Zip Guns in California: What They Are and Are They Illegal?

What is a Zip Gun?

According to Wikipedia, Zip guns are typically rudimentary, homemade firearms made from basic materials, consisting of a barrel, breechblock, and firing mechanism [1].

For low-pressure cartridges, such as .22 caliber rimfire, thin-walled tubing can serve as a barrel, often attached to a wooden handle, with a rubber band powering the firing pin. These crude designs can be highly dangerous to the shooter due to the risk of the barrel bursting and offer poor accuracy.

The better designs use heavier pipes and spring loaded trigger mechanisms. Larger zip guns, such as homemade shotguns called tumbera (Argentina), bakakuk (Malaysia), or sumpak (Philippines) are also made of improvised materials like nails, steel pipes, wooden pieces, bits of string, etc

Zip Guns and California Law

According to EGA, in California, zip guns are illegal under Penal Code 33600 PC, which makes it a crime to manufacture, import, sell, give, lend, or possess a zip gun [2]. Violating this law can result in either misdemeanor or felony charges, depending on the specifics of the case.

Penal Code 33600 explicitly states that anyone who manufactures, imports, keeps for sale, offers for sale, gives, lends, or possesses a zip gun in California may face imprisonment of up to one year in county jail or imprisonment under Section 1170(h).

As with similar offenses, California law stipulates that specific individuals are exempt from prosecution under PC 33600 firearms offenses. Such exceptions include, but are not limited to members of law enforcement and authorized military personnel, and certain licensed antique dealers

Penalties for Violating Zip Gun Laws in California

According to SCLG, violating Penal Code 33600 is a wobbler offense in California, meaning it can be prosecuted as either a misdemeanor or a felony [3]. If charged as a misdemeanor, the offense is punishable by up to one year in county jail. If charged as a felony, the penalties are determined under California Penal Code 1170(h), which may result in a county jail sentence of 16 months, two years, or three years.

In addition to potential jail time, a conviction under PC 33600 can also result in a fine ranging from $1,000 to $10,000. Zip guns are further classified as generally prohibited weapons under Penal Code 16590 PC, which includes a variety of banned items in California, such as concealed dirks or daggers, belt buckle knives, and metal knuckles.

Certain people and/or situations are exempt from prosecution for possessing a zip gun and other prohibited weapons. For example, members of law enforcement agencies may sell, transfer, or possess zip guns. The same holds true for some antique dealers

Defenses Against a Zip Gun Possession Charge

If you’re facing charges under PC 33600 in California, securing legal assistance is crucial. A skilled criminal defense lawyer can help by arguing the following defenses:

You Were Legally Permitted to Possess a Zip Gun
Certain individuals in California, such as law enforcement officers or those employed by historical societies, may have legal permission to handle zip guns. If you fall into one of these categories, inform your lawyer to help build your defense.

You Did Not Possess a Zip Gun
False accusations of zip gun possession can occur. If you were wrongfully accused of possessing a zip gun, your attorney can work to prove that you never had such a weapon in your possession.

You Were Subjected to an Illegal Search
Sometimes, law enforcement officers overstep their legal authority during searches. If your rights were violated during an unlawful search, any evidence obtained, including a zip gun, could be deemed inadmissible in court, potentially leading to a dismissal of the charges.

Related Articles:

• Steps to Register an Unregistered Gun in California
• Are Butterfly Knives Illegal in California?
• California Assault Weapon

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References:
1. https://en.wikipedia.org/wiki/Improvised_firearm
2. https://www.egattorneys.com/zip-gun-penal-code-33600
3. https://www.shouselaw.com/ca/defense/penal-code/33600/