California Penal Code §20510 — Blowgun
PC §20510 makes it a misdemeanor to manufacture, sell, offer for sale, possess, or use a blowgun or blowgun ammunition in California. Punishable by up to 6 months in county jail and/or a $1,000 fine. PC §16250 defines 'blowgun' as a hollow tube designed and intended to be used as a tube through which a dart is propelled by the force of the breath of the user. 'Blowgun ammunition' means a dart designed and intended for use in a blowgun.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Blowgun Cases in All LA County Courts
01 — Quick Facts
PC §20510 — Blowgun at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §20510 — Blowgun and Blowgun Ammunition |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Penalty | Up to 6 months county jail and/or $1,000 fine |
| Definition (Blowgun) | PC §16250 — hollow tube designed to propel dart by breath |
| Definition (Ammunition) | PC §16250 — dart designed for use in a blowgun |
| Prohibited Weapons Catalog | PC §16590 (generally prohibited weapons) |
| Diversion | PC §1001.95 misdemeanor diversion available |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §20510?
What Is California Penal Code §20510?
PC §20510 Reads:
"Any person who knowingly manufactures, sells, offers for sale, possesses, or uses a blowgun or blowgun ammunition in this state is guilty of a misdemeanor."
— California Penal Code §20510 (paraphrased)
PC §20510 is California's blowgun statute. It criminalizes the entire commercial and possessory chain — manufacture, sale, offer for sale, possession, and use — of blowguns and their ammunition. Because blowguns can be silenced weapons with reasonable accuracy at short range, California treats them as generally prohibited weapons under the PC §16590 catalog. Simple possession alone triggers the misdemeanor.
§16250 Definition — Hollow Tube for Breath-Propelled Darts
PC §16250 defines 'blowgun' as a hollow tube designed and intended to be used as a tube through which a dart is propelled by the force of the breath of the user. 'Blowgun ammunition' means a dart designed and intended for use in a blowgun. Toy plastic tubes not designed and intended for dart propulsion fall outside the definition. The 'designed and intended' language creates a design-purpose element that supports classification defense.
PC §20510 — Blowgun
Breath-propelled dart tube. Misdemeanor — up to 6 months jail.
PC §20310 — BB Device
Air/gas/spring-propelled projectile ≤6mm. Concealed carry misdemeanor.
Why 'Designed and Intended' Drives §20510 Cases
The 'designed and intended' language in §16250 is where §20510 defense lives. A hollow tube not designed or manufactured as a blowgun — a section of pipe, a straw, a paintball marker — is not a §20510 blowgun regardless of whether someone could theoretically breath-propel a dart through it. Rubin Law, P.C. defends by challenging the design-and-intent element and pursuing diversion for first-time offenders.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §20510
The prosecution must prove each of the following beyond a reasonable doubt.
Defendant Engaged in Prohibited Conduct
Manufacture, sale, offer for sale, possession, or use of a blowgun or blowgun ammunition.
The Item Is a Blowgun or Blowgun Ammunition Under §16250
Hollow tube designed and intended to propel a dart by breath, or a dart designed and intended for use in a blowgun.
Defendant Knew the Item's Character
Statute expressly requires 'knowingly' — defendant knew the item was a blowgun or blowgun ammunition.
04 — Penalties
Penalties for PC §20510 Blowgun in California
§20510 is a misdemeanor with limited exposure but diversion and infraction-reduction pathways.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §20510 Base Offense | PC §20510 | Up to 6 months county jail and/or $1,000 fine | Standard | No |
| Concurrent §626.10 (School Grounds) | PC §626.10 | Up to 3 years — weapon on school grounds | Available | No |
| Concurrent §245 (Assault) | PC §245(a)(1) | Up to 4 years — if used offensively | Rare | Yes |
| Concurrent §17500 (Deadly Weapon With Intent) | PC §17500 | Up to 6 months county jail | Available | No |
Enhancements Attached to §20510 Fact Patterns
School Grounds
PC §626.10
Blowgun on school grounds — separate wobbler exposure up to 3 years.
Assault Use
PC §245
Blowgun used offensively supports felony assault filing with strike exposure.
Gang Predicate
PC §186.22
Gang-context blowgun possession adds sentencing enhancement.
Prior Weapons Convictions
PC §29805
Prior misdemeanor weapons convictions trigger 10-year firearm prohibition on §20510 conviction.
Beyond the Sentence
- Item forfeiture
- PC §29805 10-year firearm prohibition (blowgun is enumerated weapon)
- Misdemeanor conviction record affecting employment / background
- School disciplinary consequences if defendant is a student
- Immigration consequences generally limited; case-specific analysis for non-citizens
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §20510 Blowgun Charges
§20510 defenses focus on design-and-intent, possession, and mens rea.
Not 'Designed and Intended' as Blowgun
Item is a section of pipe, straw, decorative import, or generic hollow tube not designed for dart propulsion. §16250 design-purpose element fails.
PC §16250
Darts Not Designed for Blowgun Use
Darts are craft supplies, dartboard darts, or generic pointed items not designed for blowgun ammunition.
PC §16250
Knowledge Element Not Met
Statute expressly requires 'knowingly.' Item purchased as craft/hobby supply, unlabeled, or mistaken import.
PC §20510
Constructive-Possession Defense
Shared home, third-party storage, no knowledge of item's presence. People v. Sifuentes.
People v. Sifuentes
Fourth Amendment Suppression
Warrantless search, overbroad warrant, Rodriguez prolongation. PC §1538.5 motion.
PC §1538.5
PC §1001.95 Diversion
Misdemeanor diversion — case dismissed on completion of diversion terms.
PC §17(d) Infraction Reduction
Reduction of misdemeanor to infraction with prosecutor consent — fine only, no misdemeanor record.
PC §17(d)
Constitutional Sources
07 — Court Process
How PC §20510 Blowgun Cases Move Through Los Angeles Courts
§20510 cases follow the misdemeanor track.
- 1
Step 1 — Police Encounter
Cases arise from Terry stops, warehouse / import inspections, and probation searches producing blowguns or darts.
- 2
Step 2 — Item Examination
LAPD SID / LASD firearms unit inspects the tube design, dart configuration, and confirms §16250 definitional match.
- 3
Step 3 — Filing Decision
DA reviews §20510 alone vs. §20510 + §626.10 or §245 based on context.
- 4
Step 4 — Arraignment
Misdemeanor arraignment at LA County criminal court. Diversion track identified early.
- 5
Step 5 — Motion Practice
PC §1538.5 suppression, definitional challenges, knowledge-element challenges.
- 6
Step 6 — Resolution
Diversion dismissal, §17(d) infraction reduction, plea, or trial.
Los Angeles Courts That Handle PC §20510 Blowgun Cases
§20510 cases are prosecuted at LA County misdemeanor calendars.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Blowgun Defense Attorney
Daniel S. Rubin has defended clients charged with blowgun 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 §20510 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Blowgun Cases Throughout LA County
09 — FAQs
PC §20510 Blowgun Questions — Los Angeles
Are blowguns illegal in California?
Yes. PC §20510 makes it a misdemeanor to manufacture, sell, offer for sale, possess, or use a blowgun or blowgun ammunition in California. Punishable by up to 6 months in county jail and/or a $1,000 fine.
What counts as a blowgun under §16250?
PC §16250 defines 'blowgun' as a hollow tube designed and intended to be used as a tube through which a dart is propelled by the force of the breath of the user. The 'designed and intended' language means the item must be manufactured or intended for that purpose — not just a hollow tube that could theoretically propel a dart.
Can I possess a blowgun for hunting or fishing?
No general hunting or fishing exemption exists under §20510. California prohibits blowgun possession outright. Some limited scientific or professional pest-control exemptions may apply under narrow §16590-catalog provisions.
Are blow darts (darts alone) illegal?
Yes if 'designed and intended for use in a blowgun' under §16250. Standard dartboard darts, craft supplies, and generic pointed items typically fall outside this definition. Blow-dart-specific ammunition is prohibited under §20510.
Can §20510 be dismissed through diversion?
Yes. First-time offenders are frequently eligible for PC §1001.95 misdemeanor diversion. Upon completion of diversion terms, the case is dismissed with no conviction record.
Is a paintball marker or Nerf gun a blowgun?
No. Paintball markers use gas propulsion (not breath) and are BB devices under §16250 potentially subject to §20310, not §20510. Nerf guns use spring propulsion and are outside both statutes' definitions.
What if I own a blowgun for exotic-cultural or decorative purposes?
Cultural, decorative, or ornamental purpose is not an affirmative defense under §20510. Options include (1) surrender to law enforcement for destruction, (2) transfer out of California, or (3) mount as non-functional decor (though even non-functional items may satisfy §16250 if designed for dart propulsion).
Are there federal restrictions on blowguns?
There is no federal statute directly prohibiting blowguns. Federal law regulates certain switchblades (15 USC §1242) and ballistic knives (15 USC §1245) but does not address blowguns. §20510 remains fully enforceable independent of federal law.
Available 24/7 — Free Consultation
Charged Under PC §20510 Blowgun?
Design-and-intent analysis, knowledge element, and misdemeanor diversion drive these cases. Call Rubin Law, P.C. — free consult (213) 723-2337.