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.
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.
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.
: 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:
: 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:
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]
Some exceptions to the illegal sale of a firearm law include:
The firearms transport laws differ depending on the type of firearm.
: 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.
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.
You may transport a registered assault weapon only between specified locations. It must be unloaded and stored in a locked container when transported.
: it is a felony for you to possess a firearm that you know or should reasonably know was stolen.
The penalty for this felony includes up to three years in prison and a maximum $10,000 fine.
: In California generally, you may not carry a loaded and concealed firearm in public without a license to do so.
The prosecutor can charge you with unlawful concealed carry if you knowingly:
This law applies to guns that are capable of being concealed or hidden.
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:
: 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.
: In California it is a crime to display a weapon or firearm in a threatening manner publicly.
To prove that you brandished a firearm or a weapon, the prosecutor must prove that:
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.
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 (909) 340-2000 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)
This page was written, edited, reviewed, and approved by Bobby Shamuilian.
Attorney Shamuilian is the managing partner and founder of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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