PC 20410 – Manufacturing, Sale or Possession of Belt Buckle Knives
Manufacturing, Sale or Possession of Belt Buckle Knives – Table of Contents
- PC 20410 Overview
- PC 20410 Prosecuting
- PC 20410 Sentencing
- PC 20410 Defending
- Belt Buckle Knives – Hire Us
What is the manufacturing and possession of belt buckle knives as defined under California Penal Code 20410?
Any person who manufactures or causes to be manufactured, presents for sale, keeps for sale, lends, or possesses a buckle knife belt.
What is a belt buck knife as defined under California Penal Code 20410?
A belt buckle knife is a knife that is crafted as a component part of a belt buckle and consists of a blade whose length is at least two and one-half inches.
What is the mental state for a violation under California Penal Code 20410?
Knowingly is the mental state required for a violation of California Penal Code 20410. It requires that the People (The Prosecution) prove, beyond a reasonable doubt, that the accused was consciously aware of the act intended, and from the accused’s conduct it can be ascertained from objective reasonableness that the accused understood the consequences which would procure from the acts alleged by the accused. The People may, in proving this, enable a jury to consider evidence showing what the accused said; what the accused failed to do; how the accused acted; and all other evidence showing what was in the accused’s mind at that time.
What does possession mean as defined under Penal Code 20410?
Possession can either be actual or constructive. Actual possession is physical possession over the item in question. Constructive possession is exhibiting control and authority over the item in question despite its physical control by another to assume that same physical custody. The exhibition of control and authority can also be administered to the party retaining the object.[i] Regarding possession: the time, place and manner of possession when illustrated may show the accused’s guilt and the accused’s opportunity to commit the crime. The accused’s conduct or statements or the accused’s failure to explain possession under certain circumstances can also indicate a parameter of guilt.[ii]
Is there an exception to possession as defined under California Penal Code 20410?
Yes. Although intent to use or possess is not an element of the offense, the accused should illustrate that he knows that within his possession is a writing pen knife or that he knows from reasonable ascription that a belt buckle knife his being manufactured, that he is manufacturing a belt buckle knife, possessing or is giving or allowing another to hold a belt buckle knife.[iii]
What is the extent of manufacturing, or causation for manufacturing required under Penal Code 20410?
A belt buckle knife is a dangerous weapon.[iv] A dangerous weapon is described as one that can do serious bodily injury or death.[v] What is considered manufacturing a dangerous weapon is having the substantial ability to completely assemble all the major component parts of the weapon without more to be ready for sale or use. For a belt buckle knife, it is the belt and buckle, with a knife sliding component that can fit inside the casing of the buckle, with epoxy as lubricant to hold the button, a spring device and or catch/ release mechanism to release the knife.[vi]
What are the penalties for a violation of California Penal Code 20410?
A violation of California Penal Code 20410 is charged as either a misdemeanor or felony. The circumstances of charging the act as a misdemeanor or felony depend on the market value of the cane sword being sold, the quantity, and profile of any existing buyers and the length of time capable of being documented as a merchant in the trade- excluding any ties of crimes to the actual weapon(s) manufactured. As a misdemeanor confinement will not exceed 1 year in jail with fines not exceeding $1000. As a felony confinement can range between 16months, 2, 3 years in State Prison.
What are examples of a violation of California Penal Code 20410?
- Tariq and Jenna broke up on her birthday. Friends attended the party. Tariq bought her a belt buckle knife because she was a martial arts instructor. Tariq bought the belt buckle knife from his friend Lisa, a gun collector. She also attended the party. Jenna broke up with Tariq at the party because she found a better man. After an intense argument at his place, he threw the open pen at her. The belt buckle caused a bruise on her forehead. Jenna called the police. The LAPD later arrived at Tariq’s house, asked him to retrieve the belt, and asked for facts. Tariq retrieved the receipt from Lisa’s store. After an inspection, the officers arrested Tariq and Lisa.
What are examples of Defenses against a violation of Penal Code 20410?
- Diminished Capacity.
- The weapon was not a belt buckle
- The victim did not perceive the item to be a belt buckle knife but a novelty.
- The accused did not know he was manufacturing a belt buckle knife.
- Mistaken Identity.
- The arrest or search did not retrieve any or all the major component pieces to be classified as manufacturing a shank.
If you or a loved one has been arrested for a violation of California Penal Code 20410, call The Esfandi Law Group, APLC. Seppi Esfandi, Principal Attorney of The Esfandi Law Group, APLC, his staff, and Attorneys are delighted to discuss your legal issues and seek retainment to provide solutions.
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