I. 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.”
II. What does this mean?
A cane gun is a firearm that is enclosed within an object that appears from the outside to be a walking cane, and it can be fired while hidden within that cane-like object. This crime penalizes the possession, importation, and selling of the crime, equally.
For example, Sarah could make build a cane gun that she sells to her friend, Mario, who is then selling the cane gun to his friend, Steve. Based on the above charge, all three parties can be charged with, and convicted of violating this law, even if one may seem from the surface to be more culpable than the others. However, an experienced Criminal Defense Attorney can assist in helping to mitigate, if you were for example, someone less culpable, such as the possessor, versus the person manufacturing thousands of cane guns to sell.
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.
IV. Common Defenses
If the item you have is not considered as defined above as a “cane gun” then you cannot be found guilty under this section. For example, simple possession of a firearm of some kind cannot be elevated to this crime unless the person has the firearm inside of a cane gun. The purpose of this charge is to penalize people who are attempting to bring a firearm concealed into an area where a firearm is not allowed. Without showing that the cane gun exists, it would be insufficient evidence to prove you guilty of the crime.
Also, if police act in violation of your rights, your attorney can argue for example, that the police did an illegal search and seizure, and evidence of the cane gun found would be suppressed, meaning it could not come into court and be used against you. You may have had the illegal weapon on your person or in your home, but if police were to stop you without probable cause or search your home without a Warrant, then your Ontario Criminal Defense Attorney can successfully argue that it was an illegal search and seizure, and evidence of the cane gun evidence would be thrown out of Court.
V. Call Today
A conviction under PC 24410 can have devastating impacts on your future, your job, and your immigration status. Not only that, but it’s a charge that carries a hefty custody sentence, and the possible loss of your 2nd Amendment Rights to own or possess a firearm for life with a felony conviction. It is not wise to take charges in a criminal case lightly. Our Ontario PC 24410 attorney has successfully defended many people charged with firearm crimes including under PC 24410. Call your local Ontario Criminal Defense Attorney today at the Inland Empire Defense 909-939-7126. Located in Ontario.