Under Penal Code § 20510 PC, the state of California makes it a crime to manufacture, import, sell, give, or possess a cane sword. By definition, a cane sword is an object that looks like an ordinary cane but has a sword concealed inside of it.
The language of the statute reads:
20510. 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 sword is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
Examples:
- Leslie buys a cane sword outside of California, but then drives it back into the State.
- Julie sells a CS to a neighbor.
- Johan does some online research and makes a CS with some parts purchased at a hardware store.
Luckily, there are several legal defenses that a person can raise if accused of a crime under this section. These include showing that an accused party:
- did not have a “cane sword;”
- is free from prosecution; and/or,
- was arrested after a coerced confession.
Penalties
A violation of PC 20510 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 discuss the following in this article:
- 1. What is a cane sword and is it illegal in California?
- 2. How can I fight a charge under Penal Code 20510 PC?
- 3. What are the penalties?
- 4. Related offenses
Penal Code 20510 PC is the California statute that makes it a crime for a person to make, import, sell, give, or possess a “cane sword,” (“CS”).
1. What is a cane sword and is it illegal in California?
Penal Code 20510 is the California statute that makes it a crime for a person to
- manufacture,
- import,
- sell,
- give, or
- possess a cane sword.1
A “CS” is an object that looks like an ordinary cane but has a concealed sword inside it.2
Please note that cane swords are also prohibited under California Penal Code 16590 PC. This is California’s statute on generally prohibited weapons.3
2. How can I fight a charge under Penal Code 20510 PC?
A person accused under Penal Code 20510 can challenge the accusation by raising a legal defense.
Three common defenses to PC 20510 accusations are:
- no “cane sword;”
- free from prosecution; and/or,
- coerced confession.
2.1. No cane sword
Please recall that Penal Code 16340 provides a specific definition of what a CS 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 20510, he did so with an object that was not a “cane gun.”
2.2. Free from prosecution
Please note that certain people are free from prosecution under Penal Code 20510. 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. Coerced 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:
- the judge may exclude the confession from evidence; or,
- the case could get dropped altogether.
A violation of this crime can result in a fine and/or jail time.
3. What are the penalties?
A violation of PC 20510 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 $1,000.4
If a PC 20510 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 $10,000.5
4. Related Offenses
There are three crimes related to illegal acts with cane swords. These are:
- illegal acts with a shobi-zue – PC 20710;
- illegal acts with a lipstick case knife – PC 20610; and,
- illegal acts with a cane gun – PC 24410.
4.1. Illegal acts with a shobi-zue – PC 20710
Penal Code 20710 PC is the California statute that makes it a crime for a person to make, import, sell, give, or possess a shobi-zue, or a pole with a knife hidden in it.6
A violation of PC 20710 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.7
4.2. Illegal acts with a lipstick case knife – PC 20610
Penal Code 20610 PC is the California statute that makes it a crime for a person to make, import, sell, give, or possess a lipstick case knife.8
A violation of PC 20610 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.9
4.3. Illegal acts with a cane gun – PC 24410
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.”10
A violation of PC 24410 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.11
For further assistance…
Contact us for help.
If you or someone you know has been accused of a crime under Penal Code 20510 PC, we invite you to contact us for a free consultation. We can be reached 24/7.
Legal References:
- California Penal Code 20510 PC.
- California Penal 16340 PC.
- California Penal Code 16590 PC.
- California Penal Code 20510 PC.
- See same. See also California Penal Code 1170(h) PC.
- California Penal Code 20710 PC.
- See same.
- California Penal Code 20610 PC.
- See same.
- California Penal Code 24410 PC.
- See same.