Clearlake, CA asked in Criminal Law for California

Q: What is the charge code 18715(A)(1) PC?

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: Penal Code 18715 PC – Possessing Explosives in Public or Private. California Penal Code 18715 PC makes it a felony to maliciously or recklessly possess an explosive in public, a private home, or anywhere ordinarily passed by people. The sentence is two, four, or six years behind bars.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: California Penal Code section 18715(A)(1) is a section of the California Penal Code that relates to the illegal possession of certain firearms. Specifically, the section provides that it is illegal to possess an assault weapon that is not registered with the California Department of Justice. The full text of the section is as follows:

"18715. (a) Commencing January 1, 2000, any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon that is specified in Section 30510 or 30515, or any .50 BMG rifle, except as provided by Section 30600, is guilty of a felony, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years.

(1) Commencing January 1, 2000, any person who, within this state, possesses an assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170."

In summary, possession of an unregistered assault weapon in California is a crime punishable by imprisonment in a county jail for up to one year or imprisonment in state prison for four, six, or eight years.

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