Weapons & Explosives
Weapons possession, unlawful sales, trafficking, firearm conduct, and destructive devices.Every charge below uses the same title, classification, fine, jail value, citation status, and legal description as the generated MDT SQL.
Weapon Classification Guide
Explosives and improvised destructive devices are governed by their more specific statutes when applicable. Weapon-use enhancements do not stack when weapon use is already an element of the aggravated offense.
Quick Reference
§7 — Unlawful Discharge of a Firearm
Class A Misdemeanor · Fine: $1,000 · Jail: 20 months · Cite & Release: No A person commits Unlawful Discharge of a Firearm when, without lawful justification, they intentionally or recklessly discharge a firearm within the City of Los Santos, within 200 feet of a public roadway outside the city, or in another posted no-discharge area. The State need not prove an intent to injure another person. Lawful self-defense, licensed range use, authorized hunting, and official government use are excluded.Charging & stacking: If the discharge is directed at a person, occupied structure, school, government facility, or creates an extreme risk to the public, use Aggravated Unlawful Discharge or the applicable assault/homicide offense instead. Do not stack this offense with Aggravated Unlawful Discharge for the same shot.
§8 — Aggravated Unlawful Discharge of a Firearm
Class B Felony · Fine: $3,500 · Jail: 35 months · Cite & Release: No A person commits Aggravated Unlawful Discharge of a Firearm when they unlawfully discharge a firearm into or toward an occupied structure, school, government facility, crowd, or in another manner creating a substantial and unjustifiable risk of death or serious bodily injury.Charging & stacking: Actual injury is not required. If a specific person was intentionally targeted, charge the applicable Assault with a Deadly Weapon, Attempted Murder, or homicide offense as supported by the evidence. This aggravated offense replaces Unlawful Discharge for the same shot.
§137 — Criminal Possession of Weapon (Class 1)
Class A Misdemeanor · Fine: $1,000 · Jail: 15 months · Cite & Release: No · Community Service: 20 tasks A prohibited person commits Criminal Possession of Weapon (Class 1) when they knowingly possess a prohibited Class 1 weapon, including designated unlawful melee weapons or impact weapons, without legal authorization.Charging & stacking: Ordinary tools and lawful sporting or work implements are not prohibited weapons unless specifically designated by law or possessed with criminal intent.
§138 — Criminal Possession of Weapon (Class 2)
Class C Felony · Fine: $2,500 · Jail: 25 months · Cite & Release: No · Community Service: 25 tasks A prohibited or unlicensed person commits Criminal Possession of Weapon (Class 2) when they knowingly possess a Class 2 firearm, including a semi-automatic handgun or rifle, without the license or legal authorization required by state law.§139 — Criminal Possession of Weapon (Class 3)
Class B Felony · Fine: $5,000 · Jail: 40 months · Cite & Release: No A person commits Criminal Possession of Weapon (Class 3) when they knowingly possess a prohibited automatic firearm, machine gun, or comparable Class 3 weapon without specific legal authorization.§140 — Criminal Possession of Weapon (Class 4)
Class A Felony · Fine: $8,000 · Jail: 30 months · Cite & Release: No A person commits Criminal Possession of Weapon (Class 4) when they knowingly possess prohibited heavy weapons, military-grade destructive weapons, launchers, or comparable Class 4 armaments without specific legal authorization.Charging & stacking: Use Possession of Explosives or Destructive Devices for standalone explosive or improvised devices when that statute is more specific.
§141 — Criminal Sale of Weapon (Class 1)
Class B Misdemeanor · Fine: $1,000 · Jail: 15 months · Cite & Release: No · Community Service: 15 tasks A person commits Criminal Sale of Weapon (Class 1) when they knowingly sell or transfer a prohibited Class 1 weapon without legal authorization, or knowingly transfer such a weapon to a person prohibited from possessing it.Charging & stacking: Lawful sale of ordinary tools, sporting equipment, or authorized weapons is excluded.
§142 — Criminal Sale of Weapon (Class 2)
Class C Felony · Fine: $3,000 · Jail: 30 months · Cite & Release: No A person commits Criminal Sale of Weapon (Class 2) when they knowingly sell or transfer a Class 2 firearm without the license, background authorization, or other legal authority required by state law, or knowingly transfer it to a prohibited person.§143 — Criminal Sale of Weapon (Class 3)
Class B Felony · Fine: $6,000 · Jail: 35 months · Cite & Release: No A person commits Criminal Sale of Weapon (Class 3) when they knowingly sell or transfer an automatic firearm, machine gun, or comparable prohibited Class 3 weapon without specific legal authorization.§144 — Criminal Sale of Weapon (Class 4)
Class A Felony · Fine: $10,000 · Jail: 40 months · Cite & Release: No A person commits Criminal Sale of Weapon (Class 4) when they knowingly sell or transfer a prohibited heavy, military-grade, or comparable Class 4 weapon without specific legal authorization.Charging & stacking: Use the explosives statutes when the item is specifically an explosive or improvised destructive device and those statutes more directly apply.
§145 — Criminal Use of Weapon
Class C Felony · Fine: $2,500 · Jail: 20 months · Cite & Release: No Criminal Use of Weapon applies when a person knowingly uses or displays a weapon to facilitate the commission of a separate criminal offense and weapon use is not already an element of the underlying offense.Charging & stacking: This is an enhancement-style offense. Do not stack it with Armed Robbery, Assault with a Deadly Weapon, or another offense when the same weapon use is already required to prove that offense.
§146 — Possession of Illegal Firearm Modifications
Class C Felony · Fine: $2,500 · Jail: 20 months · Cite & Release: No · Community Service: 25 tasks A person commits Possession of Illegal Firearm Modifications when they knowingly possess or control a firearm equipped with a prohibited conversion device, unlawful suppressor, prohibited magazine, obliterated or altered serial mechanism, or other modification specifically prohibited by state law.Charging & stacking: Do not separately charge Possession of Firearms Without Serial Numbers when the only serial issue is the same alteration already used to prove this offense unless distinct weapons are involved.
§147 — Bulk Weapons Trafficking
Class A Felony · Fine: $15,000 · Jail: 60 months · Cite & Release: No A person commits Bulk Weapons Trafficking when they knowingly transport, transfer, supply, or distribute eight or more illegal firearms or prohibited weapons as part of a commercial, organized, or criminal distribution scheme.Charging & stacking: Use Weapons Trafficking for organized distribution below the bulk threshold and Unlicensed Sale of Firearms for an isolated unlawful sale.
§148 — Possession of Firearms Without Serial Numbers
Class C Felony · Fine: $2,500 · Jail: 20 months · Cite & Release: No · Community Service: 25 tasks A person commits Possession of Firearms Without Serial Numbers when they knowingly possess a firearm that lacks the serial number or registration marking required by state law, or whose serial number has been intentionally removed or obliterated.Charging & stacking: Innocent temporary possession for surrender to law enforcement may be considered a defense when supported by the circumstances.
§149 — Brandishing a Weapon
Class B Misdemeanor · Fine: $500 · Jail: 10 months · Cite & Release: No A person commits Brandishing a Weapon when, without lawful justification, they intentionally or recklessly display a non-firearm weapon in a threatening, provocative, or dangerous manner in the presence of another person.Charging & stacking: Mere lawful possession, transport, maintenance, or nonthreatening handling is insufficient. Use Assault with a Deadly Weapon when the weapon is intentionally used to place a specific person in fear of imminent serious harm.
§150 — Brandishing a Firearm
Class A Misdemeanor · Fine: $1,500 · Jail: 20 months · Cite & Release: No A person commits Brandishing a Firearm when, without lawful justification, they intentionally or recklessly display, draw, or handle a firearm in a threatening or dangerous manner in the presence of another person.Charging & stacking: Mere lawful possession, holstered carry, transport, maintenance, or safe handling is insufficient. Use Assault with a Deadly Weapon when the firearm is intentionally directed or used to threaten a specific person.
§154 — Criminal Use of Explosives
Class A Felony · Fine: $7,500 · Jail: 45 months · Cite & Release: No Criminal Use of Explosives applies when a person knowingly uses an explosive, incendiary, or destructive device to facilitate another criminal offense and the explosive use is not already fully incorporated into a more specific offense.Charging & stacking: This offense may accompany property, assault, or homicide offenses when separate harms are established, but should not duplicate punishment for the identical statutory element.
§211 — Weapons Trafficking
Class B Felony · Fine: $6,000 · Jail: 35 months · Cite & Release: No A person commits Weapons Trafficking when they knowingly participate in an organized or repeated scheme to sell, transport, transfer, supply, or distribute illegal firearms or prohibited weapons for profit, criminal use, or further distribution.Charging & stacking: Use Bulk Weapons Trafficking when eight or more weapons are involved in the trafficking episode. Use Unlicensed Sale of Firearms for an isolated unlawful sale.
§212 — Possession of Explosives or Destructive Devices
Class B Felony · Fine: $5,000 · Jail: 30 months · Cite & Release: No A person commits Possession of Explosives or Destructive Devices when they knowingly possess, carry, store, or control an explosive, incendiary device, improvised explosive device, destructive device, or component already configured for destructive use without lawful authorization. Ordinary ammunition and lawful emergency equipment are excluded.§213 — Manufacturing an Improvised Destructive Device
Class A Felony · Fine: $7,500 · Jail: 45 months · Cite & Release: No A person commits Manufacturing an Improvised Destructive Device when they knowingly construct, assemble, modify, or substantially prepare components to create an improvised explosive, incendiary, destructive, or weaponized chemical device.Charging & stacking: Mere possession of lawful components is insufficient without evidence of assembly, modification, or specific manufacturing intent.
§214 — Unlicensed Sale of Firearms
Class C Felony · Fine: $3,000 · Jail: 25 months · Cite & Release: No · Community Service: 25 tasks A person commits Unlicensed Sale of Firearms when, without the license or legal authority required by state law, they knowingly sell, offer to sell and take a substantial step toward sale, or transfer a firearm to another person.Charging & stacking: Use Weapons Trafficking for repeated or organized distribution and Bulk Weapons Trafficking when the bulk threshold is met.
§215 — Maintaining a Place for Illegal Weapons Distribution
Class B Felony · Fine: $6,000 · Jail: 35 months · Cite & Release: No A person commits Maintaining a Place for Illegal Weapons Distribution when they knowingly own, lease, control, manage, or regularly use a building, residence, business, warehouse, vehicle, or other location for the organized storage, manufacture, sale, or distribution of illegal firearms, prohibited weapons, explosives, or destructive devices.Charging & stacking: A single unlawfully possessed weapon at a location is insufficient without additional evidence that the place is intentionally maintained for distribution or manufacturing.
Related Penal Code Resources
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