California Penal Code 20310 PC is the California statute that makes it a crime for a person to make, import, sell, give, or possess an “air gauge knife,” or “AGK.”
An air gauge knife is an object that:
- looks like or resembles an air gauge; and,
- has a knife concealed inside it.
20310 PC states that “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 air gauge knife is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 .”
Examples
- Patel has an air gauge knife and he gives it to his friend Lucy.
- Lucy takes the AGK from Patel and stores it in her garage.
- Marco buys an air gun knife in Oregon, puts it in his car, and drives into California.
Luckily, there are several legal defenses that a person can raise if accused under this section. These include showing that an accused party:
- did not have an “AGK;”
- is free from prosecution; and/or,
- acted out of necessity.
Penalties
A violation of PC 20310 is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony.
Either charge is punishable by:
- imprisonment in the county jail; and/or,
- a significant fine.
Our California criminal defense attorneys will highlight the following in this article:
- 1. The legal definition of an air gauge knife and what is prohibited
- 2. Legal defenses
- 3. Penalties, punishment, and sentencing
- 4. Related offenses
An air gauge knife looks like or resembles an air gauge; and, has a knife concealed inside it.
1. The legal definition of an air gauge knife and what is prohibited
California Penal Code 20310 is California’s statute that makes it a crime for a person to make, import, sell, give, or possess an AGK.1
According to California Penal Code 16140, an “AGK” is an object that:
- looks like or resembles an air gauge; and,
- has a knife concealed inside it.2
Please note that AGKs are also prohibited under California Penal Code 16590, or California’s statute on generally prohibited weapons.3
2. Legal Defenses
A person accused under Penal Code 20310 can challenge the accusation by raising a legal defense.
Three common defenses are:
- no “air gauge knife;”
- free from prosecution; and/or,
- necessity
2.1 No air gauge knife
Please recall that Penal Code 16140 provides a specific definition of what an AGK is. This means that it is a valid legal defense for an accused to say that while he may have committed an illegal act under PC 20310, he did so with an object that was not a “air gauge knife.”
2.2 Free from prosecution
Please note that certain people are free from prosecution for committing certain acts with an AGK. For example, members of law enforcement agencies may sell, transfer, or possess these weapons. It is a defense, therefore, for a defendant to show that he falls into one of these exempted categories.
2.3 Necessity
Under a necessity defense, a defendant essentially tries to avoid guilt by showing that he had a sufficiently good reason to commit the crime.4 In the context of an illegal act with an air gauge knife, an accused could attempt to show that he committed a crime since he had no other choice (e.g., because of an emergency).
Getting caught with an air gauge knife can result in a fine and/or jail time.
3. Penalties, Punishment, and Sentencing
A violation of PC 20310 is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the crime is punishable by:
- imprisonment in the county jail for up to one year; and/or,
- a maximum fine of $1,000.5
If a PC 24410 violation is charged as a felony, the offense is punishable by:
- imprisonment in a county jail for up to three years; and/or,
- a maximum fine of $10,000.6
4. Related Offenses
There are three crimes related to illegal acts with AGKs. These are:
- illegal acts with ballistic knives – PC 21110;
- illegal acts with belt buckle knives – PC 20410; and,
- illegal acts with a cane gun – PC 24410.
Illegal acts with ballistic knives – PC 21110
California Penal Code 21110 PC is California’s statute that makes it a crime for a person to make, import, sell, give, or possess a ballistic knife.
A violation of PC 21110 is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony depending on the facts of a case.
Either charge is punishable by:
- imprisonment in the county jail; and/or,
- a significant fine.7
Illegal acts with belt buckle knives – PC 20410
California Penal Code 20410 PC is the California statute that makes it a crime for a person to make, import, sell, give, or possess a belt buckle knife.
A violation of PC 20410 is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony depending on the facts of a case.
Either charge is punishable by:
- imprisonment in the county jail; and/or,
- a significant fine.8
Illegal acts with a cane gun – PC 24410
California Penal Code 24410 PC is the California statute that makes it a crime for a person to make, import, sell, give, or possess a cane gun.
A violation of PC 24410 is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony depending on the facts of a case.
Either charge is punishable by:
- imprisonment in the county jail; and/or,
- a significant fine.9
Legal References:
- California Penal Code 20310 PC.
- California Penal Code 16140 PC.
- California Penal Code 16590(a) PC.
- See, e.g., Judicial Council of California Criminal Jury Instructions (“CALCRIM”) 3403.
- California Penal Code 20310 PC.
- See same. See also California Penal Code 1170(h) PC.
- California Penal Code 21110 PC.
- California Penal Code 20410 PC.
- California Penal Code 24410 PC.