PC 24310 Camouflaged Firearm Container Law, Sentence & Defense. Criminal Defense Lawyers Explain CA Penal Code 24310.
- Criminal Defense Lawyers
- 6 days ago
- 7 min read
California penal code 24310 makes it a crime to possess a camouflaged firearm container. The same law also makes it a crime to make, sell, lend, or give a camouflaged firearm container.
This summary covers the law, penalties and common defenses that are related to PC 24310. For more information on the crime of camouflage of a firearm container, please contact our criminal defense attorneys for a free consultation.
PC 24310 Law (Abbrev.)
Per penal code 24310 ‘…any person… who manufactures…, imports into [California], keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any camouflaging firearm container is guilty of penal code 24310' (Abbrev.).
A camouflaged firearm container is an item that is designed for the purpose of concealing a firearm but also allows the firearm to be fired from the item without having to first remove the firearm from the item itself. The emphasis of PC 24310 is on the design of the item.
Example: An unmodified purse can hold and conceal a firearm. Also, a person can also fire a firearm from within a purse without having to first remove the firearm from the purse. But a purse is not an item that is designed to conceal a firearm. Therefore, PC 24310 charges are not appropriate in this circumstance.
Example: John converts his briefcase to hold a firearm in such a way as he can accurately fire the firearm from within his briefcase by pressing a button on the top of his briefcase. In this case, John has made and possessed a camouflaged firearm container in violation of penal code 24310.
Incidentally, in the above example, John is guilty of PC 24310 if he does any of the following: Make, sell, give, possess or even lend his modified briefcase to another person. This is true even if John never uses the camouflaged firearm container.
Note: A “firearm,” for purposes of PC 24310 law, includes .50 Caliber firearms, rifles, assault weapons, rifles, handguns, shotguns, zip guns and more.
Also, if the defendant is caught with a firearm inside a camouflaged firearm container, then he or she may be charged with additional crimes depending on the circumstances (i.e., felon in possession of firearm, possession of assault weapon, felon in possession of ammunition, possession of amor piercing ammunition, possession of zip gun, possession of firearm without identifying mark, etc.).
PC 24310 Penalties
Wobbler: The crime of possession of camouflaged firearm container is classified as a “wobbler” offense. This means that that PC 24310 may be charged as either a felony, or alternatively as a misdemeanor.
Whether penal code 24310 is charged as a felony or misdemeanor depends on many factors, including the level of sophistication used in the commission of the offense, the defendant’s criminal history, if any, the terms of any negotiated plea bargain, the harm caused by the defendant’s conduct, and more.
Felony Jail Sentence: When possession of a camouflaged container is charged as a felony, the defendant may face up to sixteen months, two years, or three years in the county jail. A probation sentence, with or without some incarceration, may also be available in some cases (See Probation Sentence).
Whether the defendant receives a sixteen-month, two year or three-year jail sentence (or probation sentence) after a PC 24310 conviction depends on several factors, such as the presence or absence of any mitigating or aggravating factors in the case, the terms of a negotiated plea bargain (if applicable), the defendant’s criminal history and more.
Example: After a jury trial, Sarah is found guilty of felony possession of camouflage firearm container. The judge’s options for sentencing include probation sentence, 16-months, 2 years, or 3 years in jail. The judge finds that Sarah used highly sophisticated means to avoid detection by law enforcement (aggravating factor). Therefore, the judge sentenced Sarah to 3 years in county jail (high term).
Misdemeanor Jail Sentence: A misdemeanor conviction of PC 24310 may result in either a probation sentence (See Probation Sentence) or a county jail sentence of up to one year.
Probation Sentence: A probation sentence is a period of supervision by either the court (informal probation) or by a probation officer (formal probation). A probation sentence is available in both felony and misdemeanor PC 23410 cases; however, a probation sentence after a conviction for possession of camouflage firearm container is never guaranteed.
Whether a probation sentence is granted after a felony or misdemeanor conviction of penal code 24310 depends on many factors, including the defendant’s criminal history, the harm the defendant caused to any victims, the level of sophistication used in the offense, and more.
Note: Sometimes, a probation sentence for PC 24310 crimes includes a short jail sentence as a term of probation. However, probation sentences that are made conditional upon a short jail sentence.
Example: Jessica is found guilty of felony possession of camouflaged firearm container (PC 24310-F). Jessica is placed on felony probation with a condition of probation that she serves thirty days in the county jail. As a result, Jessica may usually serve her thirty-day sentence on work release, as opposed to an in-custody jail sentence.
In the example above, if Jessica was not granted probation after her felony conviction of possession of camouflaged firearm container, the judge would not be allowed to order Jessica to serve less than sixteen months in the county jail.
Note: A probation sentence for PC 24310 is two years in length for felony and one year in length for misdemeanor (PC 1203.3).
PC 1170(H) Sentencing: Felony PC 24310 is subject to penal code 1170(h) sentencing. This means that any jail sentence ordered may be split or suspended with the court’s authority.
Example: David plead guilty to camouflaging a firearm container. Per the terms of the plea bargain, the court denies probation and sentences David to the mid-term jail sentence of two years but permits David to serve half of that jail sentence out of custody on work release.
Example II: Bethany is found guilty of felony PC 24310. The court sentences Bethany to the low term of sixteen months in jail, but the court suspends imposition of the jail sentence because Bethany agrees to certain probation conditions. As a result, Bethany does not have to go to jail for sixteen months, so long as she fulfills the conditions of her probation.
PRCS: If the defendant is incarcerated without a grant of probation after a conviction for PC 24310, then he or she will be monitored after incarceration by a local county probation officer, as opposed to California state parole officer. This is known as Post-Release Community Supervision (PRCS).
CIMT: The crime of possession of camouflaged firearm containers is not a crime involving moral turpitude (CIMT). This distinction is important for immigration, professional licensing and military service consequences. For more information, see Crimes Involving Moral Turpitude.
Three Strikes Law: PC 24310 is not a “serious” or “violent” offense as described in PC 1192.7 and 667.5, respectively. This means that a felony camouflage of firearm container crime is not classified as “strike” offenses under California’s Three Strikes Sentencing Law.
Firearm Prohibition: A felony conviction of camouflage a firearm container carries a lifetime firearm prohibition, including ammunition and body armor prohibition (PC 29800). A misdemeanor conviction of camouflage a firearm container carries no firearm, ammunition or body armor prohibition (PC 29805).
Fines: Court fines after a conviction for felony PC 24310 are up to $10,000 per offense, and up to $1,000 per offense in misdemeanor cases. These fines are in addition to court security fees, restitution fees, and probation monitoring fees.
Additional Penalties: In addition to possible jail or probation penalties, a conviction for selling, making, or possessing a camouflaged firearm container include criminal protective orders, confiscation of the firearm container, civil lawsuits, loss of scholarship opportunities, increased penalties for subsequent criminal convictions, and more.
PC 24310 Defenses
Common defenses to sale, manufacture, or possession of camouflage firearm container include mistake of fact, illegal search and seizure, statute of limitations, coerced confession, insufficient evidence, entrapment, and more.
Statute of Limitations: The statute of limitations for both felony and misdemeanor violations of penal code 24310 is three years from the date of the last alleged violation.
17(B) Reclassification: In some PC 24310 cases, it might be possible to have a felony violation reclassified to a misdemeanor violation. This can occur before, or even after conviction, and it is sometime made part of a negotiated plea bargain between the defendant and the district attorney.
The 17(B) petition to reduce a felony to a misdemeanor may be made over the objection of the district attorney, but the court will only grant the petition if the court finds good reasons for the reclassification (i.e., plea bargain term, mitigation in the circumstances of the case, etc.).
Post-Conviction Options: After a conviction for camouflaging a firearm container, the defendant may have several post-conviction options, depending on the circumstances, including appeal of the conviction, withdraw a guilty plea (PC 1018), terminate a probation sentence early (PC 1203.3), expunge the criminal conviction (PC 1203.4), and petition the court for a certificate of rehabilitation (PC 4852).
If you or a loved one is charged with a violation of California penal code section 23400 (Possession of Camouflage Firearm Container), contact our Inland Empire criminal defense lawyers today for a free consultation.
Our highly experienced, successful team of criminal defense lawyers have handled thousands of misdemeanor and felony firearm offenses from the pretrial investigation stage to jury trial when necessary. We can help you too. We represent criminal defendants facing misdemeanor or felony firearm criminal allegations in San Bernardino, Riverside, Orange and LA County. Call today!
909-913-3138
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