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Legal defenses and penalties for manufacturing, selling, or possessing dangerous weapons

It is generally illegal to manufacture, sell, or possess certain dangerous weapons in California. Some common dangerous weapons include machine guns, silencers, and explosive devices. It is also illegal to sell, manufacture, or possess certain types of knives, such as switchblades and nunchucks, in California.

There are some limited exceptions to these laws. For example, individuals who are licensed to manufacture, sell, or possess dangerous weapons for use in their business or profession may be able to do so legally. Additionally, certain law enforcement and military personnel may be exempt from these laws.

If you are charged with manufacturing, selling, or possessing a dangerous weapon in California (under PC 16590), you may be able to raise a legal defense to the charges. Some common defenses include:

  1. Lack of knowledge: You may be able to argue that you did not know that the item you were manufacturing, selling, or possessing was a dangerous weapon.
  2. Mistake of fact: You may be able to argue that you believed the item was something other than a dangerous weapon. For example, you may have thought it was a replica or a toy.
  3. Necessity: You may be able to argue that you were acting out of necessity to protect yourself or others from imminent harm.
  4. Self-defense: You may be able to argue that you were using the dangerous weapon in self-defense or in defense of others.

It is important to note that these defenses may not be available in all cases, and the specific defenses that are available to you will depend on the facts of your case. If you have been charged with manufacturing, selling, or possessing a dangerous weapon in California, you should speak with a criminal defense attorney to discuss your legal options.

In California (under PC 16590), the legal penalties for manufacturing, selling, or possessing a dangerous weapon depend on the specific circumstances of the case and the type of weapon involved. Some common legal penalties for these offenses include:

  1. Manufacturing, selling, or possessing a machine gun: This is a crime punishable by imprisonment in the state prison for three, five, or seven years.
  2. Manufacturing, selling, or possessing a silencer: This is a crime punishable by imprisonment in the state prison for three, five, or seven years.
  3. Manufacturing, selling, or possessing an explosive device: This is a crime punishable by imprisonment in the state prison for three, five, or seven years.
  4. Selling, manufacturing, or possessing a switchblade knife: This is a crime punishable by imprisonment in the county jail for up to six months and/or a fine of up to $1,000.
  5. Possessing a nunchuck: This is a crime punishable by imprisonment in the county jail for up to six months and/or a fine of up to $1,000.

It is important to note that these are just some examples of the legal penalties for manufacturing, selling, or possessing a dangerous weapon in California. The specific penalties that apply to your case will depend on the specific facts of the case and the applicable state and federal laws. If you have been charged with one of these offenses, you should speak with a criminal defense attorney to discuss your legal options.

Regardless of the classification of the offense, it is important that you seek the assistance of competent legal counsel to help you best understand your legal defense while identifying an outcome that best minimizes your risk. We here at the H Law Group patiently await your call.

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