PC 24410: Cane Gun Laws
Legal Definition: Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, 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 cane gun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.”
What does this mean?
A cane gun is a firearm discreetly concealed within an innocuous walking cane, allowing it to be fired without revealing its true nature. This offense strictly criminalizes the possession, importation, and sale of such weapons.
Consider the scenario where Sarah constructs a cane gun and sells it to her acquaintance Mario, who subsequently passes it on to his associate, Steve. In light of the aforementioned charge, all three parties can be prosecuted and convicted for violating this legislation, irrespective of variations in perceived culpability. Nevertheless, the expertise of an experienced Criminal Defense Attorney can offer invaluable assistance in mitigating the consequences, particularly for individuals with lesser involvement, such as possessors with diminished culpability, as opposed to those engaged in mass production and distribution of these cane guns.
A conviction under PC 24410 is a wobbler offense. That means you can be charged with violating this section with a misdemeanor or with a felony charge. Whether you are charged with a felony or misdemeanor offense depends on your criminal history, as well as the specific facts of your case. If you are convicted of this charge as a misdemeanor, you could be sentenced to County Jail for up to one year. You would also serve at least 50% of that time in custody. If you are convicted of this charge as a felony, you could be sentenced to County Jail Prison for up to 16 months, 2 or 3 years. You would be required to serve at least 50% of that time in custody. You would also be subject to seizure and destruction of the cane gun, as well as significantly high fines upon a conviction.
This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. You could also face a loss of your Professional License if convicted, and if you are not a legal resident, you would face Deportation in Immigration Court since this offense is an aggravated felony under Federal Law, and is a crime involving a firearm. You would also lose the ability to own or possess a firearm with a felony conviction.
If the item in your possession does not meet the specific criteria of a “cane gun” as outlined above, you cannot be charged under this section. It is important to note that simply possessing any kind of firearm does not automatically escalate to this offense, unless the firearm is concealed within a cane gun. The purpose of this charge is to deter individuals who intend to unlawfully bring a concealed firearm to a restricted area. Without substantial evidence to establish the presence of a cane gun, it would be inadequate to prove your guilt beyond a reasonable doubt.
Moreover, in the event of a violation of your rights by law enforcement, your attorney can assert, for example, an illegal search and seizure as a defense. Consequently, any evidence relating to the cane gun discovered would be suppressed, thereby rendered inadmissible in court. It is worth noting that even if an illegal weapon was indeed found on your person or in your residence, if the police stopped you without probable cause or conducted a search of your home without a proper warrant, your Ontario Criminal Defense Attorney possesses the expertise to successfully argue that it constituted an unlawful search and seizure. Subsequently, any evidence pertaining to the cane gun would be excluded from consideration in a court of law.
Facing a PC 24410 conviction can drastically alter your life, potentially damaging your career opportunities and affecting your immigration standing. Beyond this, you could face a significant prison term and lose your 2nd Amendment Rights, preventing you from ever owning or possessing a firearm again. Recognizing the seriousness of such charges is critical. At Inland Empire Defense, our reputable Ontario PC 24410 attorney, backed by years of successful firearm-related case defenses, is committed to protecting your rights and securing the best possible outcome. Don’t leave your future to chance. Connect with the Ontario Criminal Defense Attorney at 909-281-0391 today. Conveniently located in Ontario, CA, we’re here to stand by you.