Laws and regulations regarding the possession and use of weapons in the state of California can be complex. Often, you may not even realize you are breaking a rule until it is too late.
At the Law Offices of Graham D. Donath, APC, our Riverside weapons charges lawyers know a simple mistake can lead to steep fines, community service, and even loss of custodial rights. That is why we work hard to clear your name and minimize any charges.
Depending on the number of prior offenses you have or the circumstances surrounding the crime, you may be charged with a misdemeanor or felony. Unfortunately, many weapons charges in California are classified as felonies. If it is your first offense, you may only be charged with a misdemeanor. The state of California charges these crimes differently.
As mentioned, punishments can vary from case to case. However, below are some general California guidelines for certain assaults with a deadly weapon. Consult with a Riverside assault with a deadly weapon lawyer as soon as possible to prepare a diligent defense.
If you are charged with a weapons-related crime, the defense we craft for you depends on your individual circumstances. However, there are a few general defenses our Riverside weapons charges attorneys can take to the prosecution:
When we look at Penal Code 29800 PC in California, we can see that convicted felons are prohibited from owning, purchasing, or possessing firearms. When we look directly at the language contained within 29800 PC, we can see that it states that “Any person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country…or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.”
In addition to felons being prohibited from owning or possessing a firearm, there are also other groups of people that are not allowed to possess a deadly weapon in California. This includes the following:
California is considered a “may-issue” state when it comes to concealed weapons permits. These applications are based on a person’s justified need and suitability to own a firearm. Licenses are issued by the county sheriff’s offices or local police stations.
In order for a person to obtain a concealed weapons permit, a person who is 21 years of age or older must complete the following:
Though controversial, a person needs to have a “good cause” for carrying a firearm in order for them to obtain a concealed carry permit. Many people write down that they are obtaining a firearm concealed carry permit for the purposes of self-defense. This answer may or may not be accepted, depending on the issuing agency. It is important to have a valid reason for concealing a firearm in California before the agency will issue a permit.
We also want to point out that, as part of the application for a concealed carry permit with a local law enforcement agency, you will be fingerprinted, and the agency will conduct an FBI background check on you. If there is anything that the law enforcement issuing agency does not like, or if something seems off on your background check, they may decline your application.
California may issue concealed carry permits to California residents, individuals who work in the state, and active-duty military members presently stationed in California. If a person does not live for work in the state of California, they will be prohibited from obtaining a concealed carry permit from the state.
California does not honor other states’ concealed carry permits. If a person has a California concealed carry permit, they can currently carry their firearm concealed in 11 other states throughout the country. However, handling the firearm must be done in accordance with the laws of the other states, not California laws.
Even if a person does have a concealed carry permit and is carrying their firearm legally in the state of California, there are still six places in this state where a person cannot bring a firearm. This includes:
In the state of California, many people wonder whether or not they can openly carry a firearm. This debate has resurfaced, particularly as other states across the country have begun to allow open carry (some states have already allowed this for some time). The law in California makes it illegal for a person to openly carry a gun. This includes guns that are loaded and guns that are unloaded.
The penalties for assault with a firearm will vary depending on the type of firearm used as well as the class of the victim in the case.
In addition to assault with a firearm charges, the state of California bans a person from possessing, making, or selling specific types of firearms. This includes the following:
The gun laws in California generally state that most adults aged 21 and older have the right to buy, own, and possess a gun. There are various state laws that do prohibit Californians from acquiring or possessing firearms. This includes those convicted of felonies as well as those who are addicted to narcotics. In addition, as mentioned above, any person with certain types of firearms convictions will not be able to legally purchase or possess a gun.
California prohibits licensed gun dealers from doing any of the following in relation to a person under the age of 21:
The gun laws in California are applicable to every person in the state, including nonresidents. Any person with a concealed carry permit in a different state will not be allowed to carry a concealed weapon in California. As we mentioned above, the state does not offer reciprocity to other states’ concealed carry permits.
If a person does have a legal gun on them, they can drive into California with the gun, but a pistol, revolver, or other firearm cannot be loaded, and it must be stored in a locked container while in the vehicle. Guns that cannot be concealed, like a shotgun, will not have to be in a lot container, but they cannot be loaded while in transit.
If you plan on traveling to California by airplane, you need to know that all travel will be regulated by the Transportation Security Administration (TSA), which is a national agency in charge of air transportation.
Even if an airplane is not leaving California’s borders, any transportation of firearms through the air will be regulated by the TSA. That said, traveling on an airplane with a gun is legally permissible. Guns and ammunition must be kept in checked luggage. Under no circumstances can a gun or ammunition be present in carry-on luggage on an airplane. Firearms must be declared when a person checks in, they must be unloaded, and they must be inside of a hard-sided locked container. The passenger must provide a combination or key to the TSA upon request so the firearm can be examined.
When you are charged with a weapons-related crime, it is essential that you obtain expert legal counsel as soon as possible. Be polite and courteous to the arresting officer, but do not offer him or her any information or sign any documents before your representation arrives. Our Riverside weapons charges attorney are committed to providing aggressive legal representation to secure you the best outcome possible. If you have any questions or would like to schedule an initial consultation, contact our criminal defense lawyer for more information.