California has prohibited certain types of weapons, including dangerous weapons that are easily masked or concealed as other items. PC 16590 lists the weapons that are generally prohibited. One type of prohibited weapon is the BBK, or belt knuckle knife. Per PC Section 20410, possessing, manufacturing, distributing, or transporting these knives is criminal. Should you be accused of violating the BBK law, you may be subject to imprisonment and hefty fines. You may also face collateral consequences.
Fortunately, it does not have to reach a point where you are subject to harsh consequences. Hiring a criminal defense attorney early in the criminal process can save the situation. At the Law Offices of Anna R. Yum, we have been fighting for clients facing gun crime charges in San Diego, including those related to BBKs, and we can do the same for you. In every case we take on, we always strive to obtain a charge dismissal or an acquittal. If that is not possible, we will fight for a lenient sentence. Call us now for a consultation.
Defining The California Law On Belt Buckle Knives—PC Section 20410
PC Section 20410 is the statute that regulates belt buckle knives in California. Under this law, it is illegal to manufacture, make, cause to be manufactured or made, sell, import, lend, keep for sale, offer or expose for sale, possess, or give away any BBK.
A belt buckle knife refers to a knife meant to be hidden within a belt buckle. The buckle’s metal casing conceals the blade. Whenever the person wearing the knife wants to use it, they can flick open the buckle to expose the edge.
Nevertheless, not every BBK meets the state’s description of a prohibited weapon. PC 16260 describes an outlawed BBK as one made an integral part of a belt buckle, which comprises a blade of at least 2.5 inches in length. Put otherwise; it would not be unlawful to have a belt buckle knife containing a blade shorter than two and a half inches.
Under PC Section 16590, California law on generally prohibited weapons, the state prohibits many other types of weapons. These weapons include switchblades, lipstick case knives, wallet guns, cane swords, concealed dirk and daggers, stun guns, tasers, brass knuckles, metal knuckles, and nunchucks.
The law exempts certain people from facing charges for particular BBK violations. The list of exempted parties includes members of the police force, antique dealers, museum curators, and specific martial arts experts.
Elements of the Crime
For the prosecution to have you convicted of violating BBK laws, it must prove that you committed any of the following acts:
- Possessed an illegal belt buckle knife
- Manufactured a prohibited BBK
- Imported a BBK into California from a different country or state or
- Sold, gave, or lent a belt buckle knife to someone else
- Making a belt buckle knife out of scrap metal
Examples of instances considered violations of the BBK law include:
- Wearing a belt buckle knife on the street
- Allowing someone else to stash a belt buckle knife in your home
- Purchasing a two-and-a-half-inch-long BBK in Colorado and entering California with it, even if you bought it for your own use
- Giving a belt buckle knife to another person as a gift
The Requisite Mental State for a PC 20410 Violation
Knowingly or consciously is the requisite mental state for a PC 20410 violation. PC 20410 necessitates that the prosecution demonstrates, beyond any reasonable doubt, that you were conscious of the intended act, and from your behavior, it is certain from objective reasonableness that you understood the repercussions of your actions. In demonstrating this, the prosecution may enable the jury to consider evidence showing what you said or failed to do, how you acted, and any other evidence proving what was in your mind at the time.
The Meaning of Possession as Described Under 20410 PC
Possession can be constructive or actual. Actual possession refers to the physical possession of the object in question. Conversely, constructive possession refers to having authority or control over the object in question, even if that object is under the physical control of another, and being able to assume physical control at any time. Showing authority and control can also be exhibited by the party keeping the object.
Concerning possession, the manner, place, and time of possession, when proven, might show your liability and your opportunity to perpetrate the crime. Your statements, conduct, or failure to explain possession under particular circumstances may also show a degree of guilt.
The Required Extent of Manufacturing or Causation for Manufacturing Under 20410 PC
A BBK is considered a dangerous weapon. Dangerous weapons are described as those that can cause death or severe physical harm. What is deemed manufacturing a dangerous weapon is possessing the substantial capability to assemble all the primary parts of that weapon without more to be ready for use or sale. For a BBK, the major components required are the buckle and belt, with a knife sliding part that could fit in the buckle casing, epoxy as a lubricant for holding the button, and a catch/release or spring device mechanism to release the knife.
Note that intent does not matter under PC 20410. So, the prosecution need not prove what you planned to do with the BBK if they found you in possession of it. Even if you never meant to use it as a weapon or commit a crime with it, simply having it is an offense and may result in prosecution under PC 20410.
The Consequences for Violating PC 20410
Violating the California BBK law in any way is deemed a wobbler crime, meaning the prosecution can charge it either as a felony or misdemeanor based on the specific facts surrounding the case and the accused’s criminal record.
If charged and convicted of a misdemeanor violation, the maximum consequences include not more than a year in custody and a court fine that does not exceed one thousand U.S. dollars. Note that the judge may sentence you to summary probation instead of jail. Summary probation is also known as informal or misdemeanor probation.
If charged and found guilty of a felony violation, the maximum consequences include a court fine not exceeding ten thousand U.S. dollars and not more than three years in prison. The judge has the utmost discretion to impose formal or felony probation instead of time in prison.
Conviction Record Expungement
If convicted of a misdemeanor, you may successfully have your conviction for violating Penal Code Section 20410 deleted from your criminal record. For this to happen, you must first successfully serve any jail term or probation imposed. Once you complete your sentence, you can file a petition with the court requesting them to expunge your conviction.
If you were convicted of a felony, you may also be able to expunge your record, although at the judge’s discretion. This, too, would be possible once you complete your prison term or probation sentence, whichever the judge imposed. A felony record expungement will release you from the collateral consequences of a conviction, such as the inability to rent an apartment or secure employment. An attorney can assist you in navigating the expungement process and elevate your chances of qualifying for one.
Effect on Gun Rights
If you are found guilty of a misdemeanor PC 20410 violation, your firearm rights will not be impacted. But should you utilize a BBK while perpetrating an act of violence and are found responsible for a violent misdemeanor violation, your gun rights may be suspended for ten years or potentially for life.
On the contrary, a felony conviction for PC 20410 violation always means a lifetime ban on firearm ownership. That is because, per California law, a convicted felon is not permitted to buy, possess, use, or own a gun. The odds of restoring your firearm rights after being convicted of a felony are nearly zero.
Violations Related to BBK Law Violations
It is illegal to use or carry other outlawed weapons in California, and other crimes may be prosecuted alongside or instead of BBK violations. These offenses include, without limitation:
PC 171.7, Weapons at California Public Transit Facilities
Under PC 171.7, it is an offense to bring guns or other weapons, like belt buckle knives, into the sterile area of a public transportation facility. A sterile area is any section of a public transit facility typically controlled in a way consistent with the security plans of the public transit authority.
So, if you are caught with BBK at a public transit facility, you could be charged with violating both PC 20410 and PC 171.7. Violating PC Section 171.7 is a misdemeanor punishable by a jail sentence for a maximum of six months and a fine not exceeding one thousand U.S. dollars. The judge may grant you informal probation instead of jail.
PC 32900, Possessing a Bump Stock
A bomb stock is also called a multi-burst trigger activator. It is a gun accessory that increases the rate at which semi-automatic rifles fire. That is, it helps in bump firing, utilizing the recoil of a semi-automatic gun to fire ammunition in rapid succession. Multi-burst trigger activators are prohibited in California per PC Section 32900. Specifically, PC 32900 criminalizes possessing, selling, importing, or manufacturing a multi-burst trigger activator.
Violating PC 32900 can be prosecuted as a felony or misdemeanor at the prosecution’s discretion. If convicted of a misdemeanor, you will be subject to a maximum of 12 months in jail and court fines. If convicted of a felony violation, you will face 16 months, two or three years in custody, and a court fine.
PC 626.10, Possessing a Knife on School Grounds
It is an offense under PC 626.10 to carry or possess any dangerous weapon, including a belt buckle knife, dagger or dirks, stun guns, BB guns, and ice picks on California’s private or public college campus or school grounds. Therefore, if the weapon you are caught with on school grounds is a BBK, you could simultaneously be subject to prosecution under PC 20410 and PC 626.10.
Violating PC 626.10 is deemed a wobbler. If criminally liable for a misdemeanor violation, your punishment will include a county jail term for a maximum of 12 months and court fines. Instead of jail, the judge may grant you informal probation. If found criminally responsible for a felony, your punishment will include time in prison for a maximum of three years and court fines. However, the judge may grant you formal probation instead of sentencing you to time in prison.
PC 21510, Selling, Possessing, or Carrying a Switchblade
California PC 17235 defines a switchblade as a pocket knife containing a blade of two or more inches that closes or folds into the handle and is automatically opened by a spring, a flick of a button, a flip of the wrist, pressure on the handle, or any other mechanical device.
Under PC 21510, buying, carrying, possessing in public, selling, giving away, or owning a switchblade in California is criminal. Particularly if the switchblade contains a blade that is two or more inches long, it is an offense to do the following:
- Possess it in the driver’s or passenger’s area of a vehicle in any public area or area open to the general public
- Expose or offer for sale, sell, transfer, loan, or give it away to any other person
- Carry it on your person
Unlike other knives, which you may carry on your person if openly worn or closed, you may not carry a switchblade at all, even when the blade is not exposed. Put otherwise; switchblade laws do not have the open-carry exception.
Violating PC 21510 is considered a misdemeanor, and a conviction is punishable by up to one thousand U.S. dollars in fines, summary probation, and a maximum of six months in jail.
PC 21310, Carrying a Concealed Dagger or Dirk
Carrying any concealed dagger or dirk is an offense under California PC 21310. According to this law, a dagger or dirk is deemed a knife or resembling instrument, without or with a handguard, able to be utilized as a stabbing weapon and which might inflict death or severe bodily harm. You could carry a dagger or dirk openly in a sheath, but it is criminal to conceal the weapon on you.
Violating PC 21310 is deemed a wobbler violation. The consequences if convicted of a misdemeanor violation include up to twelve months in jail and a maximum of one thousand U.S. dollars in fines. A felony conviction, on the other hand, carries three or two years or sixteen months in incarceration and a maximum of ten thousand U.S. dollars in fines.
PC 24710, Unlawful Acts with a Wallet Gun
Penal Code Section 17330 describes a wallet gun as any firearm enclosed or mounted in a case. Generally, the cases for these firearms resemble a wallet, hence the name. Penal Code Section 24710 is the law regulating these guns. Per this statute, it is an offense if you manufacture or cause the manufacture of, import into California, keep for sale, expose or offer for sale, give away, lend, or possess a wallet gun.
Violating PC Section 24710 is deemed a wobbler crime. If you are found criminally responsible for a misdemeanor violation, you will face a county jail term of up to twelve months and one thousand U.S. dollars in fines. If you are accused and found criminally responsible for a felony, the crime carries a fine of up to ten thousand U.S. dollars and imprisonment for a maximum of three years.
PC, 16590, Prohibited Weapons
Under PC 16590, possessing, selling, or manufacturing particular dangerous weapons is an offense. Since BBKs are listed among these prohibited weapons, the prosecution can file PC 16590 violation charges in addition to or alongside PC 20410. For example, the prosecuting attorney may initially file PC 20410 violation charges. However, upon investigation, they may realize that the weapon in question does not meet the definition of BBK, but it is another type of prohibited weapon. In that case, the prosecution may charge you under PC 16590 in an effort to obtain a conviction.
Violating PC 16590 is deemed a wobbler violation. If you are convicted of committing a misdemeanor, you will face a jail sentence of up to a year and a court fine not exceeding one thousand U.S. dollars. If convicted of a felony, you will face up to ten thousand U.S. dollars in fines and an incarceration period that does not exceed three years.
Defending Against BBK Law Violation Charges
Luckily, you can raise various valid defenses with the help of your attorney to challenge the case against you if you are charged with prohibited activities entailing belt buckle knives. An experienced defense lawyer can successfully have your charges lowered or even dropped. Defenses the lawyer can argue include, without limitation:
Law Enforcement Discovered the Belt Buckle Knife During an Unlawful Search and Seizure
Many charges under this section arise after the police stop defendants and perform some kind of investigation. A police officer cannot search your person or take property if they do not have a valid search warrant. If they do not have a warrant, they should have a legal excuse for lacking one. Therefore, if law enforcement officers found the knife on your property or you after searching you without a warrant, any resulting evidence might be deemed inadmissible in court.
The Knife Involved Does Not Qualify to be Called a Prohibited BBK
PC 16260 gives a specific description of what a belt buckle knife is. So, if, for example, the blade of the knife in question is not two and a half inches, the judge cannot convict you of violating Penal Code Section 20410. Similarly, your lawyer may successfully have your incarceration period lowered on the assertion that even though you engaged in an unlawful act with the knife per PC 20410, the knife itself does not qualify as a prohibited BBK.
You Are Exempt from Criminal Prosecution
As mentioned above, PC 20410 exempts particular groups of people from prosecution, including police force members, museum curators, antique dealers, and experts in martial arts. Therefore, if you fall under these professions, the judge will dismiss your charges, provided you provide sufficient evidence.
You Were Arrested After a Coerced Confession
The legal defense of corced confession will apply where you were accused under PC 20410 after you admitted to committing the crime. Under California statute, law enforcement officers may not apply overbearing means to force a confession from a suspect. If you can establish that the law enforcement officers coerced you into confessing, the judge might exclude the obtained confession from admissible evidence or drop the case altogether if you were pressured into admitting an offense you did not commit.
The Police Did Not Have Probable Cause to Arrest You
The Fourth Amendment to the United States Constitution states that law enforcement officers must possess probable cause before detaining or arresting a suspect for an offense. If the police arrested or stopped you for violating Penal Code Section 20410 and did not have probable cause, the judge should strike off from the case any evidence acquired after the improper arrest or stop.The exclusion may lead to reduced charges or dismissal of your case altogether.
Hiring an attorney in the early stages of the criminal process is significant to the outcome of your case. For example, via pre-filing negotiations with the prosecuting attorney and the police detectives, your lawyer may successfully persuade them not to bring formal criminal charges. Put otherwise, they would not file charges to begin with, which is known as a D.A. reject.
Find an Experienced Gun Crimes Lawyer Near Me
Do not wait to obtain the legal assistance you need if you have been charged in San Diego for violating PC 20410. We at the Law Offices of Anna R. Yum are readily available to help you. We know that California prosecutors prosecute charges related to BBK aggressively, and we will put our knowledge of the law and experience to work to ensure you obtain the best possible outcome.
Do not attempt to navigate the criminal process alone since you will need the most effective defense. Call us at 619-493-3461 for a free consultation and case evaluation. We will analyze every aspect of your case, answer your concerns and questions, and counsel you on how to proceed..
