Los Angeles Weapons Lawyers

In the state of California, weapon ownership and use are tightly regulated. This also means that any illegal possession or use of a firearm is typically seen as a serious felony. If you find yourself facing a weapons charge in the Los Angeles area, you must find a strong gun charges lawyer well versed in the nuances of weapons law.

What to Consider If You Own a Firearm in Los Angeles

Weapons charges are treated so severely that it is important to be fully aware of the risks associated with these charges. If charged, these convictions could lead to penalties that reach beyond the circumstances of the initial case. For example, if you are convicted of a felony during which a gun was used, the conviction could count toward California’s three-strike law. Under this law, two convictions mean double prison time, and if the charge counts toward a third, it’s three to 25 years in prison. You also want to be aware of the impact of a weapons charge if you are an immigrant. This raises the risk of potential deportation.

Two Categories of Weapons Charges

Weapon charges can be broken into two main categories. A misdemeanor weapons charge can carry up to 12 months and a maximum fine of $1,000. A felony can carry anywhere from one to 20 years in state prison. It is important to understand what restrictions are in place concerning gun ownership to avoid any potential issues. If you find yourself in a bad spot, securing an experienced Los Angeles defense gun lawyer can make all the difference.

Gun Possession Laws in California

In California, in general, any adult can legally possess a firearm. In California, you do not need a license to purchase a firearm. You can store your firearm at home or carry it around with you if kept in a locked container. Of course, there are circumstances where the possession of a firearm is specifically prohibited; these include:

• If an individual is a convicted felon
• If the person has two or more PC417 convictions (brandishing a firearm)
• If a person is addicted to a narcotic
• If a person suffers from severe mental illness
• If a person was convicted of certain misdemeanor crimes
• If the person is under the age of 18

California Gun Possession Laws Are Strict

Given the strict guidelines for those who possess a firearm in Los Angeles, California, it is important to be aware of the different laws outlined concerning gun possession and the potential weapon charges that could be faced.

• Felony Possession of a Firearm—PC29800 (penal code): This charge is associated with an individual who has a felony on record or meets certain misdemeanor situation requirements. This can also be applied to individuals who are addicted to drugs. If convicted of this felony, an individual could lose their second amendment right for ten years, or in other cases, life. If a minor is faced with this charge, they can be banned from owning a firearm until they are 30 years of age.
• Illegal Concealed Carry—PC25400: To carry a concealed firearm in the state of California, you must have a valid conceal-carry permit. With this charge, a prosecutor must be able to prove that you knowingly concealed the weapon. It is also important to note that if the firearm was unloaded and locked with a container or in the trunk of a vehicle, it is not a concealed carry violation. You also can’t be charged if it is a non-concealable firearm such as a rifle or shotgun. If found in violation, it is a misdemeanor offense that could be punishable with up to a year in county jail and a fine of up to $1,000. Depending on circumstances, this can also be seen as a felony if the individual has prior felony weapon charges, is gang associated, or if the gun is illegally possessed. If charged with a felony, an individual could receive 16 months to three years in jail and be fined up to $10,000.
• Carrying a Loaded Weapon in Public—PC2580: It is a crime to carry a loaded gun on your person or in a motor vehicle. This includes finding a random bullet in the chamber or attached to the gun through a clip or magazine. Even if the gun is non-functional, you can still be charged. To be found guilty, you must have been aware that the gun was loaded. The penalties for carrying a gun follow the same guidelines as illegal concealed carry. It is important to note that you could be charged with both crimes depending on the circumstances. This can then lead to facing double time.When it comes to a loaded weapon in your vehicle (PC 12031), an experienced defense attorney can provide you with potential defensive strategies, such as if the arresting officer lacked probable cause to pull you over if they lacked reason to search. They can also argue self-defense or the simple truth that you may not have realized the weapon was loaded.