Consequences of Illegal Gun Possession in California
California gun laws allow most adults to buy and possess a gun, but many statutes limit or prevent citizens from acquiring a firearm.
Further, after someone possesses a firearm, there are even laws on requirements for transporting and storage of a gun. The state of California has laws prohibiting carrying a concealed handgun or openly carrying a weapon, whether loaded or unloaded.
Some laws prohibit anyone from possessing, making, or selling certain firearms, such as short-barrel (sawed-off) shotguns and certain rifles.
California has statutes banning assault weapons and BMG rifles, including possession, distribution, manufacturing, and transportation.
Possessing a firearm is illegal in certain locations, such as schools, public and government buildings, airports, and public transit facilities.
Most gun laws are “wobblers” that can be charged as either a misdemeanor or felony crime, and some convictions will result in a defendant losing their right to own or possess a firearm. Our Los Angeles criminal defense lawyers provide an overview below for more information.
California Gun Possession Laws
Many common laws in California make it a crime for someone to have possession of a firearm. Let's review below:
Penal Code 25400 PC – carrying a concealed weapon. This statute makes it a crime to carry a concealed weapon on your person in a vehicle.
Penal Code 25850 PC – carrying a loaded firearm in public. This statute makes it a crime to carry a loaded gun on your person or a vehicle.
Penal Code 26350 PC – carrying an unloaded firearm in public. It is also illegal to have an unloaded firearm openly in any public place in California.
Penal Code 16590 PC – prohibited weapons. This statute makes it a crime to possess certain weapons, such as brass knuckles and short-barrel shotguns.
Penal Code 29800 PC – felon in possession of a firearm. It's a crime for a convicted felon to own, purchase, or have possession of a gun in California.
Vehicle Searches During Traffic Stop
Right now, Los Angeles County is very harsh when it comes to possessing a gun illegally. We see these cases come up in various ways. Usually, I see it in car searches. A car gets pulled over. The police:
- end up either getting consent to search the car or
- they have a probable car to search the car.
For example, someone hides a gun, and they see them hide it, or the police just cheat and search the car because they want to.
Later, they will lie about getting consent to search the car or lie and say that seeing a gun protruding or in plain view is one of their favorite things they like to do.
Loss of Your Right to Bear Arms
But the bottom line is that the consequences of these gun cases are not good right now. Both the District Attorney's office, who prosecute felony cases, and the City Attorney's Office, who prosecute misdemeanor gun cases, are very harsh when it comes to these types of offenses.
One of the biggest weapons they have is they will try to take your gun rights away from you. For example, if you get convicted of any felony in Los Angeles county, you lose your right to bear arms forever.
Some of the misdemeanor cases also prevent you from bearing arms, such as:
- for a domestic violence misdemeanor conviction, you're typically going to lose your right to have a gun for 10 — an entire decade.
- if you get put on probation for a felony or a misdemeanor, they can make it part of your probation that you're not allowed to own, use, or possess a gun or ammunition.
Obtaining a gun card in California is a daunting task, making legal gun possession nearly impossible. This stringent process contributes to the high number of people getting arrested for gun-related offenses.
So, they're trying to get guns off the streets. Don't kid yourself. The police, prosecutors, judges — they do not like guns. They don't want people to have them.
They know that it makes it much more dangerous for the rest of society and the police when they're trying to deal with people who have guns.
Of course, on the flip side, the argument is that if there are people out there with guns, I should be able to defend myself and my home and in other locations if I think that I may be unsafe.
Getting a gun card in LA County is almost impossible, allowing you to possess a gun. So, you have a lot of people getting busted for gun-related offenses.
Criminal Defense for California Gun Possession Cases
So, if you or a loved one has been charged with a gun crime or has been arrested for a gun crime — pick up the phone. Meet with a criminal defense attorney who's been doing this for almost three decades, who:
- knows how to handle these gun cases,
- knows how to protect your gun rights,
- knows how to keep you out of jail.
Some people don't care if they lose their gun rights, while others will not take any deal if they're going to lose their gun rights, and then, of course, there are those people in the middle.
You're going to have to decide where you fall if you're charged with gun possession in LA county. Then, you sit down with somebody like me and:
- we'll talk about realistically whether you are going to lose your gun rights;
- whether or not you do have a defense in your criminal case.
Then, we can discuss some things you can do to protect your gun rights, reputation, freedom, and criminal record.
Further, all of the things that can flow from a criminal conviction related to a gun possession case, a gun use case. Sometimes, you might have self-defense arguments.
The bottom line is, if you're in trouble and are charged with a gun case, pick up the phone now. Ask for a meeting with Ron Hedding.
We'll sit down in the privacy of my office. We'll figure out, number one, whether the prosecutors have the evidence to prove a criminal case against you.
Then, we can determine whether your gun rights and freedom are in jeopardy and, finally, figure out what it will take to get you the best possible result.
Take the first step now. Pick up the phone. Set up a meeting with Ron Hedding. I'm ready to help. Hedding Law Firm is based in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact us for a free consultation at (213) 542-0979.
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