California Penal Code §24410 — Manufacture, Import, Sale, or Possession of Cane Gun
PC §24410 makes it a FELONY (straight felony, not wobbler) to manufacture, import into California, keep for sale, offer or expose for sale, give, lend, or POSSESS any CANE GUN — a firearm concealed within a walking cane or crutch as defined in PC §16330. Felony exposure of 16 months, 2, or 3 years county jail under PC §1170(h). Cane guns are among the most severely regulated disguised firearms in California, alongside wallet guns (§24710), zip guns (§30210), and undetectable firearms (§22910).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Manufacture, Import, Sale, or Possession of Cane Gun Cases in All LA County Courts
01 — Quick Facts
PC §24410 — Manufacture, Import, Sale, or Possession of Cane Gun at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §24410 — Manufacture, Import, Sale, or Possession of Cane Gun |
| Code Type | Penal Code (PC) |
| Classification | Straight Felony (§1170(h)) |
| Felony Penalty | 16 months, 2, or 3 years county jail (§1170(h)) |
| §17(b) Reduction | UNAVAILABLE — straight felony |
| Controlling Definition | PC §16330 — cane gun defined as any firearm mounted or concealed in a stick, staff, rod, crutch, or similar device from which a projectile may be fired |
| Mens Rea Standard | General intent (Rubalcava) + In re Jorge M. knowledge gloss |
| Firearm Rights | §29805 10-yr (misdo) / §29800 lifetime + §922(g)(1) (felony) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §24410?
What Is California Penal Code §24410?
PC §24410 Reads:
"California Penal Code §24410 prohibits the manufacture, importation, keeping for sale, offering or exposing for sale, giving, lending, or possession of any item within its scope. Penalty tracks the wobbler / felony structure under PC §1170(h)."
— California Penal Code §24410 (paraphrased)
PC §24410 — Manufacture, Import, Sale, or Possession of Cane Gun — is part of California's weapons-regulation framework. It is prosecuted by the LA County District Attorney and, where applicable, the U.S. Attorney's Office. The controlling definition is PC §16330 — cane gun defined as any firearm mounted or concealed in a stick, staff, rod, crutch, or similar device from which a projectile may be fired. The general-intent mens rea standard from People v. Rubalcava (2000) 23 Cal.4th 322 applies; In re Jorge M. (2000) 23 Cal.4th 866 supplies the knowledge-of-character gloss.
Statutory Definition — PC §16330
The §24410 definition is the pivotal element in every prosecution. Rubin Law, P.C. defends by challenging the definition at preliminary hearing (§995 dismissal), litigating Fourth Amendment suppression (§1538.5), and negotiating §17(b) wobbler reduction or §1170(h) split sentencing.
Item Within §24410 Definition
Full statutory exposure — straight felony 16m/2/3
Item Outside §24410 Definition
Case dismissed — no §24410 violation.
Why the §24410 Definition Drives Defense
The §16330 definition, exemptions for antiques under §16170, and Fourth Amendment suppression drive these cases.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §24410
The prosecution must prove each of the following beyond a reasonable doubt.
Instrument Is a Cane Gun Under §16330
Firearm mounted or concealed in a stick, staff, rod, crutch, or similar walking-assistance device, capable of firing a projectile.
Prohibited Conduct
Manufacture, import, keep for sale, offer/expose for sale, give, lend, or possess.
Knowing Possession
Defendant knew of the cane gun's presence and its firearm character.
04 — Penalties
Penalties for PC §24410 Manufacture, Import, Sale, or Possession of Cane Gun in California
§24410 is a STRAIGHT felony under PC §1170(h) with no §17(b) reduction path.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Felony §24410 | PC §24410 | 16 months, 2, or 3 years county jail (§1170(h)) | Available | No |
| Concurrent §29800(a)(1) | PC §29800(a)(1) | 16 months, 2, or 3 years — if prior felony | Rare | No |
| Concurrent §245(a)(1) if used offensively | PC §245(a)(1) | Up to 4 years — strike | Available | Yes |
| Gang Enhancement | PC §186.22(b) | Adds 2, 3, or 4 years | Rare | Yes |
Enhancements That Increase §24410 Exposure
School Grounds
PC §626.10 / §626.9
Weapon on school grounds — separate wobbler or felony exposure up to 5 years.
Courthouse / Airport
PC §171b / 49 USC §46505
Weapon in courthouse or airport — separate state wobbler and federal 10-year exposure.
Gang Predicate
PC §186.22(b)
Adds 2-4 years and converts to strike.
Prior Convictions
PC §667.5(b)
Prior prison priors support enhanced sentencing on felony filing.
Offensive Use
PC §245(a)(1)
Weapon used offensively supports felony assault + strike.
Beyond the Sentence
- Weapon forfeiture and destruction
- PC §29805 10-year firearm prohibition on misdemeanor conviction; §29800 lifetime prohibition on felony conviction
- Federal 18 USC §922(g) firearm prohibition on felony conviction
- Immigration consequences under 8 USC §1227(a)(2)(C) on felony weapons conviction — case-specific analysis
- Employment and professional-license consequences
- TSA / travel disclosure consequences
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §24410 Manufacture, Import, Sale, or Possession of Cane Gun Charges
§24410 defenses focus on statutory-definition challenges, mens rea, and Fourth Amendment suppression.
Statutory Definition Challenge
Prosecution must prove the item meets the specific statutory definition (PC §16330 — cane gun defined as any firearm mounted or concealed in a stick, staff, rod, crutch, or similar device from which a projectile may be fired). Case-specific expert-witness examination frequently defeats the classification.
PC §24410
No Knowing Possession
In re Jorge M. and constructive-possession case law — item planted, borrowed jacket, shared vehicle, or third party's bag. Defendant lacked knowledge of item's presence or character.
In re Jorge M.
Constructive-Possession Defense
Shared vehicle, third-party bag, roommate's property. People v. Sifuentes constructive-possession analysis.
People v. Sifuentes
Fourth Amendment Suppression
Warrantless search, Terry-stop overreach, Rodriguez prolongation, pretextual search of vehicle or bag. PC §1538.5 motion to suppress.
PC §1538.5
Statutory Exemption
Licensed dealer, manufacturer, law enforcement, antique / museum, or common-carrier exemption where applicable to the specific weapon.
Statutory Exemption
Functionality / Inert Item
Item is non-functional, inert, novelty, or replica lacking statutory operational characteristics. Expert-witness examination.
PC §24410
PC §1170(h) Alternatives
Straight felony §1170(h) filing — negotiate for probation, county jail split sentencing, or reduction to concurrent misdemeanor filings on lesser-included offenses.
PC §1170(h)
Constitutional Sources
07 — Court Process
How PC §24410 Manufacture, Import, Sale, or Possession of Cane Gun Cases Move Through Los Angeles Courts
§24410 cases follow the weapons-prosecution track with heavy motion practice.
- 1
Step 1 — Police Encounter
Cases arise from traffic stops with pat-down, probation searches, TSA / courthouse screening, and consent searches of vehicle or residence.
- 2
Step 2 — Instrument / Firearm Examination
LAPD SID / LASD firearms unit inspects the item and confirms statutory-definition elements. Expert reports frequently disputed at preliminary hearing.
- 3
Step 3 — Filing Decision
DA files straight §1170(h) felony; negotiation focuses on probation vs. custody split.
- 4
Step 4 — Motion Practice
PC §1538.5 suppression, §995 dismissal on statutory-definition defense, In re Jorge M. mens-rea challenges, and (where applicable) §17(b) wobbler reduction.
- 5
Step 5 — Preliminary Hearing
Statutory-definition testimony, possession-knowledge testimony, and Fourth Amendment record all litigated at prelim.
- 6
Step 6 — Resolution
Dismissal on definition defense, probation plea with §1170(h) split, or trial.
Los Angeles Courts That Handle PC §24410 Manufacture, Import, Sale, or Possession of Cane Gun Cases
§24410 cases are prosecuted at LA County criminal courthouses.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Manufacture, Import, Sale, or Possession of Cane Gun Defense Attorney
Daniel S. Rubin has defended clients charged with manufacture, import, sale, or possession of cane gun and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §24410 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Manufacture, Import, Sale, or Possession of Cane Gun Cases Throughout LA County
See our full Manufacture, Import, Sale, or Possession of Cane Gun defense practice
09 — FAQs
PC §24410 Manufacture, Import, Sale, or Possession of Cane Gun Questions — Los Angeles
What is the penalty for PC §24410?
PC §24410 is a STRAIGHT FELONY. Exposure is 16 months, 2, or 3 years county jail under PC §1170(h). No misdemeanor track; §17(b) reduction is unavailable. Negotiation focuses on probation, split sentencing, or dismissal on statutory-definition defense.
What is the statutory definition for PC §24410?
The controlling definition is PC §16330 — cane gun defined as any firearm mounted or concealed in a stick, staff, rod, crutch, or similar device from which a projectile may be fired. The specific-item definition is the single most important element — case-specific expert-witness examination frequently defeats prosecution's classification.
Does §24410 require intent to use the item as a weapon?
No. California weapons-possession statutes are general-intent crimes. People v. Rubalcava (2000) 23 Cal.4th 322 (§21310) and its progeny hold the prosecution need only prove knowing possession. Some mens-rea gloss under In re Jorge M. (knowledge of the item's character) survives.
What counts as 'possession' under §24410?
Actual or constructive possession. Actual possession = item on person or in immediate control. Constructive possession = dominion and control over the location where the item was found, with knowledge of its presence. People v. Sifuentes constructive-possession analysis applies.
Are there statutory exemptions for §24410?
Yes — licensed dealer / manufacturer / importer, law enforcement, and (for certain items) antique / museum / common-carrier exemptions apply. Exemption analysis is item-specific and requires careful review of the applicable prohibitory statute and its cross-referenced exemption sections.
Can §24410 be resolved without a felony conviction?
On straight-felony §24410 filings, resolution without felony conviction requires dismissal on statutory-definition defense, §1385 dismissal in furtherance of justice, or negotiated plea to a lesser-included misdemeanor on a different code section.
What are the immigration consequences of a §24410 conviction?
A felony weapons conviction may qualify as an aggravated felony under 8 USC §1101(a)(43)(E) and trigger removability under 8 USC §1227(a)(2)(C). Non-citizen defendants should confirm status-specific consequences under Padilla v. Kentucky before entering any plea.
What are the firearm-rights consequences of a §24410 conviction?
Misdemeanor conviction triggers a 10-year California firearm prohibition under PC §29805. Felony conviction triggers a LIFETIME California firearm prohibition under PC §29800 and a federal firearm prohibition under 18 USC §922(g)(1). PC §17(b) reduction and PC §1203.4 dismissal do NOT restore federal firearm rights.
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Charged Under PC §24410 Cane Gun?
The §16330 definition, exemptions for antiques under §16170, and Fourth Amendment suppression drive these cases. Call Rubin Law, P.C. — free consult (213) 723-2337.