Penal Code § 24410 PC – Cane Guns – California Law

Penal Code 24410 PC is the California statute that prohibits making, importing, selling, giving, or possessing “cane guns.” This offense can be charged as a misdemeanor or a felony and carries up to 3 years in county jail.

The language of the statute reads as follows:

24410. 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.

A “cane gun” is a type of firearm that is:

• enclosed within an object resembling a walking cane; and,
• can be fired while inside the object.

Examples of illegal acts under PC 24410 include:

• Manuel has a CG and gives it to his friend Sarah.
• Sarah takes the cane gun from Manuel and stores it in her garage.
• Lupe does some research on the internet and makes a CG from items purchased at a hardware store.

Luckily, there are several legal defenses that a person can raise if accused of a crime under Penal Code 24410. These include showing that an accused party:

• did not have a “cane gun;”
• is free from prosecution; and/or,
• was falsely arrested.

Penalties

A violation of PC 22410 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 a cane gun and what is prohibited under Penal Code 24410
• 2. Legal defenses to PC 24410 violations
  • 2.1. No “cane gun”
  • 2.2. Free from prosecution
  • 2.3. False arrest
• 3. Penalties, punishment, and sentencing
• 4. Related offenses
  • 4.1. Illegal acts with a wallet gun – PC 24710
  • 4.2. Illegal acts with a cane sword – PC 20510
  • 4.3. Carrying a concealed weapon – PC 25400

1. California law as to cane guns

Penal Code 24410 is the California statute that makes it a crime for a person to make, import, sell, give, or possess a cane gun.¹

Under California Penal Code 16330 PC, a “cane gun” is a type of firearm that is:

• enclosed within an object resembling a walking cane; and,
• can be fired while inside the object.²

Please note that CGs 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 24410 can challenge the accusation by raising a legal defense.

Three common defenses to PC 24410 accusations are:

1. no “cane gun;”
2. free from prosecution; and/or,
3. false arrest.

2.1. No cane gun

Please recall that Penal Code 16330 provides a specific definition of what a CG 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 24410, 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 24410. 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. False arrest

Police sometimes arrest the wrong person. If a prosecutor cannot prove beyond a reasonable doubt that the defendant is the person who violated PC 24410, then the crime should be dismissed.

3. Penalties, Punishment, and Sentencing

A violation of Penal Code 24410 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:

• custody in the county jail for up to one year; and/or,
• a maximum fine of $1,000.⁴

If a PC 24410 violation is charged as a felony, the offense is punishable by:

• custody 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 guns. These are:

1. illegal acts with wallet guns – PC 24710;
2. illegal acts with a cane sword – PC 20510; and,
3. carrying a concealed weapon – PC 25400.

4.1. Illegal acts with wallet guns – PC 24710

Penal Code 20710 PC is the California statute that makes it a crime for a person to make, import, sell, give, or possess a wallet gun.⁶

A violation of PC 24710 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 cane sword – PC 20510

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.⁸

A violation of PC 20510 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. Carrying a concealed weapon – PC 25400.

California Penal Code 25400 makes it a crime for a person to do certain acts with a concealed weapon.

The prohibited acts are carrying a concealed weapon:

• within a vehicle under a person’s control; or,
• upon one’s person.¹⁰

A violation of PC 25400 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

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