Penal Code 20410 PC – Belt Buckle Knives – California Law

California Penal Code 20410 PC prohibits you from manufacturing, importing, selling, giving away, or possessing a belt buckle knife. This is defined as “a knife that is made an integral part of a belt buckle and consists of a blade with a length of at least two and one-half inches.”

Examples of illegal acts under PC 20410 include:

• Robert purchases a belt buckle knife in Oregon, puts it in his car, and drives into California.
• Luis agrees to store his girlfriend’s BBK in his apartment.
• Chantel makes a BBK out of scrap metal.

Luckily, there are several legal defenses that a person can raise if accused of a crime under Penal Code 20410. These include showing that an accused party:

• did not have a “belt buckle knife;”
• is free from prosecution; and/or,
• was arrested after a coerced confession.

Penalties

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.

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.

If charged as a felony, the offense is punishable by:

• imprisonment in the county jail for up to three years; and/or,
• a maximum fine of $10,000.

Our California criminal defense attorneys will highlight the following in this article:

• 1. Are belt buckle knives illegal in California?
• 2. How do I fight a Penal Code 20410 case?
  • 2.1. No “belt buckle knife”
  • 2.2. Free from prosecution
  • 2.3. Coerced confession
• 3. Penalties, punishment, and sentencing
• 4. Related offenses

1. Are belt buckle knives illegal in California?

California Penal Code 20410 is California’s statute governing belt buckle knives. According to this code section, it is a crime if any person does the following with a BBK:

• manufactures or makes one,
• imports one into California,
• sells, gives, or lends one, and/or
• possesses one.¹

California Penal Code 16260 says that a “belt buckle knife” is:

“a knife that is made an integral part of a belt buckle and consists of a blade with a length of at least two and one-half inches.”²

BBKs are also prohibited under California Penal Code 16590, or California’s statute on generally prohibited weapons. This statute lists several weapons/objects that are generally prohibited in the State of California. Belt buckle knives are one such type of weapon, specifically banned under PC 16590(d).³

Examples of other prohibited weapons include:

• concealed daggers;
• wallet guns; and,
• metal knuckles.⁴

2. How do I fight a Penal Code 20410 case?

A person accused under Penal Code 20410 can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed. Please note, though, that it is critical for an accused to hire a criminal defense attorney to get the most effective defense.

Three common defenses to PC 20410 accusations are:

1. no “belt buckle knife;”
2. free from prosecution; and/or,
3. coerced confession

2.1. No BBK

Please recall that Penal Code 16260 provides a specific definition of what a BBK is. This means it is a valid legal defense for an accused to say that while he may have committed an illegal act under PC 20410, he did so with a weapon that was not a “belt buckle knife.”

2.2. Free from prosecution

Please note that certain people are free from prosecution for committing certain acts with a belt buckle knife. For example, members of law enforcement agencies may sell, transfer, or possess BBKs. The same holds true for some antique dealers. Therefore, it is a defense for a defendant to show that he falls into one of these exempted categories.

2.3. Coerced confession

This defense applies to the situation where a defendant was charged under Penal Code 20410 following a confession.

California law states that police may not use overbearing measures to coerce a confession.

If a party can show that the police coerced him into a confession, then:

1. the judge may exclude the confession from evidence; or,
2. the case could get dropped altogether if the party got pressured into confessing to a crime he didn’t commit.

3. Penalties, Punishment, and Sentencing

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.

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

Please note that a judge may order a defendant to misdemeanor probation in lieu of jail time. This is also called “summary” or “informal” probation.

If a PC 24710 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

Note that in lieu of jail time a judge may order a defendant to felony probation.

4. Related Offenses

There are three crimes related to illegal acts with belt buckle knives. These are:

1. illegal acts with wallet guns – PC 24710;
2. possession of a bump stock – PC 32900; and,
3. carrying a concealed dirk or dagger – PC 21310.

Illegal acts with wallet guns – PC 24710

California Penal Code 17330 defines a “wallet gun” as any firearm mounted or enclosed in a case.⁷ The case for these guns typically resembles a wallet, thus the name.

California Penal Code 24710 is California’s statute governing these firearms. According to this code section, it is a crime if any person:

“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 wallet gun…”⁸

A violation of PC 24710 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.

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 $1,000.⁹

If a PC 24710 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 $10,000.¹⁰

Possession of a bump stock – PC 32900

“Bump stocks” — also known as “multi-burst trigger activators” — are gun accessories that increase the rate at which semiautomatic rifles fire.¹¹ Bump stocks are illegal in California under Penal Code 32900.

In particular, PC 32900 makes it illegal to possess, manufacture, import or sell a bump stock.¹²

A violation of this code section can be charged as either a misdemeanor or a felony, in the prosecutor’s discretion.

As a misdemeanor, the penalty for possession of a bump stock is up to one year in county jail.¹³

Felony possession of a bump stock in California can be punished by 16 months to three years in jail.¹⁴

Carrying a concealed dirk or dagger – PC 21310

It is a crime in California, per California Penal Code 21310, for a person to carry a concealed dirk or dagger.

Under Penal Code 16470, a “dirk or dagger” is:

• a knife or other instrument,
• with or without a hand guard,
• that is capable of being used as a stabbing weapon, and
• that may inflict a significant or substantial physical injury or death.¹⁵

Carrying a concealed dirk or dagger is a wobbler, meaning it can be filed as either a misdemeanor or a felony.

As a misdemeanor, it is punishable by:

• up to one year in county jail, and/or
• up to a $1,000 fine.

As a felony, it is punishable by:

• 16 months, or two or three years in county jail, and/or
• up to a $10,000 fine.¹⁶

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