Penal Code 4502 PC is the California statute that makes it a crime for a person to possess or manufacture certain weapons in a penal institution. A violation of this section is a felony. The offense can lead to confinement in state prison for up to four years.

Common examples of weapons that are classified as “firearms” under Penal Code section 12054 PC include, but are not limited to:

1) Any pipe, short sword, ax, hatchet, or another weapon with a blade four or more inches in length or any other weapon with a spring or other device in the weapon or an attachable blade attached to or capable of operating on the weapon, and

2) Any ammunition or a pistol or revolver with a barrel of fewer than eighteen inches in length.

These statutes also include any ammunition or a pistol or revolver that has been modified to disable it from firing, render it inoperable, or extend the modified part’s useful life. So, if an accessory is installed that makes the weapon permanently inoperable, then that accessory is classified as “ammunition.”

These statutes have two other provisions. Under Penal Code section 9.73 PC, when a person is charged with the offense of possessing a firearm, that person’s name will appear on the state’s list of people prohibited from possessing firearms and ammunition. And, under Penal Code section 12022.7, any person who manufactures, imports, or sells a firearm will be guilty of an eight thousand dollar ($8,000.00) class B misdemeanor.

When a person is charged with the crime of manufacturing an illegal weapon under Penal Code section 12050 or possession of an illegal firearm under Penal Code section 12032, the prosecutor must prove that the act was done with the intent to:

1) cause harm to another person or property,

2) defraud a person, or

3) alter the function or effects of an object.

Thus, if a person plans to cause harm to another person but does not cause any harm, the prosecution needs to prove that the person did not possess the intent to cause any harm. And, if a person plans to defraud a person but does not defraud any person, the prosecution need only prove that the person did not possess the intent to defraud any person.

If a person possesses an object that was not possessed with the intent to cause harm, defraud, or alter the function of any object, then the person will be guilty of an infraction. If the person possesses the thing with the intent to cause any harm, defraud, or alter the function of any object, then the person will be guilty of a misdemeanor.

It is important to understand that even if there is a reasonable explanation for possessing a weapon, defacement, or alteration of an object, the person may still be guilty of an infraction or a misdemeanor. These charges are usually filed as an additional charge under Penal Code section 1203.4 PC. The only defense that a person may have is to show that the person possessed the object with the person’s consent whose property was defaced, altered, or destroyed.