Los Angeles Firearms Defense Lawyer
In California, the local government treats illegal gun possession harshly. A person convicted of felony gun charges will receive severe penalties and a hefty amount of fines if caught handling an unlawful firearm. A felony conviction can have your right to own a gun revoked for life.
The legal system doesn’t always take into account the specifics of each case. Without a lawyer, it’s easy to fall victim to its complexity. When you are accused of unlawful gun possession, you must speak with an experienced defense lawyer as soon as possible.
Our Los Angeles firearms defense lawyer is committed to defending your rights and freedom. Our Los Angeles firearms defense law firm will work tirelessly on your behalf. If you are facing firearms charges in Los Angeles, you should hire an experienced Los Angeles firearms defense attorney by your side to help you deal with these types of charges. You shouldn’t be dealing with these types of charges alone. These charges carry serious consequences that could affect your career and reputation if you’re convicted.
Why Should You Hire a Los Angeles Firearms Defense Lawyer?
Los Angeles firearms defense attorneys are knowledgeable in local statutes about firearms law. Hiring one can significantly help you with your case. Our criminal defense lawyer is ready to assist clients in need.
Our Los Angeles criminal defense attorney will conduct an in-depth review of your case. They will take a careful look at your situation and create an appropriate defense strategy. Our firearms defense lawyer will protect you from wrongful accusations.
Firearms law can be confusing for most people. Firearms defense lawyers will ensure that you understand what is going on in your case. Our defense lawyers will discuss available legal actions for your case, and they will help you weigh the options you have.
Our experienced defense lawyer will help you collect the necessary evidence for your case. We will do our best to help you avoid penalties and convictions. Hiring a Los Angeles defense lawyer will ensure that your case is continuously moving and making progress.
Understanding Gun Possession Laws in California
It’s essential to understand the existing laws on gun use and possession. This will help you know your rights and limitations. There are many regulations established under California law about the proper use of firearms. Listed below are the existing statutes of appropriate gun ownership.
Firearm dealers cannot sell to minors under 21 years old. Even the selling and buying of firearms is a lengthy process. Once an individual owns a gun, they are already subjected to state and federal regulations.
The following statutes are established to monitor gun possession:
- Penal Code 26350: Regulates carrying of an unloaded weapon;
- Penal Code 25850: Regulates the carrying of a loaded firearm;
- Penal Code 16590: Prohibits the possession of certain firearms;
- Penal code 30600: Prevents individuals from transporting and selling assault weapons;
- Penal code 30605: Bans the use of an assault or deadly weapon.
Restrictions are placed for individuals convicted of certain misdemeanor offenses or other crimes. These include crimes involving domestic violence or physical abuse. Individuals with past criminal records may not be eligible to own a firearm in the United States.
Who Are Allowed to Possess a Gun In California?
The Second Amendment states that people over the age of 21 years old may carry a firearm. But, there are certain restrictions in gun ownership under California Firearm laws. The law requires individuals to have a valid handgun safety certificate before obtaining a gun.
Who Are Prohibited to Possess a Gun In California?
California restricts specific individuals from possessing a gun. Individuals with previous felony convictions and drug charges are not allowed to carry a firearm. Some misdemeanor charges, such as corporal injury to a spouse, may invalidate an individual from claiming a gun.
Individuals with mental illness and underaged minors are also not allowed to get a gun. California’s red flag law will enable employers, coworkers, or teachers to issue a gun violence restraining order from suspected people.
We Handle Crimes Related to Carrying a Firearm in California
Our expert criminal defense attorney provides legal assistance against a wrongful accusation of having illegal firearms. Our defense lawyer has years of proven experience defending clients from various criminal defense cases. We can help you by establishing a solid case to support your position in the case.
We defend clients against the following crimes:
- Carrying a concealed gun: Under PC 25400, this crime can be charged as a misdemeanor or a felony. This will depend on the nature of the crime. If you have previous criminal convictions, your charges will escalate to a felony.
- Bringing a loaded firearm in public: PC 25850 states that an individual cannot carry a loaded gun in public places. Licensed individuals can store their weapons in the trunk of a vehicle or a properly locked container.
- Possessing a firearm in a sterile area: California law prevents individuals from carrying a gun in ‘sterile areas.’ Other than firearms, a person cannot bring box cutters and stun guns in these areas.
- Knowingly possessing a firearm in public transit: California law prohibits individuals from bringing a gun. This is punishable by six months in county jail and a $1,000 fine.
- Carrying a firearm on school grounds: According to PC 626.9, no person can carry firearms within a school area. Bringing a gun within 1000ft of a school zone can result in a felony conviction.
Sentencing And Other Penalties for Gun-Related Offenses
The possession of illegal firearms can result in a misdemeanor or felony conviction. The court will assess the severity of your case and other contributing factors. Felony convictions have heavier charges than misdemeanor convictions.
A misdemeanor is punishable by up to one year in Los Angeles county jail and a $1,000 fine. Misdemeanor convictions are more serious than an infraction but less severe than a felony. Some examples of misdemeanors are selling a gun without a license and carrying a concealed weapon.
A felony is punishable by imprisonment of more than one year in California state prison and up to a $10,000 fine. A misdemeanor offense can progress to a felony if the defendant is a convicted felon with a prior criminal history.
Carry Concealed Weapon Permit (CCW) And How to Qualify for This
Penal Code 25400 prohibits anyone from carrying a concealed firearm. However, individuals with a Carry Concealed Weapon Permit (CCW) may bring a concealed gun. In most cases, carrying a concealed firearm is a misdemeanor offense. Still, a convict with a prior felony conviction may be charged with a felony.
A person may obtain a CCW if they meet the following criteria:
- An individual will only bring a gun for self-defense or the security of an immediate family member in danger.
- An individual must meet specific residency requirements to receive a CCW.
- An individual should also complete a course on firearms training.
- They should also possess a good character to prevent gun misuse.
A CCW permit can only be issued by a county sheriff or the chief of a municipal department. This permit is the only way a regular citizen could bear a concealed firearm.
The Process of Buying, Selling, And Registering Guns in California
Penal Code 26700 requires sellers to get a license to sell firearms. In addition to the requirement, a dealer must also have a business license from their local government to operate a gun shop. They should also have a seller’s permit issued by the State Board of Equalization.
In California, only a licensed dealer is allowed to sell firearms via private transactions and gun shows. Per PC 27510, licensed dealers cannot sell firearms to individuals below 21 years of age. The California state law requires a 10-day waiting period before a buyer can take ownership of the gun.
Gun owners must register their firearms by submitting a completed Firearm Ownership Report Application. A firearm dealer will process the gun registration in most cases, so the owner does not need to go through this process. But, individuals who are moving from another state to California are required to declare their gun ownership.
Firearms Storage And Transport
Individuals who legally qualify to own a gun must follow specific procedures to store and transport a firearm. Gun transport varies from the type of gun an owner has.
If the owner has a concealable handgun, they should ensure that the handgun is unloaded. They should place their gun inside a locked trunk. Transporting a loaded firearm is a crime in California.
Non-concealable firearms should always be unloaded. It’s not an issue if an unconcealable gun is not kept in a locked container as long as it is unloaded throughout the transport.
Assault firearms such as assault rifles should always be unloaded. Owners should always keep these firearms inside a locked container. A licensed individual can only transport an assault firearm in specific places.
Six Places Where Guns Are Prohibited in California
According to California Law, there are six places where guns are restricted. The places where guns are off-limits are as follows:
- School grounds: Penal Code 626.9 prohibits the carrying of firearms within 1000 feet of a school zone. In California, bringing a gun in a school zone is a felony punishable by up to seven years of imprisonment.
- Public establishments: Penal Code 171(b) restricts carrying a gun in public meeting places. This is a wobbler offense. Misdemeanor offenses are punished by up to one year in county jail. A felony offense, on the other hand, is punishable by up to three years in state prison.
- Government establishments: Penal Code 171 (c) sets restrictions for gun owners to bring their firearms within a government establishment. Punishment for this offense follows that of bringing a gun in public places.
- The Governor’s Mansion: Gun owners are also not allowed to bring a gun in The Governor’s Mansion per Penal Code 171 (d). Punishments for this crime will follow that of bringing a weapon in government establishment.
- Passenger vessel and airport terminals: Penal Code 171.5 limits owners to bring a gun in transportation terminals. This is a misdemeanor offense punishable by six months in county jail and a $1,000 maximum fine in California.
- Public transit facilities: Penal Code 171.7 prevents owners from bringing a gun in sterile areas such as public transit facilities. This is a misdemeanor crime with the same punishment as carrying a firearm in transportation terminals.
Restrictions on Ammunition, Guns, And Gun Accessories
The state of California is very strict with its gun ownership law. But they also set up legal restrictions when buying gun accessories and ammunition. Breaching these established laws is punishable by the law.
- Penetrating bullets: Penal Code 30315 prohibits the use of armor-piercing bullets or bullets that can penetrate metals. This is a wobbler offense. Misdemeanor offenses are punishable by up to one-year imprisonment. At the same time, felony charges are punished by three years imprisonment and a $5,000 fine.
- Gun Silencers: Penal Code 33410 states that owning a silencer is a violation of the law. Owning a silencer is a felony offense punishable by up to three years imprisonment in county jail and $10,000 fines.
- Stun Guns: Owning a stun gun is generally legal in California. However, some specific individuals are not allowed to obtain a stun gun. Penal Code 22610 restricts the following individuals to own a stun gun.
- Convicted felons;
- Have a previous background in stun gun misuse;
- Addicted to narcotics;
- Under 16 years of age.
- Laser pointers: In California, it is illegal to aim laser pointers threateningly as stated in Penal Code 417.25. Violators are charged with a misdemeanor offense. This crime is punishable by up to thirty days imprisonment in county jail.
Restoring Your Gun Rights After a Criminal Conviction
A convict may be able to restore their gun rights after a criminal conviction. A victim and his lawyer can do this in two ways. A victim may petition to have their ‘wobbler’ felony charge reduced to a misdemeanor, or they can request a pardon from the California governor.
- Reduction to a misdemeanor: If a victim is found guilty of a felony, they may permanently lose their right to own a gun. But, a victim can prevent this if their lawyer successfully reduces a wobbler charge to a misdemeanor.
- Receiving a pardon: A California resident may request a pardon by obtaining a California Certificate of Rehabilitation from the superior court.
Know Your Rights in a Gun Arrest Possession in Los Angeles, CA
If you face wrongful firearms convictions in California, you might face one year in Los Angeles county jail. Convicts have several rights when they are facing illegal gun ownership charges. Police officers should read a victim the Miranda Rights to inform them that they have the right to remain silent.
A victim cannot be arrested without a warrant of arrest. They can also refuse a search if the responding officer doesn’t have a search warrant. Your defense lawyer should be able to inform you about your rights when facing illegal gun ownership charges. To know more about your rights when facing firearms charges in Los Angeles, CA, contact our Los Angeles firearms defense lawyer.
Why Choose Los Angeles Criminal Defense to Handle Your Wrongful Firearms Charges?
Choosing the right legal firm to handle your case can help prevent criminal convictions. Your defense lawyer should be able to explain your case properly and help you explore available legal options. Our defense lawyer can help you with these.
Our criminal defense law firm has successfully helped many clients in the past. We successfully defended clients accused of a gun possession crime in the past. We received many client commendations because of the result we successfully delivered.
Our criminal defense attorney has a profound understanding of California’s gun laws. We’ll create a defense strategy that will help you achieve the best outcome for your case. Contact us now for a free case evaluation.
Los Angeles Firearms FAQs
An accused individual can use the following defenses to support their case. Your defense lawyer should be able to devise an effective defense strategy specific to your case.
- You have a reason to possess a gun out of self-defense;
- You secured your gun, but it fired off anyway, probably caused by a gun defect;
- You are not the owner of the gun;
- The responding officer did not follow the constitution when they searched you for a gun;
- The police inappropriately arrest you without a warrant.
California law places a ban to sell, manufacture, or use the following types of gun and firearms accessories:
- Short-barreled shotguns;
- Firearms that security cannot detect;
- Firearms that cannot be recognized as one;
- Unconventional pistols;
- A cane gun;
- A wallet gun;
- A zip gun;
- Firearm containers that have camouflage design;
- Exploding bullets;
- Multiburst triggers.
Gun owners should register their ghost guns or privately made guns. These guns must have a unique serial number. This number will help the authority to identify the gun.
Certain criminal convictions prohibit an individual from possessing a gun. If you are unsure of your eligibility, you can request a Personal Firearms Eligibility Check to the Department of Justice.
A gun owner can only carry their gun across state lines after it goes through a licensed gun dealer. They will conduct a procedure to verify if you are eligible to carry a gun outside California.
Yes, but it’s illegal in California to store a gun with a minor who can access the weapon. The state requires owners to have a trigger lock or a gun safe to prevent accidental firing.
Call a Top-Rated Los Angeles Firearms Defense Attorney Today for a Free Consultation
If you or someone you know is wrongfully arrested for illegal gun possession, you should contact our defense attorney right away! Early intervention can help prevent criminal convictions. Our lawyer will help you reduce your charges if a conviction is unavoidable, so you don’t have to suffer serious punishments.
Call us now at 888‑885‑8844 for a free case evaluation. You may also fill up our contact form to schedule a free consultation with our Los Angeles firearms defense attorney.