Zip Guns Law in California – Penal Code 33600 PC

In California, zip guns are illegal in almost all circumstances. Under California Penal Code 33600 PC, it is a crime to manufacture, import, sell, give, lend, or possess a zip gun.

Because these weapons are homemade, unregistered, and highly dangerous, the law treats zip gun offenses seriously and allows prosecutors to file either misdemeanor or felony charges.

A conviction under PC 33600 can result in county jail or state prison time, substantial fines, and lifelong firearm consequences.

Understanding how California defines zip guns, what conduct is prohibited, and what defenses may apply is critical if you are facing charges.

What Is a Zip Gun Under California Law?

A zip gun is a homemade or improvised firearm that was not manufactured by a licensed firearms manufacturer.

These weapons are often constructed from everyday materials such as metal pipes, rubber bands, springs, or scrap parts and are not designed to meet safety or manufacturing standards.

Under California law, a device qualifies as a zip gun if:

It was not originally designed by a licensed manufacturer to be a firearm.
It was not imported by a licensed firearms importer.
No firearm tax was paid on the device (and no exemption applies); and
It is made or modified to expel a projectile, such as a bullet or shell.

Because zip guns are untraceable, unreliable, and prone to malfunction, they are considered dangerous both to the public and to the person using them.

Why Are Zip Guns Illegal in California?

California strictly regulates firearms. Zip guns bypass nearly all safety, registration, and tracing requirements. Lawmakers criminalized zip guns because they:

Are extremely difficult to trace,
Are commonly used in crimes and discarded afterward.
Pose a serious risk of accidental injury or death, and
Circumvent background checks and firearm regulations.

As a result, mere possession of a zip gun is enough to trigger criminal liability.

What Does Penal Code 33600 Prohibit?

Under Penal Code 33600 PC, it is illegal to:

Manufacture or cause the manufacture of a zip gun;
Import a zip gun into California.
Keep a zip gun for sale.
Offer or expose a zip gun for sale.
Sell a zip gun.
Give or lend a zip gun; or
Possess a zip gun, either physically or constructively.

Possession includes having the weapon on your person, in your vehicle, in your home, or anywhere you exercise control over it.

Are There Any Exceptions to Penal Code 33600?

Yes, but they are extremely limited. Certain individuals may be exempt from prosecution, including:

Authorized law enforcement officers acting within the scope of their duties;
Certain military personnel, and
Licensed antique firearm dealers under narrow circumstances.

These exceptions are strictly construed and rarely apply to civilians.

What Are the Penalties for a Zip Gun Conviction?

Violating Penal Code 33600 is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony.

Misdemeanor Penalties

Up to 1 year in county jail; and
Possible fines and probation.

Felony Penalties

16 months, 2 years, or 3 years in California state prison;
Fines ranging from $1,000 to $10,000; and
Loss of firearm rights.

Additional penalties may apply if the zip gun was used in connection with another crime.

Related California Weapon Laws

Zip gun charges are often filed alongside or compared to other weapons offenses, including:

Penal Code 207 – Kidnapping;
Penal Code 12556 – Imitation firearms;
Penal Code 16470 – Dirk or dagger;
Penal Code 171.7 – Weapons on public transit;

Penal Code 17330 PC - Wallet gun;

Penal Code 21510 – Switchblade knives;

Penal Code 20410 PC - Belt buckle knives;

Penal Code 21110 PC - Ballistic knife law;

Penal Code 20510 – Cane swords;
Penal Code 22610 – Stun guns;
Penal Code 22810 – Tear gas;

Penal Code 24610 PC - Undetectable firearms

Penal Code 11418 – Weapons of mass destruction;
Penal Code 4502 PC - Weapons in penal facility.

Common Defenses to Zip Gun Charges

A skilled California criminal defense attorney may raise several defenses depending on the facts of your case:

Lack of Knowledge

If you did not know the object was a zip gun or did not reasonably believe it was an illegal firearm, the prosecution may not be able to prove intent.

Illegal Search and Seizure

If police discovered the zip gun through an unlawful search or seizure, the evidence may be suppressed under the Fourth Amendment.

Exemption Applies

In rare cases, a defendant may qualify for a statutory exemption, such as lawful possession by authorized personnel.

Pre-Filing Negotiation (DA Reject)

An attorney may negotiate with the prosecutor before charges are formally filed, potentially avoiding criminal prosecution altogether.

Why Early Legal Representation Matters

Zip gun charges carry serious consequences, including prison exposure and permanent firearm restrictions. Early intervention by a criminal defense lawyer can:

Challenge illegal searches,
Prevent felony filings,
Seek dismissal or reduction of charges, and
Protect your record and rights.

Contact a California Criminal Defense Attorney

If you have been accused of possessing, manufacturing, or transferring a zip gun, your freedom and future may be at stake.

Contact Cron, Israels & Stark for a confidential case review. Our firm is based in Los Angeles and defends clients throughout California in serious firearm and weapons cases.

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