California Penal Code 33215 PC is the statute that prohibits making, importing, possessing, giving, lending, or offering for sale short-barreled rifles or sawed-off shotguns. This crime can be a misdemeanor or a felony carrying up to three years in jail.
However, it may be possible to get your criminal charges reduced or dismissed. In this article, our California criminal defense attorneys discuss:
- 1. What are short-barreled rifles and sawed-off shotguns?
- 2. Can I possess them in California?
- 3. What are the penalties for violating PC 33215?
- 4. How do I fight the charges?
- 5. Are short-barreled rifles and shotguns “generally prohibited weapons”?
- 6. Related offenses
1. What are short-barreled rifles and sawed-off shotguns?
California Penal Code 17170 PC defines a short-barreled rifle as a rifle having either:
- A barrel or barrels of less than 16 inches in length; or,
- An overall length of less than 26 inches.1
California Penal Code 17180 PC defines a “short-barreled shotgun” as one having either:
- A barrel or barrels of less than 18 inches in length; or,
- An overall length of less than 26 inches.
A short-barreled shotgun is also referred to as a sawed-off shotgun.2
2. Can I possess them in California?
No. PC 33215 makes it a crime when 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 short-barreled rifle or short-barreled shotgun.
As to possession, California courts have ruled that a person can be guilty of this crime even if the rifle or shotgun is broken down into component parts provided that it can be quickly assembled.3
Exemptions
Some people who may be allowed to lawfully possess short-barreled rifles and sawed-off shotguns include the following:
- Active-duty law enforcement officers in the course of their official duties in some circumstances.
- People with current and valid California Department of Justice permits, which the DOJ may issue for “good cause” as long as it will not “endanger the public safety.” (These special permits last for a year but may be renewed as long as the permittee follows all applicable rules.)4
- Active-duty military personnel as part of their service.
- Licensed antique dealers/collectors with current and valid federal firearms licenses.
Note that people exempt from PC 33215 are required to register their short-barreled rifles and sawed-off shotguns with the California DOJ and follow all applicable federal and state laws.
3. What are the penalties for violating PC 33215?
A violation of Penal Code 33215 PC is a wobbler offense, meaning that it can be charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the crime is punishable by up to one year in county jail and/or $1,000.
If charged as a felony, the crime carries up to $10,000 and a county jail term of:
- 16 months,
- Two years, or
- Three years.5
4. How do I fight the charges?
Here at Shouse Law Group, we have represented literally thousands of people charged with weapons crimes. In our experience, four effective defenses to PC 33215 charges are the following:
- You did not know the weapon was a short-barreled rifle or sawed-off shotgun. In short, you did not intentionally violate the law.
- The firearms were not measured accurately. The police may have made a mistake when measuring the weapons, and in fact they did not meet the legal definition of being short-barreled.
- You fell under a lawful exemption. For example if you are a police officer or a licensed antique firearms dealer, you may be able to possess these weapons legally.
- The police found the weapons through an illegal search and seizure. If we can convince the judge that law enforcement violated your Fourth Amendment rights, the judge can suppress any evidence that the police found through unlawful means. This may leave the D.A. with too little proof to convict you and may force them to dismiss your charges.
5. Are short-barreled rifles and shotguns “generally prohibited weapons”?
Yes. California Penal Code 16590 is the statute governing “generally prohibited weapons,” which includes short-barreled rifles and sawed-off shotguns. Examples of other generally prohibited weapons include:
Note that conventional pistols, revolvers, long rifles, and long shotguns can still be legally owned by most adults in California, subject to certain restrictions.
Short-barreled rifles and sawed-off shotguns are prohibited in California.
6. Related offenses
- Penal Code 417 PC – brandishing a weapon
- Penal Code 417.6 PC – brandishing a firearm causing injury
- Penal Code 12022.3 PC – using a firearm in a sex crime
- Penal Code 12022.4 PC – aiding or abetting a felony with a firearm
- Penal Code 17500 PC – possessing a deadly weapon to assault
- Penal Code 23900 PC – altering firearm identification number
- Penal Code 25400 PC – carrying a concealed firearm
- Penal Code 25850 PC – carrying a loaded firearm
- Penal Code 29800 PC – being a felon with a firearm
- Penal Code 30210 PC – having bullets with an explosive agent
- Penal Code 30305(a)(1) PC – being a felon with ammunition
- Penal Code 30315 PC – having armor-piercing bullets
- Penal Code 30600 PC – having assault weapons
- Penal Code 30610 PC – possessing a .50 BMG rifle
- Penal Code 32310 PC – having large capacity magazines
Legal References
- California Penal Code 17170 PC.
- California Penal Code 17180 PC.
- People v. Guyette (Cal. App. 5th Dist. 1964) 231 Cal. App. 2d 460. See also People v. Azevedo (Cal. App. 4th Dist. 1984) 161 Cal. App. 3d 235.
- California Penal Code 33300 PC.
- California Penal Code 33215 PC.
- California Penal Code 16590 PC.