California Gun Charges Attorney
Hire a Battle-Tested Defense Lawyer Specializing in Gun Charges to Help You Lessen The Impact of Your Arrest
Gun crimes, such as illegal gun possession or illegal sale of a firearm, carry substantial consequences, including fines and jail time. Do you need a criminal defense attorney because you’re accused of violating one of California gun laws? If so, contact My Rights Law gun charges lawyers for a free consultation as soon as possible.
- 1. The Right To Bear Arms
- 2. What Is Considered A Firearm?
- 3. What Is Criminal Possession Of A Firearm?
- 4. What Is An Illegal Sale Of A Firearm?
- 5. What Is The Illegal Transport Of Firearms?
- 6. What Is A Possession Of A Stolen Firearm?
- 7. What Is A Concealed Carry?
- 8. Penal Code 16590 PC What Is A Ghost Gun?
- 9. Penal Code 417 PC What Is Brandishing A Weapon?
- 10. Call My Rights Law’s California Gun Charges Lawyers Today
The Right To Bear Arms
The Second Amendment[1] gives the people the “right to bear arms.” The Second Amendment allows you to possess a firearm. However, some laws restrict this right. A prosecutor can charge you with criminal possession of a firearm, illegal sale of a firearm, illegal transportation of a firearm, possession of a stolen firearm, concealed weapon, ghost gun, and/or brandishing a weapon. Gun charges generally carry heavy penalties. The prosecutor can charge you with a misdemeanor. Frequently, mandatory sentencing may apply in cases involving firearms.
What Is Considered A Firearm?
A firearm is a gun such as a pistol, rifle, shotgun, sniper, rocket, taser, or similar device. However, a BB gun or a pellet gun are not considered firearms.
What Is Criminal Possession Of A Firearm?
Penal Code 29800(a)(1) PC: In California Most adults 18 and older are allowed to purchase and possess a firearm. However, certain people are not allowed to purchase or possess a gun, and doing so can amount to a crime of unlawful gun possession. People prohibited from purchasing or possessing a firearm include:
- Convicted felons
- People with two or more convictions
- Any person under the age of 18
- People with certain misdemeanor convictions
- People addicted to certain drugs[2]
- People suffering from certain mental illnesses
What Is An Illegal Sale Of A Firearm?
Penal Code 26500 PC: In California no person can sell, lease, or transfer a firearm unless the State has issued the person a license. For the Court to convict you of an illegal sale of a firearm, the prosecutor must prove that you:
- Knowingly sold, leased, or transferred a firearm to a person; and
- You did so without a valid license.
What Are Possible Penalties For The Illegal Sale Of A Firearm?
Violating this law is a misdemeanor[3], with each gun sold potentially being a separate charge. If the Court convicts you with the illegal sale of a firearm, the Court can sentence you up to 6 months in the county jail and fine you up to $1,000.[4]
What Are Some Exceptions To The Illegal Sale Of A Firearm?
Some exceptions to the illegal sale of a firearm law include:
- Police officers[5]
- Actors in movies using unloaded guns
- People who transfer guns temporarily at target facilities
- People who receive a gun at a gun repair shop
- A parent or grandparent who transfers a gun to their adult child or adult grandchild
- A spouse transferring their gun to their spouse
What Is The Illegal Transport Of Firearms?
The firearms transport laws differ depending on the type of firearm.
What Are The Handgun Transportation Laws?
Penal Code 25610 PC: a United States citizen over the age of 18 who is allowed to possess a firearm as mentioned above may transport a handgun by motor vehicle as long as it is unloaded and locked in the vehicle’s trunk or a locked container. Further, you must carry the handgun directly to and from any motor vehicle for any lawful purpose. While it is being carried, you must contain the handgun within a locked container.
What Are The Shotgun And Rifle Transportation Laws?
You are not required to transport shotguns and/or rifles in a locked container. However, it would be best to unload shotguns and rifles while you transport them.
What Are The Registered Assault Weapon Transportation Laws?
You may transport a registered assault weapon only between specified locations. It must be unloaded and stored in a locked container when transported.
What Is A Possession Of A Stolen Firearm?
Penal Code 25850 PC: it is a felony for you to possess a firearm that you know or should reasonably know was stolen.
What Is The Penalty And Sentencing For Possession A Stolen Firearm?
The penalty for this felony includes up to three years in prison and a maximum $10,000 fine.
What Is A Concealed Carry?
Penal Code 25400 PC: In California generally, you may not carry a loaded and concealed firearm in public without a license to do so.
What Are Concealed Carry Violations Laws?
The prosecutor can charge you with unlawful concealed carry if you knowingly:
- Carry a firearm capable of being concealed on your body, or
- Carry a firearm concealed within a vehicle under your control or in which you are a passenger.
What Do Concealed Carry Laws Apply To?
This law applies to guns that are capable of being concealed or hidden.
What Are The Penalties For Violating Concealed Carry Laws?
Depending on the circumstances, carrying a concealed firearm can be charged as a misdemeanor[6] or a felony. Without aggravating factors or any prior convictions, the Court will usually convict you with a misdemeanor and sentence you up to one year in the county jail. You can also be fined up to $1,000. If the Court convicts you with a felony for carrying a concealed weapon, you can be sentenced to up to three years in prison and fined up to $10,000.
Carrying a concealed weapon can become a felony if:
- You are an active member of a criminal gang[7],
- You cannot possess a firearm by law,
- You have a prior felony conviction,
- You have a prior conviction for any other California firearm offense, or
- The firearm was stolen, and you knew or should have reasonably known that it was stolen.
Penal Code 16590 PC What Is A Ghost Gun?
Penal Code 16590 PC: In California a ghost gun is a self-made firearm not registered with the state. It does not have a serial number. Ghost guns are also known as polymer 80 guns or 80% guns. They may be guns purchased in two parts and assembled by the purchaser. When unassembled, the parts are not considered firearms. Thus, they are easier to purchase and ship within the state and outside the state. Before assembling a ghost gun, it should be registered with California and receive a serial number to be legal.
Penal Code 417 PC What Is Brandishing A Weapon?
Penal Code 417: In California it is a crime to display a weapon or firearm in a threatening manner publicly.
How Does The Prosecutor Prove That You Were Brandishing A Weapon?
To prove that you brandished a firearm or a weapon, the prosecutor must prove that:
- The defendant drew or exhibited a firearm or a deadly weapon in the presence of another;
- The defendant did so in a rude, angry, or threatening manner or used the firearm or weapon in a fight; and
- The defendant was not acting in self-defense.
What Are The Penalties And The Sentencing For Brandishing A Weapon?
The prosecutor can charge you with either a misdemeanor or a felony for brandishing a weapon. If the Court convicts you with a misdemeanor, the sentence could be up to 30 days in the county jail. If the Court convicts you on any felony charges, the sentence could be to 3 years in the state prison.
Call My Rights Law’s California Gun Charges Lawyers Today
The defense attorney you choose can make the difference between having criminal charges dismissed or being severely punished. My Rights Law’s strong team of criminal lawyers have the resources and experience that enable us to pursue difficult cases yielding favorable results. We protect our clients through our expertise in the law and extensive experience in handling all misdemeanor and felony criminal cases including, but not limited to, alcohol-related crimes, drug crimes, violent crimes, domestic violence, sex crimes, crimes against children, theft crimes, juvenile crime, gun charges, property crimes, cybercrimes, driving offenses, public safety crimes, federal crimes, financial crimes, crimes against the government, crimes against justice, and inchoate crimes. We also specialize in restraining orders, pretrial diversion programs, and expungements.
If you are charged with criminal possession of a firearm, illegal sale of a firearm, illegal transportation of a firearm, possession of a stolen firearm, concealed weapon, ghost gun, and/or brandishing a weapon, you should consult with a lawyer for more information. The gun rights lawyers at My Rights Law have defended countless people against gun charges. To learn more, reach out to My Rights Law by calling (888) 702-8882 or through our secure form.
FOOTNOTES
[1] Second Amendment To The U.S. Constitution
[2] People v.Snyder (1982) 32 Cal. Supreme Court 3d 590
[3] California Penal Code 26500(b)
[4] California Penal Code 19 PC
[5] California Penal Code 26510 PC
[6] California Penal Code 25400(c)(7)
[7] California PC 25400(c)(3)
