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The Risks of Wallet Guns: Legality in California and Beyond

A wallet gun is a firearm designed to be concealed within a wallet-like casing, allowing it to be discreetly carried and fired without being removed from the case. In California, wallet guns are classified as concealed firearms and are generally illegal to possess without a specific permit, as they fall under the category of unconventional pistols regulated by state law. Owning or carrying such a weapon without proper authorization can result in severe legal penalties.
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Collen Clark Published by Collen Clark

What is a Wallet Gun?

According to Federal Lawyers, wallet guns refer to ultra-compact pistols specifically designed for concealed carry in wallets, purses, or pockets [1]. These firearms, which can include derringers, mini-revolvers, and folding semi-automatics, typically measure less than 6 inches in length and weigh under 1 pound.

Notable wallet gun models include:

  • North American Arms mini-revolvers
  • Beretta Jetfire .25 ACP pistols
  • Seecamp .32 ACP pistols
  • Rohrbaugh R9 9mm pistols

Folding pocket pistols, commonly called wallet guns, offer a unique form of concealed carry. Small enough to fit inside a wallet or purse, these miniature firearms prioritize portability and discretion over power. But with great compactness comes great responsibility. Wallet guns demand careful handling and situational awareness to deploy safely.

Also Read: Undetectable Firearms in California

Criminal Charges Associated with Wallet Guns

Penal Code 17730 defines what constitutes wallet guns, while Penal Code 24710 is used to prosecute individuals for their misuse in California.

Under PC 24710, charges can be brought against individuals accused of:

  • Possessing wallet guns
  • Manufacturing wallet guns
  • Importing wallet guns into the state
  • Selling wallet guns
  • Giving or lending wallet guns

Wallet guns are just one type of prohibited weapon in California. Individuals can also face criminal charges for possessing, making, selling, or distributing items like brass knuckles, concealed daggers, and belt buckle knives.

17330 PC states that “As used in this part, “wallet gun” means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if the firearm may be fired while mounted or enclosed in the case.”

What is Penal Code 16590 and “generally prohibited weapons”?

According to SCLG, Penal Code 16590 is California’s law that outlines several weapons classified as generally prohibited within the state, including wallet guns [2].

Other examples of prohibited weapons under this statute are:

  • Ballistic knives
  • Cane guns
  • Metal knuckles
  • Short-barreled rifles
  • Shurikens

Only the weapons explicitly listed in Penal Code 16590 are considered generally prohibited. Conventional firearms like pistols, revolvers, long rifles, long shotguns, and standard ammunition remain legal for most adults in California, with specific restrictions.

Also Read: Are Short-Barreled Rifles and Shotguns Legal in California?

What is banned under Penal Code 16590?

Penal Code 16590 criminalizes certain actions involving generally prohibited weapons, including:

  • Manufacturing or causing to be manufactured
  • Importing into the state
  • Keeping and offering for sale
  • Giving and lending
  • Possessing

It is illegal to possess a generally prohibited weapon, even in private, and even if you have a standard permit to carry a concealed weapon.

Defending Against Weapons Charges in California

Some of the most common defenses that can be used include:

  • Legal Possession and Carrying: You were legally permitted to possess and conceal a firearm, having a valid concealed carry license and no prior loss of gun rights.
  • Self-Defense or Defense of Others: You carried or used the firearm solely to protect yourself or another person from an imminent threat of bodily harm or death, using only the necessary force to avert the danger.
  • No Assault Committed: While you may have had a firearm, you did not intend to use it to harm anyone, nor did you make any threats or attempts to do so.
  • Lack of Knowledge: You were unaware that the firearm was in your possession, possibly because it was planted, or you did not know it was loaded.
  • Police Misconduct: The firearm was discovered due to an illegal search or seizure, or other police misconduct that violated your rights. In such cases, we may seek to have the evidence suppressed, potentially leading to a dismissal of your case.

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References:
1. https://www.federallawyers.com/wallet-gun/
2. https://www.shouselaw.com/ca/blog/criminal-defense/what-is-a-wallet-gun-and-is-it-illegal-in-california/

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