The California statute Penal Code 4502 PC makes it illegal to possess or manufacture certain firearms while incarcerated. It is a criminal to break this section. The offense carries a maximum sentence of four years in state prison.
Weapons categorized as “firearms” under Penal Code section 12054 PC include, but are not limited to, the following:
1) Any pipe, short sword, ax, hatchet, or other weapon with a blade four inches or longer, or any weapon with a spring or other device in the weapon, or any weapon with an attachable blade attached to or capable of working on the weapon, and
2) Ammunition or a firearm or revolver having a barrel length of less than eighteen inches.
These laws also apply to any ammunition, firearm, or revolver that has been modified to prevent it from firing, render it inoperable, or extend the useful life of the modified item. As a result, if an accessory is inserted that renders the weapon useless indefinitely, the device is regarded as “ammunition.”
There are two other provisions in these statutes. When a person is charged with possessing a firearm under Penal Code section 9.73 PC, his or her name is added to the state’s registry of those who are barred from possessing firearms and ammunition. A person who produces, imports, or sells a firearm is also guilty of a $8,000.00 class B misdemeanor under Penal Code section 12022.7.
When someone is charged with making an unlawful weapon under Penal Code section 12050 or possessing an illegal firearm under Penal Code section 12032, the prosecutor must show that the offense was done with the intent to:
1) inflict harm on another person or their possessions,
2) defrauding someone, or
3) change an object’s function or consequences.
Thus, if a person intends to injure another person but does not do so, the prosecution must show that the person lacked the intent to harm. If a person intends to defraud a person but does not defraud anyone, the prosecution just needs to show that the individual did not intend to defraud anyone.
A person is guilty of an infraction if they possess an object that was not possessed with the aim to do harm, defraud, or change the function of any thing. A misdemeanor will be committed if the individual has the thing with the intent to injure, defraud, or change the function of any object.
Even if a legitimate excuse exists for possessing a weapon, defacing, or altering an object, the individual may still be guilty of an infraction or a misdemeanor. These charges are typically filed under Penal Code section 1203.4 PC as an add-on charge. A person’s only defense is to establish that the object was possessed with the approval of the person whose property was damaged, altered, or destroyed.
