
- Felony: 16 months, 2 years, or 3 years in state prison and/or a fine of up to $10,000.
First offenses involving metal practice handgrenades or replicas are often infractions unless you are an active gang participant. A conviction can also trigger loss of firearm rights, probation, and collateral consequences like immigration issues or professional licensing problems.
What Prosecutors Must Prove for a Conviction?
To convict under the current framework (formerly PC 12020), the state must prove beyond a reasonable doubt that you:
- Manufactured, imported, kept/offered for sale, gave, lent, or possessed the prohibited item.
- Knew the object had the characteristics that made it illegal under California law.
Intent to use the weapon is not required — mere knowing possession is enough.
Common Defenses to PC 12020 / Generally Prohibited Weapons Charges
Experienced California criminal defense attorneys often raise these defenses:
- Lack of knowledge (you didn’t know the item was prohibited).
- Lawful exceptions apply (see below).
- Illegal search and seizure (evidence obtained in violation of the 4th Amendment).
- Mistake of fact or entrapment.
- Statute of limitations (generally 3 years for felonies and misdemeanors in these cases).
Legal Exceptions to the Prohibitions
The law contains numerous exemptions, including:
- Law enforcement, military, and authorized peace officers acting in official duties.
- Certain schools teaching self-defense (limited nunchaku possession).
- Museums, historical societies, and properly secured collections.
- Motion picture, television, or video production props (with authorization).
- Federally permitted curios, relics, or antique firearms (manufactured before 1898).
- Specific DOJ authorizations for short-barreled shotguns/rifles.
These exceptions are narrowly construed and often require documentation.
What to Do If You’re Charged with a Weapons Violation in California?
- Invoke your right to remain silent and request an attorney immediately.
- Do not discuss the case with police or anyone except your lawyer.
- Contact a qualified California criminal defense attorney experienced in firearms and weapons cases as soon as possible.
- Preserve any evidence of lawful ownership, exceptions, or lack of knowledge.
This article is for informational purposes only and is not legal advice. Laws can change, and every case is unique. Consult a licensed California attorney for advice specific to your situation.
Frequently Asked Questions About CA Penal Code 12020 Violations
Is PC 12020 still valid in 2026?
No — it was repealed, but the identical prohibitions are now enforced through PC 16590 and related sections.
Can I own nunchucks or brass knuckles in California?
No. Both are generally prohibited weapons under current law.
What if I inherited a prohibited weapon?
Certain federal curios/relics allow limited time to transfer title, but actual possession is usually illegal for prohibited persons.
Does a concealed carry permit protect me?
No. A CCW does not authorize carrying generally prohibited weapons.
Are switchblades banned?
Yes — they fall under dirk/dagger or specific knife prohibitions depending on design and carry method.
For the latest official text, visit the California Legislative Information website (leginfo.legislature.ca.gov) and search Penal Code sections 16590 and the cross-referenced statutes.
Stay informed and stay legal — California weapons laws are among the strictest in the United States. If you or a loved one faces charges related to former PC 12020 or current generally prohibited weapons, seek experienced legal representation immediately.