Possession of a Short-Barreled Rifle or Shotgun – California Penal Code 33215 PC

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Strong Legal Representation for Short-Barreled Rifle and Shotgun Charges in California

If you have been charged with possession of a short-barreled rifle or short-barreled shotgun in California, you are facing a wobbler that can be filed as a misdemeanor or a felony. These charges frequently arise from inherited firearms, weapons purchased without knowledge of California’s barrel length restrictions, or firearms that were legally configured in another state. Possession alone is enough for a charge, and the weapon does not need to have been used or loaded.

At The Law Offices of Arash Hashemi, our criminal defense attorney has spent over 20 years defending clients against gun crime charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free, confidential consultation.

What Does Penal Code 33215 Prohibit?

California Penal Code 33215 makes it a crime to manufacture, import, keep for sale, offer for sale, give, lend or possess a short-barreled rifle or short-barreled shotgun. The statute applies to all of the following conduct:

  • Possessing a short-barreled rifle or shotgun anywhere, including inside a private home
  • Manufacturing or assembling one, including from parts that are each legal on their own
  • Selling, giving, lending or transferring one to another person
  • Bringing one into California from another state

Short-barreled rifles and shotguns are also listed as generally prohibited weapons under PC 16590. A concealed carry permit, a clean record and a lawful purchase history are not a defense to a PC 33215 charge.

The statute applies whether the firearm was manufactured in its prohibited configuration or converted after purchase. A shotgun that was legally purchased with a standard barrel and later cut down below the legal limit becomes a short-barreled shotgun the moment the modification is made. The same applies to rifles.

What Counts as a Short-Barreled Rifle or Shotgun in California?

The measurements that define these firearms come from two related statutes. The difference between a legal and an illegal firearm can be a fraction of an inch.

  • Short-barreled rifle (PC 17170): a rifle with a barrel shorter than 16 inches, or an overall length shorter than 26 inches.
  • Short-barreled shotgun (PC 17180): a shotgun with a barrel shorter than 18 inches, or an overall length shorter than 26 inches.

These definitions also cover weapons made from a rifle or shotgun that have been modified below these limits, whether the weapon was made that way commercially or altered after purchase.

Are Sawed-Off Shotguns Illegal in California?

Yes. A sawed-off shotgun is one of the most common forms of this charge. Cutting a shotgun barrel below 18 inches, or reducing the overall length below 26 inches, creates a short-barreled shotgun under PC 33215. It can be charged as a felony even if the gun was never fired or used after it was cut.

Are Short-Barreled Shotguns and Rifles Legal in California?

For most people, no. Short-barreled shotguns and rifles are illegal for civilians to possess in California outside of narrow exceptions.

Minimum Legal Barrel Length in California

To stay legal, a shotgun must have a barrel of at least 18 inches and an overall length of at least 26 inches. A rifle must have a barrel of at least 16 inches and an overall length of at least 26 inches.

Exceptions to PC 33215

The exceptions are limited. They include:

  • Law enforcement agencies and military personnel acting within their official duties
  • People who hold a Department of Justice permit under PC 33300, which is issued only on a showing of good cause and is rarely granted to private individuals
  • Certain antique firearms covered by California’s weapons exemptions

A federal NFA tax stamp does not make a short-barreled rifle or shotgun legal in California. Unlike some other states, California does not recognize federal registration as a defense to a PC 33215 charge.

Penalties for PC 33215 Charges in California

PC 33215 is a wobbler. The District Attorney decides whether to file it as a misdemeanor or a felony based on your criminal history, the circumstances of the arrest and whether the firearm was connected to another offense.

  • Misdemeanor: up to one year in county jail and a fine of up to $1,000
  • Felony: 16 months, 2 years or 3 years in county jail under California’s realignment law, and a fine of up to $10,000
  • The firearm is seized and destroyed
  • A felony conviction brings a lifetime ban on owning firearms under California and federal law, and any later possession can be charged as felon in possession under PC 29800
  • For non-citizens, a firearm conviction can lead to deportation

Our criminal defense attorney engages with prosecutors early to argue for misdemeanor treatment whenever the case allows it. When the firearm was found alongside a gang allegation, a drug offense or another weapons charge, additional counts and enhancements can increase the total exposure significantly.

Legal Defenses Against PC 33215 Charges

The Firearm Does Not Meet the Legal Definition

The barrel length and overall length must be proven beyond a reasonable doubt. Our criminal defense attorney works with independent firearms experts to measure the specific firearm. When the measurements do not actually fall below the legal limits, the charge cannot stand, regardless of what officers believed at the time of the arrest.

Unlawful Search and Seizure

Most PC 33215 arrests begin with a search of a home or vehicle. When that search was conducted without a valid warrant, without probable cause or beyond its authorized scope, our attorney files a motion to suppress. Without the firearm, the prosecution has no case. Learn more about unlawful search and seizure in California.

No Knowledge of the Firearm or Its Configuration

When you inherited the firearm, bought it without knowing it had been modified, or did not know it was in a shared home or car, the prosecution may not be able to prove knowing possession. Ownership records and the circumstances of how the gun was acquired are often key. See our guide to constructive possession of a firearm.

A Lawful Exemption Applies

When you are law enforcement, military or hold a valid DOJ permit, our attorney presents the exemption evidence immediately and argues for dismissal before the case moves forward.

Contact a Los Angeles Defense Attorney for PC 33215 Charges Today

A short-barreled rifle or shotgun charge in California can lead to a felony record and a lifetime firearm ban. With over 20 years of experience defending clients against firearms charges throughout Los Angeles County, Attorney Arash Hashemi will review the measurements of the firearm, analyze the legality of the search and build a defense strategy from day one. Contact our office today for a free, confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing firearms charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.