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California Unlawful Transport Of A Firearm Attorney – Penal Code 25610 PC

Will My Rights Law’s Gun Charges Lawyer Help Me Beat An Unlawful Transport Of A Firearm Charge?

These days, millions of California residents carry guns. But, in California, it’s unlawful to transport a firearm if you’re under eighteen and the unloaded gun is out in the open. If an officer has arrested you or the state has accused you of committing this crime, you should speak to a California criminal defense attorney as soon as possible. You should also continue reading this article to learn more about this California gun law.

California Unlawful Transport Of A Firearm Lawyer

If you are charged with unlawful transport of a firearm in California, promptly retain a criminal defense lawyer. My Rights Law gun charges lawyers are here for you and will help to make sure that your rights are protected. We are ready to fight the charges on your behalf and know how to harness powerful, effective defensive strategies that could make all the difference in your criminal case. So, if you have been charged with a gun crime in California, call My Rights Law at (888) 702-8882 or contact us through our secure web form for a free, confidential consultation.

What Is Unlawful Transport Of A Firearm?

Under California law, you may lawfully transport an unloaded firearm if:

  • You’re at least eighteen,
  • The law hasn’t banned or restricted you from carrying, buying, or selling guns,
  • You’re in California,
  • You’re carrying to and from a motor vehicle with a lawful purpose, and
  • The gun is in your motor vehicle’s trunk or a locked container in your motor vehicle.[1]

What Are The Penalties For Unlawful Transport Of A Firearm?

This crime is a wobbler offense. That means that a prosecutor can charge you with a misdemeanor or felony.[2] If a judge or jury convicts you of a misdemeanor offense, you can serve up to one year in county jail, pay up to a $1,000 fine, or serve probation. If a judge or jury convicts you of a felony, you might serve up to three years behind bars, pay upwards of $10,000, or both.[3] A judge may impose other conditions, all of which can negatively affect your employment and freedom.

What Are Viable Defenses To Unlawful Transport Of A Firearm?

Now that you know the consequences for violating this gun law, you probably want to know which defenses are at your disposal. When deciding which defenses are best, it’s important to remember which elements a prosecutor must prove to convict you. Then, your attorney will go over the particulars of your case to see which strategies are likely to have the greatest outcome. Representing yourself against the state is not ideal. Legal jargon is challenging to understand, and building defenses around cases takes endless hours of research. This is why it’s always advisable to seek legal counsel whenever you run into trouble with the law.

We understand that you’ll want to know at least some of the arguments a seasoned attorney may make on your behalf. Below are some defenses that attorneys use, generally, for unlawful transportation of firearm cases.

False Accusation

As you know, witnesses make mistakes all the time. Witnesses can misremember your face, your clothes, and what you did or didn’t do. Someone may have unlawfully transported a gun, but it doesn’t mean that someone was you. Furthermore, it’s unfortunate that some witnesses lie—but some do, just the same. Perhaps you exchanged words with someone, and that person now has it out for you. A good defense attorney will see through any lies or ulterior motives that a shady witness has and expose them. Whether a witness makes a false accusation innocently or intentionally, it can be enough for a judge or jury to convict you.

Necessity

Let’s face it. We live in a dangerous world. Many people carry guns out of fear. They fear being victimized by a violent crime. Yet, fear alone is hardly a defense here. Necessity, however, is a lawful defense. A judge or jury will decide whether your circumstances made transporting a firearm necessary, but here are a couple of examples.

Suppose you wave goodbye to your wife and children as they go to work and school. Then, mere hours later, someone calls, saying you’ll need to bring $20,000 by 2 p.m. if you want your family unharmed. The caller adds that you better not alert the police. You know you have a gun in your car’s glove department. But once you get inside your car, you realize that you have no clue whom you’re dealing with, and you want your gun to be at the ready in case anything tricky goes down. Therefore, you put it in the passenger’s seat. In this case, a judge or jury may agree that circumstances left you with no other choice than to transport a firearm.

What if you were in the middle of safely unloading and putting away your gun when you saw a kidnapping occur? You jump in your car and chase after the culprit without thinking. Because you reacted on instinct, you didn’t think to put your gun away (so it’s still on you as you drive), and bullets are in it still. In a situation like this, a judge or jury may concede that you transported a firearm as a matter of necessity.

Fourth Amendment Violation

Our Constitution states that an officer can’t stop your vehicle and search it without reasonable suspicion.[4] For reasonable suspicion to be present, an officer must be able to point to specific facts that, taken together, rationally suggest you’re about to commit or have committed a crime. For example, if an officer sees you swerving down the road, she has reason to believe you might be drunk or having a medical episode. If so, she may stop you. Now suppose she sees a gun on your dashboard after stopping you. An officer can arrest you for a crime that’s completely separate from why she stopped you.[5]

Remember that exceptions do apply to the reasonable suspicion rule, and other defenses are available, so you should speak with an attorney before moving forward.

How Can My Rights Law Help You?

Whenever you’re faced with a felony charge, you’ll want to consult seasoned, California-gun-law criminal defense attorneys. Thankfully, we at My Rights Law are those well-informed attorneys, and we fight passionately on your behalf. What’s more, you’ll want attorneys who have the time to devote adequate energy and resources to your case. Public defenders are zealous lawyers, but they’re usually too bogged down with heavy caseloads to give your serious matter the attention it deserves. Don’t risk getting lost in a stack of papers.

Call My Rights Law instead. We have years of results you can trust. Call us at (888) 702-8882 or complete our secure web form for a free consultation.

Other gun charges crimes we defend include: Possession Of A Stolen Firearm, Unlicensed Sale Of A Firearm

AR15 photo courtesy of The Firearm Blog.

FOOTNOTES
[1] Refer to CA Penal Code 25610.
[2] Refer to CA Penal Code 25610.
[3] Refer to People v. Hodges, (1999) 70 Cal. App. 4th 1348.
[4] Refer to CA Penal Code 833.
[5] Refer to CA Penal Code 25400.

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