Penal Code 33215 PC - Rifles and Sawed-Off Shotguns
California has stringent regulations governing the possession, sale, and use of firearms. Penal Code 33215 PC explicitly prohibits short-barreled rifles and sawed-off shotguns. Understanding and adhering to this law is crucial for public safety, as it restricts access to these highly dangerous and easily concealable weapons.
This statute prohibits possessing, manufacturing, importing, keeping, or offering to sell or give them to others. Courts have determined that 'possession' can be guilty even if the rifle or shotgun is disassembled into parts, as long as it can be reassembled quickly.
PC 33215 says, "Except as provided in Sections 33220 and 33225, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any short-barreled rifle or short-barreled shotgun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170."
Violation of this law can lead to serious consequences, including up to 3 years of imprisonment, depending on the circumstances and your criminal history. Let's delve into this state law in more detail below.
Explanation of PC 33215
According to California Penal Code 33215 PC, it is unlawful to manufacture, distribute, transport, import, keep for sale, offer for sale, or give away any short-barreled rifle or sawed-off shotgun within California. A short-barreled rifle is defined by Penal Code 17170 PC as:
- A rifle that has a barrel length under 16 inches.
- A rifle with a total length of less than 26 inches.
A sawed-off shotgun is described in Penal Code 17180 PC as:
- A shotgun featuring a barrel shorter than 18 inches.
- A shotgun measuring less than 26 inches in total length.
A sawed-off shotgun is also known as a short-barreled shotgun.
What Are the Exceptions to PC 33215?
It's crucial to be aware of the exceptions to PC 33215, as they can provide legal protection in certain situations. These exceptions, similar to other firearm offenses under California law, include:
- Law Enforcement: In some cases, active-duty law enforcement officers may have short-barreled rifles or sawed-off shotguns as part of their official responsibilities.
- Military Personnel: Active-duty military personnel are permitted to possess these firearms as part of their service duties.
- Licensed Collectors: Antique dealers holding valid federal firearms licenses can own short-barreled rifles or sawed-off shotguns as part of their collection, as long as they follow federal regulations.
- Special Permits: In some cases, the Department of Justice may grant a permit to possess these weapons if the applicant demonstrates "good cause" and the permit "does not endanger public safety' (PC 33300). The permit requires annual renewal. As long as the permit remains valid and the applicant follows the regulations, they are protected from prosecution while possessing the permit.
Individuals exempt from Penal Code 33215 PC must adhere to California's firearm registration rules. This includes registering their short-barreled rifles or sawed-off shotguns with the California Department of Justice and complying with all relevant state and federal regulations.
What Are the Relevant Laws?
California Penal Code 16590 PC broadly governs prohibited weapons, listing several types of weapons or ammunition that are typically prohibited. Additional laws related to Penal Code 33215 PC, which concerns short-barreled rifles and sawed-off shotguns, include the following:
- Penal Code 30210 PC - bullets with an explosive agent
- Penal Code 30600 PC - assault weapons
- Penal Code 30610 PC - possession of a .50 BMG rifle
- Penal Code 32310 PC - large capacity magazines
- Penal Code 29800 PC - felon with a firearm
- Penal Code 30305(a)(1) PC - felon with ammunition
- Penal Code 417 PC - brandishing a weapon
- Penal Code 25400 PC - carry a concealed firearm
- Penal Code 25850 PC - carry a loaded firearm
What Penalties are Associated with PC 33215?
PC 33215 is considered a "wobbler offense," which means it can result in either misdemeanor or felony charges, depending on the circumstances and the defendant's criminal history:
- If convicted of a misdemeanor, you could be sentenced to up to one year in county jail and fined up to $1,000.
- If convicted of a felony, you could be sentenced to 16 months, two years, or three years in state prison, along with a fine of up to $10,000.
What Defenses Are Available?
If you face charges under PC 33215, a California criminal defense attorney might employ several strategies to defend you, as outlined below.
You might argue that you lacked knowledge. For instance, your attorney could say you didn't realize the firearm was a short-barreled rifle or sawed-off shotgun. In essence, you did not intentionally violate the law.
We might argue that you qualified for an exemption. For instance, you could claim they were legally permitted to possess the firearm under certain law exemptions, such as being a law enforcement officer or holding a special DOJ permit.
We could argue that the measurement was inaccurate. Your attorney might claim that the firearm's measurements were improperly taken and that it does not qualify as a short-barreled rifle or sawed-off shotgun.
We might argue that an unlawful search and seizure occurred. If law enforcement officers infringe on your Fourth Amendment rights through an illegal search and seizure, any evidence collected, such as the weapon, cannot be used against you in court, and the case is likely to be dismissed.
If you find yourself in a situation where you need legal advice or representation, don't hesitate to reach out to our law firm for a case review. The Hedding Law Firm, based in Los Angeles, California, is here to help you navigate the complexities of California's firearm laws.
