PC 24410 – Manufacturing, Possession for Sale, Display or Exhibition of a Cane Gun
Manufacturing, Sale, Display of a Cane Gun – Table of Contents
What is the manufacture for sale, possession, exhibition or display of a Cane Gun as defined under California Penal Code 24410?
Any person who manufactures or causes to be manufactures, or imports in the state, keeps for sale or offers or exposes for sale or who gives lends or possesses any cane gun.
What is a cane sword as defined under California Penal Code 24410?
A firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device designed to be, or capable of being, used as a walking aid and that can be fired while mounted or enclosed.
What does possession mean as defined under Penal Code 24410?
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 a requirement for the length for a cane gun as defined under California Penal Code 24410?
Yes- A cane gun must be no shorter than 32 inches as defined by the FBI.
Is there an exception to possession as defined under California Penal Code 24410?
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 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.
What is the extent of manufacturing, or causation for manufacturing required under Penal Code 24410?
A cane gun 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 completely assembly all the major component parts of the weapon without more to be ready for sale or use. For a cane gun it requires two basic components, the lower barrel section that has a percussion cone/ firing pin, an upper barrel section or casing that has consists of an internal hammer and trigger aid which is covered with a cone or cover section to preserve the walking aid, Further a cane gun consists of a flat-disk hammer that is connected to the spring-loaded road, which encases an engaged sear to help with cocking; there must be an affixed trigger that when depressed the sear is disengaged to drive the hammer against the percussion cone/ firing pin to activate the spring loaded rod to commence firing.
What are the penalties for a violation of California Penal Code 24410?
A violation of California Penal Code 24410 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 gun 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 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 24410?
- 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 pulled a few metal balls from his pocket, placed them on a top component of his cane and recommenced pointing it at Hansel. 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 . After an inspection, the officers arrested Tariq.
- Peter’s son was a martial arts fanatic, so he bought him a Cane Gun for his 19th birthday. Peter just bought the Cane 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 cane he just purchased was sitting on the passenger seat with a box of .22 rimfire caliber cartridges. 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 24410?
- 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 24410, 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.
Call Us for a FREE Case Review: 310-274-6529
How to Win Your Case
We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:
- Don’t ever talk to the police
- Do not discuss your case with anyone
- Everything you tell your lawyer is confidential
- Tell police you need to contact your attorney
- Never consent to any search by the police
- If the police knock on your door, don't answer!
- Realize the consequences of a criminal conviction
- Your lawyer (not you) will contact any witnesses
- Information on your cell phone is evidence
- Early Intervention is the key