In California, you can purchase a handgun if you are 21 or older and a rifle if you are 18 or older, unless you are a drug addict or have a felony conviction on your record. However, even if you can legally possess a firearm, several gun control statutes restrict its use. You risk charges and severe penalties upon conviction for concealed carry without a concealed carry weapon (CCW) permit, brandishing a gun, open carry, or bringing a weapon in a restricted area.
A guilty verdict carries lengthy sentences, hefty fines, loss of constitutional rights, and a record that attracts severe collateral consequences. So, start preparing your legal defenses immediately after arrest by retaining the services of a competent gun offenses attorney. At CCLG: Los Angeles Criminal Attorney, we will build a robust defense for a fair verdict.
Understanding California Gun Crimes
If you are at least 21 years old, you can buy a gun without the need for a permit, except if you are a felon or a narcotics addict. Besides, you can carry your firearm in your car in an enclosed container. However, the state has strict gun control laws that prohibit the unlawful use or possession of guns. The common California gun offenses you could face include:
Concealed Carry
California PEN 25400 prohibits carrying a concealed or hidden weapon on your immediate person or in your car. Even with a CCW permit, you are restricted from bringing a hidden gun to a particular public location. The prosecutor will secure a guilty verdict for these charges if they can demonstrate beyond a reasonable doubt that:
- You carried a gun in your hand, pocket, or purse, or hid it in your car
- The gun was hidden or concealed
- You were aware of or conscious of the gun’s presence
The firearms that apply to this statute are those used as weapons, expel projectiles using force, explosion, or combustion, and have a barrel of at most 16 inches in length. You should know that you cannot face counts for PEN 25400 violations for non-concealable guns like shotguns, handguns, and rifles.
Typically, concealed carry is a misdemeanor whose guilty verdict carries at most twelve months of confinement incarceration and no more than $1,000 in monetary court fines. However, the offense becomes a wobbler if you have a prior misdemeanor sentence for an offense committed against a person or property, a dangerous or drug crime. Besides, the offense becomes a wobbler if the weapon was loaded when you concealed it, and you are not a registered gun owner. When these circumstances apply to your case, you will face at most twelve months of incarceration and at most $1,000 in court fines for a misdemeanor conviction. A felony carries 16 months, two, or three years of prison confinement and a monetary court fine of no more than $10,000.
Additionally, when you have a prior firearm offense or felony conviction, you will face a sentence enhancement of at least three months. However, it could be extended to six if the prior sentence is for brandishing a gun, assault with a deadly or lethal weapon, or firing at an occupied structure or vehicle.
The DA will charge your offense as a direct felony if you did not legally possess the firearm, you have a criminal history of a felony or gun offense, you are an active gang member, the firearm was stolen, or you possessed it illegally. A felony carries 16 months, 2, or 3 years of prison confinement and no more than $10,000 in court fines. Additionally, the law enforcers will confiscate your weapon, and you will lose your gun rights.
Carrying a Loaded Firearm in Public
Another gun crime you could face counts for is outlined under PEN 25850(a). The statute criminalizes carrying or possessing a loaded handgun on your immediate person or in your vehicle. When the prosecutor charges you with the crime, they must demonstrate that:
- You had a firearm in your immediate person, like a purse, hands, or pocket, or in your car
- The firearm had unused cartridges on a clip or in a magazine attached to it, or in a shooting chamber
- You were aware of the presence of the loaded gun
- You brought the gun to a public setting
However, you are exempt from charges under this statute if:
- You are actively engaged in the military or honorably retired from the military
- You transport money or are an armed private security guard
- The weapon in your possession was a hunting firearm, and you possessed it lawfully
- You are a CCW license holder
- You are a law enforcer
A PEN 25850 is a misdemeanor whose guilty verdict carries at most twelve months of confinement and $1,000 in court fines. If you have a misdemeanor conviction record, the offense becomes a wobbler, allowing the DA to file it as a felony or misdemeanor. The penalties for a felony include no more than 36 months of confinement and no more than $10,000 in court-imposed fines.
Assault Using a Firearm
Assault is the unlawful use or attempt to use physical force on an individual. PEN 245(a)(2) imposes enhanced penalties for people who commit the offense of assault using a gun. The DA must prove the following facts for the court to impose the enhanced penalties:
- You utilized a gun in a fashion that could lead to the use of force against another individual, even if the party does not sustain injuries.
- You acted willfully in a way likely to result in the application or use of force
- A reasonable person in your position would have known that the actions would lead to the application of force.
- You possessed the present ability to utilize force against the victim
The law does not require the prosecutor to identify the victim. So, you still risk conviction if you brandish the weapon in front of a crowd.
The type of charges and penalties you face for the violation depends on the nature of the weapon used. When the weapon for the alleged crime is a .50 BMG rifle or a machine gun, you will attract felony charges whose guilty verdict carries four, eight, or twelve years of prison confinement.
You will face felony penalties that include three, six, or nine years of imprisonment if the firearm used for the assault is a semi-automatic.
Assault committed with a generic firearm is filed as a wobbler, while one committed using a machine gun, assault weapon, or .50 BMG is an automatic felony. A misdemeanor sentence carries six to twelve months of confinement, while a felony attracts 24, 36, or 48 months.
Assaulting a law enforcer or protected individual with a firearm is also a felony punishable by four to twelve years of imprisonment.
When the victim of the assault involving a gun is a school worker, the violation is a wobbler with a misdemeanor carrying no more than twelve months in jail and a felony carrying two to eight years of confinement in a state prison.
Brandishing a Gun
Per PEN 417, it is illegal to discharge, show, or utilize a gun or a lethal weapon threateningly, angrily, or rudely. The prosecutor proves a PEN 417 violation by showing the court beyond a reasonable doubt that these factors exist in the case:
- You brought out, brandished, or drew your gun or any lethal weapon that could inflict significant bodily harm or death
- Someone else was present when you pulled out the weapon
- You brandished the gun or lethal weapon in a rude, angry, or intimidating fashion
- You utilized a gun or weapon in a fight
- You were not defending yourself or another person
The offense is deemed complete by the court if the DA shows that you, the defendant, had malicious intent when you pulled out your gun or weapon, even if the said victim did not see it.
Most PEN 417 violations are misdemeanors whose guilty verdicts attract three to twelve months of confinement and at most $1,000 in court fines. You face these misdemeanor charges and penalties if you exhibit a concealable weapon in a setting open or accessible to the general public.
A violation of PEN 417 is still a misdemeanor even if it happens in a school setting. However, when children are present in a daycare, the offense becomes a wobbler. Under the circumstances, the DA can file felony or misdemeanor charges contingent on your criminal past, the type of weapon in question, and the victim’s classification.
The aggravating circumstances that will prompt the DA to file felony charges are:
- Inflicting physical injuries when brandishing a gun
- Drawing a gun against a car occupant
- Drawing a firearm at a child or minor
- Pulling out a weapon at a law enforcer or a protected party engaged in official duties
As a felony, a PEN 417 contravention carries sixteen, twenty-four, or thirty-six months of imprisonment and a financial court fine not exceeding $10,000.
Pulling out a gun on a law enforcer to resist arrest is a direct felony under PEN 417.8. A conviction leads to an enhanced penalty of 24, 36, or 48 months of confinement in prison.
Illegal Firearm Sale
California PEN 26500 criminalizes the lease, sale, or transfer of licenses without a valid permit. A licensed dealer must conduct all sales of guns. A licensed dealer must have:
- A valid national government license
- A business or regulatory permit issued by the local authorities
- A valid seller’s license issued by the California Equalization Board
- An Eligibility Certificate issued by the Justice Department of California
You should satisfy these conditions to qualify for a permit to sell or lease guns. If you are arrested for these activities without a lawful permit, you will face misdemeanor charges that carry twelve months of incarceration and $1,000 in fines.
Possession or Control of a Gun By a Felon
Even though it is legal to possess a gun in California, PEN 29800 prohibits narcotics addicts, convicted felons, and individuals convicted of particular misdemeanors from gun ownership or control.
The federal statutes also prohibit these individuals from gun possession:
- Fugitives of criminal justice
- Illegal aliens
- Individuals with renounced citizenship
- An individual dishonorably discharged from the military
- A person with an active court order for stalking
- An individual indicted in court for a violation that attracts at least twelve months of confinement
If you belong to any of the above categories, you risk gun offense charges for buying, controlling, or owning a gun. However, the prosecutor should demonstrate that you knew of the weapon’s presence.
A PEN 29800(a)(1) violation is a felony whose guilty verdict attracts 16, 24, or 36 months in jail and up to $10,000 in court fines.
Handling Generally Prohibited Weapons
PEN 16590 criminalizes the production, lending, control, or sale of generally prohibited weapons. Attempting to engage in these acts can also attract charges and a possible conviction. During prosecution, the court must demonstrate that you were aware of the nature of the weapons. Examples of these weapons include, but are not limited to:
- Unconventional pistols
- Wallet guns
- Undetectable firearms
- Camouflaged gun containers
- Large capacity magazines
Dealing with these other weapons prescribed under PEN 16590 is a wobbler. A misdemeanor attracts no more than twelve months of incarceration and $1,000 in court fines, while a felony carries at most 36 months of incarceration and no more than $10,000 in court fines.
Drive By Shooting
California PEN 26100 prohibits firing a gun when in a vehicle. The aspects of the crime that the prosecutor must prove to secure a guilty verdict are:
- You deliberately or willfully allowed someone to carry and fire a gun while inside
- You deliberately fired a gun at someone in a car you occupied
Depending on your case’s facts, the DA can automatically file a felony, misdemeanor, or wobbler. Letting someone else fire a gun from inside your car is a misdemeanor that carries no more than $1,000 in court fines and jail incarceration for at most twelve months. If you shoot a gun in person from a car towards someone else, you face a direct felony charge. The jail term for a felony sentence is at most 36 months and monetary court fines not exceeding $10,000.
When you cause injuries to another party after shooting from a car, you also face felony charges. A conviction attracts no more than 84 months of prison confinement and loss of gun rights.
Shooting at an Inhabited Dwelling
PEN 246 prohibits individuals from firing a firearm at an occupied structure, occupied dwelling, inhabited house car, or aircraft. The aspects of the case that the prosecutor must demonstrate when prosecuting a PEN 246 contravention are:
- You deliberately and maliciously drew a firearm
- You fired the gun directly towards an occupied building, a car, a house, a dwelling, or an aircraft
The offense is a felony whose guilty verdict attracts formal or felony probation, imprisonment for 36, 60, or 84 months, and monetary court fines not exceeding $10,000.
You risk sentence enhancement if you committed the crime in furtherance of or to aid criminal gang activity or if someone sustained injuries from the shooting. A penalty enhancement will increase your penalties from a maximum of 84 months to life incarceration.
Bringing a Gun in Particular Places
Several laws criminalize carrying a gun in particular areas, like school grounds and government buildings. One of the statutes is PEN 626.9. Per the statute, it is illegal to:
- Bring a firearm onto school grounds or within 1,000 feet of a school
- Discharge or try to draw a firearm within a school compound in disregard of the public’s safety
- Controlling a loaded gun in school, students’ hostels, or teachers’ housing
A conviction for this conduct carries at most seven years of confinement.
Also, you will face charges under PEN 171c for bringing a firearm into a government structure. The offense of possessing a gun in a government building is a wobbler. The buildings the statute refers to include:
- Legislative offices
- The state capitol
- Any hearing room where the Senate or the assembly meets
When arrested for possessing a gun in any of these structures, the DA can charge you with a felony or misdemeanor, contingent on the case’s facts. You will face misdemeanor charges when you control a generally prohibited weapon or unloaded gun, pellet gun, spot marker, BB gun, paint gun, or short gun in a government establishment. A misdemeanor carries up to twelve months of county jail incarceration and no more than $1,000 in monetary court fines. On the other hand, a guilty verdict for a felony will attract 16, 24, or 36 months of incarceration and court fines of $10,000
Open Carry of an Unloaded Firearm
It is illegal to carry a hidden or loaded gun in California without a lawful CCW license. Nevertheless, PEN 26350 goes further to criminalize the open carry of an unloaded handgun in public or your car. An example of a violation of this statute is walking into a shopping mall with a firearm in your hands or displaying an unloaded firearm to your friends in a public setting like a public park. When proving this case in court, the DA must demonstrate that:
- You possessed an exposed or displayed and unloaded handgun like a pistol, revolver, or any other concealable firearm
- The firearm was in your immediate possession or car
- You committed any of these conduct while in a public setting
A public location means any place accessible to the public without restrictions or barriers.
The only people who cannot face charges for openly carrying a weapon in public are:
- Hunters
- Gun show participants
- Those practicing in the target ranges
- Military officials
- Police officers
- Pawn shop or gun repair outlet workers
- Individuals rehearsing or producing an entertainment piece like a movie
- Licensed gun dealers or producers
If you do not belong to this category of people, openly carrying an unloaded handgun in public will attract misdemeanor charges whose conviction carries no more than twelve months of confinement or $1,000 in court fines. The judge will impose jail confinement and court fines if you have unspent ammunition or are not the rightful owner of the weapon.
Legal Defenses for California Gun Offenses
A guilty verdict for a firearm offense carries severe legal penalties, including lengthy jail or prison confinement and hefty court fines. Additionally, you end up with a criminal history that haunts you for the rest of your life, adversely affecting various life aspects, including education and career. Therefore, when you are arrested or learn of an impending arrest, you must speak to a gun offenses defense attorney for guidance and to help contest the charges. The common defenses that an experienced attorney will use to counter gun crime charges include:
- Arguing that You Accidentally Drew or Discharged the Gun
Most gun offenses, like shooting an inhabited dwelling, require the prosecutor to prove that your conduct was deliberate or willful. So, you can counter the assertions by the prosecutor by claiming that your conduct was accidental and that you did not act willfully.
- Lack of Gun Ownership
Possession or ownership or possession is usually a basis for many gun offenses. In these instances, the prosecutor must demonstrate that you possessed or controlled the firearm. So, it is a defense to allege that you did not own or control the alleged weapon.
- Unlawful Search or Seizure
Your charges could be based on proof obtained unlawfully through illegal search and seizure. The police must follow due process to gather evidence. They must have a valid or lawful warrant to search your property. When the alleged firearm being used as evidence in your case was obtained unlawfully, your defense lawyer can request the judge to dismiss the evidence, leaving the prosecutor with a weak case where they are likely to offer a favorable plea deal or be forced to drop the charges.
Find a Competent Gun Crimes Defense Attorney Near Me
Many arrestees panic when they discover they face a gun offense charge because of the severe penalties at stake. However, a charge does not make you guilty. You can win the case or secure a fair verdict with the guidance of a profound criminal attorney. At CCLG: Los Angeles Criminal Attorney, we understand gun control statutes and will contest your charges for a fair ruling.
Contact us at 323-922-3418 for a no-obligation case evaluation.
