PC 20510 – Manufacturing, Possession for Sale, Display or Exhibition of a Cane Sword
Manufacturing, Possession for Sale, Display of Cane Sword – Table of Contents
What is the manufacturing, possession, exhibition, or display of a Cane Sword as defined under California Penal Code 20510?
Any person who manufactures or causes to be manufactured or imported in the state keeps for sale or offers or exposes for sale or who gives lends or possesses any cane sword.
What is a cane sword as defined under California Penal Code 20510?
A cane sword is: any cane, swagger stick, stick, staff, rod, pole, umbrella, or device that can conceal a blade that can be utilized as a stiletto or sword.
What does possession mean as defined under Penal Code 20510?
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. In regards to 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.
Is there an exception to possession as defined under California Penal Code 20510?
Yes. Although the 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 cane sword is being manufactured, that he is manufacturing a cane sword or is giving or allowing another to hold a cane sword. 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 cane sword.
Are there exceptions to the cane sword height to not qualify as a violation under California Penal Code 20510?
Yes. Yes the FBI suggests the height of the cane as the casing for the sword or blade must be at least 36 inches.
What is the extent of manufacturing, or causation for manufacturing required under Penal Code 20510?
A cane sword is a dangerous weapon. A dangerous weapon is described as one that is capable of doing serious bodily injury or death. What is considered manufacturing a dangerous weapon is having the substantial ability to complete assembly all the major component parts of the weapon without more to be ready for sale or use. For a cane sword, it is a cane of 36 inches or more, a blade or sword that can fit inside the casing, a spring device, and or a catch/ release mechanism to release the blade or sword.
What are the penalties for a violation of California Penal Code 20510?
A violation of California Penal Code 20510 is charged as either a misdemeanor or a 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 possible ties of crimes to the actual weapon(s) manufactured. As misdemeanor confinement will not exceed 1 year in jail with fines not exceeding $1000. As felony confinement can range between 16 months, 2, 3 years in State Prison.
What are examples of a violation of California Penal Code 20510?
Tariq and Jenna broke up. Jenna called her brother to drive to Tariq’s house to teach him a lesson. When Tariq was leaving his house to go to his car, Hansel drove up and blocked his path. Tariq pointed at Hansel and pulled out a cane from his car. Hansel laughed. Tariq then removed a sword from the cane. While Tariq was doing this he verbally insulted Jenna to Hansel, while Hansel remained in his car. While in his car Hansel took a picture and video of Tariq’s display and rants. He sent the photo to the LAPD. The LAPD later arrived at Tariq’s house, asked him to retrieve his cane sword. After an inspection, the officers arrested Tariq.
Peter’s son was a martial arts fanatic, so he bought him a Cane Sword for his 19th birthday. Peter just bought the sword from a gun convention in Anaheim. On the way home he failed to properly stop at a stop sign and did not see the parked Sheriff officer. Peter was stopped for a possible traffic violation. The sword he just purchased was half exposed from the cane casing and seating on the passenger seat. The officer saw this and questioned Peter regarding the purchase. Although Peter’s story did match up. Peter was removed from his vehicle and arrested.
What are examples of Defenses against a violation of Penal Code 20510?
- Diminished Capacity.
- The weapon was not a cane sword.
- The cane had an imitation blade and was not a cane sword but more of a novelty.
- The victim did not perceive the item to be a cane sword but a novelty.
- The accused did not know he was manufacturing a cane sword.
- Mistaken Identity.
- The arrest or search did not retrieve any or all the major component pieces to be classified as manufacturing a cane sword.
If you or a loved one has been arrested for a violation of California Penal Code 20510, call The Esfandi Law Group. 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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