What Actions Criminalize Under Penal Code 20410 PC??
Pursuant to Penal Code 20410 PC it is unlawful to:
- manufacture any belt buckle knives;
- causes manufacturing;
- import any belt buckle knife;
- sell belt buckle knives;
- give or lend any belt buckle knife; or
- posses any bely buckle knife
Examples of Violating Penal Code 20410
Let’s examine the following scenario: Your friend gives his belt buckle knife to you in order to keep it in your house for 4 days. You are aware of what the instrument it is. Since, you knowingly agree to keep the belt buckle knife, this means that the item is in your possession and that you have control over it. Thus, authorities may charge you under Penal Code section 20410 PC.
Description of Belt Buckle Knife
California law prohibits weapons such as wallet guns, firearms mounted or enclosed in a case, lipstick case knives, knives in lipstick cases, and belt buckle knives. Under the above-mentioned section, a belt buckle knife is ” a knife, which is an integral part of a belt buckle and consists of a blade with a length of at least two and one-half inches. Generally, the law allows certain people, such as law enforcement officers or antique dealers, to possess belt buckle knives.
What are the Penalties for a Penal Code 20410 Conviction?
The offense is a wobbler, meaning prosecutors can charge it as either a felony or a misdemeanor, depending on the case facts and the defendant’s criminal history.
What are the Penalties for a Misdemeanor Penal Code 20410 Conviction?
Penalties for a misdemeanor Penal Code 20410 conviction are:
- imprisonment in a county jail for a term up to 1 year; and/ or
- a maximum fine of $1000.
What are the Penalties for a Felony Penal Code 20410 Conviction?
Penalties for a felony Penal code 20410 conviction are:
- Imprisonment in a county jail for a term up to 3 years; and/ or
- a maximum fine in the amount of $10,000
California Belt Buckle Knives Defense Attorney
If you or a loved one has been charged with violation of Penal Code section 20410 belt buckle knives, we invite you to contact KAASS LAW firm at (310) 943-1171 for a free consultation on your case and further assistance.
Possible Defenses Under Penal Code 20410 PC.
1. You Did Not Know You Were In Possession of a Buck Knife
One of the most common defenses is lack of intent. For example, if the knife was built into a belt that was given to you and you were unaware of the presence of the blade. This could be grounds for dismissal of the charges. Under California law, intentional possession of a prohibited object is a required element of the crime. Thus, lack of knowledge of the nature of the object may be an effective line of defense.
2. You Are an Exception to the Law
Certain categories of citizens, such as:
- sworn law enforcement officers
- antique dealers
- persons authorized to possess certain weapons for educational or display purposes
May not be covered by this article. It is important to provide proof of your membership in one of these categories if you wish to use it as a defense.
3. Item Does Not Meet the Definition of a Switchblade Knife
In order for an item to qualify as a switchblade, it must be part of a belt buckle and contain a blade that is at least two and a half inches in length. If the blade is shorter or the design is not integrated with the buckle, then the item does not meet the legal definition. The defense may be based on a technical examination of the article and its failure to meet the statutory definition.
Related Offenses
1. California Penal Code 21510 PC – Throwing Knife (Switchblade)
This statute prohibits:
- possession
- sale
- carry
Knives that open automatically by pressing a button or lever. Like a buckle knife, an ejector knife is considered a concealed and potentially dangerous weapon. A violation can also be classified as a misdemeanor with a penalty of up to one year in jail.
2. California Penal Code 20200 PC – Open Carry Exceptions
Certain knives are permitted as long as they are carried openly, in a sheath on a belt. However, this rule excludes belt sheath knives, since the law defines them as concealed.
3. Legal Consequences of a Conviction under Article 20410 PC
In addition to jail time and fines, a conviction under Article 20410 may have other legal and social consequences. Courts may consider your criminal record in future cases. A criminal record can also affect:
- gun ownership
- professional licenses
- immigration status if you are not a U.S. citizen.
It is important to discuss all possible consequences with an experienced attorney.
Contact The KAASS LAW Law Firm
If you have been charged with a violation of California Penal Code 20410 PC, we strongly recommend that you consult with a qualified attorney. Contact KAASS LAW at (310) 943-1171 for a free consultation and analysis of your case. Our offices are located in Glendale and Los Angeles. We speak English, Russian, Armenian, Spanish, and French.