Are Nunchucks Illegal in California?
Nunchucks are now legal in California. However, using them against another person can still result in criminal charges for battery or assault with a deadly weapon unless it is justified as lawful self-defense.
Under the now-repealed Penal Code 22010 PC, California law prohibited making, importing, selling, giving away, or possessing nunchakus.
Offenses could have been charged as either misdemeanors or felonies, with potential sentences of up to 3 years in jail.
Nunchucks are martial arts weapons consisting of two sticks, either metal or wood, joined by a short rope or chain.
Widely recognized as nunchakus, this traditional weapon gained popularity in American pop culture through Michelangelo from the 'Teenage Mutant Ninja Turtles' movies and TV series.
Key Takeaways
- Nunchucks are now legal following the repeal of Penal Code 22010 PC. Previously, California law prohibited manufacturing, importing, selling, giving away, or even possessing nunchakus.
- Nunchakus are often called “nunchuks” or “karate sticks.”
- These are traditional martial arts weapons made up of two rods or sticks linked at one end by a short chain or rope.
- Karate sticks are now legal and no longer banned under California Penal Code 16590 or the state's broader weapons restrictions. This law outlines various weapons and objects that are generally prohibited in California.
- Someone accused under the now-repealed Penal Code 22010 could have contested the charge by presenting a legal defense.
What Were the Penalties for a Nunchucks Conviction?
Possession of nunchakus was known as a wobbler offense. A wobbler is a type of criminal charge in California that can be charged as either a misdemeanor or a felony offense, depending on the circumstances.
Most criminal charges are either misdemeanors or felonies; wobblers are unique in that they can be either. If an alleged act of possessing nunchakus was charged as a misdemeanor, then a conviction can carry:
- up to one year in the county jail,
- a maximum fine of up to $1,000, and
- informal summary probation.
The presiding judge can also sentence a defendant to misdemeanor probation instead of jail.
If an alleged act of possession of nunchakus was charged as a felony, then a conviction can carry:
- up to three years in California state prison,
- a maximum possible fine of $10,000, and
- formal felony probation.
Likewise, the presiding judge can sentence a defendant to felony probation instead of jail or prison.
What Are Related Laws?
In California, several state crimes are related to the possession of nunchakus. Such as the following:
- Penal Code 21510 PC - possession of a switchblade
- Penal Code 21810 PC - possession of brass knuckles
- Penal Code 21110 PC - ballistic knife law
- Penal Code 20610 PC - lipstick case knife law
- Penal Code 20510 PC - cane swords law
- Penal Code 22610 PC - stun guns and tasers
- Penal Code 16470 PC - carrying a dirk or dagger
- Penal Code 20410 PC - belt buckle knives law
- Penal Code 24410 PC - possession of a cane gun
- Penal Code 243(d) PC - aggravated battery
- Penal Code 20710 PC - possession of a shobi-zue
- Penal Code 22410 PC - possession of shurikens
- Penal Code 33600 PC - zip gun law
- Penal Code 24610 PC - undetectable firearms
These related offenses are wobbler offenses that can lead to up to one year in county jail and a fine of up to $1,000 if charged as a misdemeanor, or to up to three years in prison and a fine of up to $10,000 if charged as a felony.
Contact a Criminal Defense lawyer for Help
California Penal Code 22010 PC, which historically restricted nunchucks, was effectively repealed or amended by SB 827 in 2021.
This change legalizes nunchaku for general possession and use by everyone and removes restrictions for martial arts schools.
However, misuse that causes harm or violates other weapon laws still applies, making nunchaku similar to other martial arts tools. Previously, making, importing, selling, or possessing nunchaku was a crime punishable as a misdemeanor or felony, but this is now largely outdated.
Basically, California law has moved from outright banning nunchucks to regulating them like other martial arts gear, emphasizing restrictions on their dangerous use rather than just owning them. For more information, contact the California criminal defense lawyers at Cron, Israels & Stark.