People v. King

Opinion

KENNARD, J.

Subdivision (a)(1) of Penal Code section 12020 (section 12020(a)(1)), 1 prohibits the possession of a variety of weapons. Does it require a culpable mental state, or is it a “public welfare offense,” for which proof of a culpable mental state is not required? We conclude that section 12020(a)(1) is not a public welfare offense, and that the prosecution must prove the possessor’s knowledge of the weapon’s illegal characteristics.

We also conclude that when, as here, the prohibited weapon is a “short-barreled rifle”—in this case a rifle that had been altered to reduce its…