Guns In California Criminal Defense Cases
More and more as all of these shootings are happening across the country and even throughout the world, guns are becoming a hot topic in criminal defense. There are all kinds of laws in Los Angeles, California that have been passed banning firearms and putting huge criminal sentences on individuals who use guns, especially sentencing enhancements for gang members.
Sentencing Enhancements for Gang Members
When a gang member uses a gun to commit a crime, they’re looking at so many different charges that can be filed against them — ten years enhancements for the gun; ten years enhancements for the gang, and then if you’re trying to kill somebody, it’s fifteen to life for attempted murder. If you actually kill the person, it’s twenty-five to life.
The state has gotten crazy when it comes to guns because the legislature and the people of the state of California, and in particular, Los Angeles where there’s a huge volume of guns and gun violence, have just gotten to a point where they are going to put people away for the rest of their lives if they continue to use guns to commit crimes.
Possession of an Assault Weapon
I think we’re really moving towards a government where guns are just simply going to be abolished and only the police are going to be allowed to have guns. So, if you have a gun-related offense — for example, if it involves an assault weapon — that’s a two-year mandatory minimum if you get convicted of possession of an assault weapon.
A lot of times it’s not the assault weapon we’re thinking about, it’s a weapon that’s been modified that would normally be okay — the trigger pin has been taken out so that the person can just rapid fire the weapon.
In that circumstance, they can file possession of an assault weapon under California Penal Code Section 30600, the person’s looking at a mandatory minimum, and then whatever other crimes might be charged related to that seizure of that weapon — a lot of times they’re finding assault weapons inside people’s home when they execute a search warrant.
So, right now weapons are not a good thing to be caught with. There’s a lot of people who have been charged with felonies before who are being caught with weapons in their possession who are being charged with an ex-con with a gun and other serious offenses. If they’ve got any type of a prior strike, their sentences are being doubled-up and they are looking at multiple years in prison.
So, with the state of guns in Los Angeles, it is not a time to be caught with a gun. It is not a time to be caught using a gun in Los Angeles County because the prosecutors and judges are very serious about it. Right now, every single felony — even some misdemeanors — they are forcing people to tell whether or not they’ve got any guns registered to their name.
Proposition 63 – Filing Our Gun Forms
They’re forcing people to destroy guns. To monitor anybody who gets a felony is going to be in a position to lose their gun and lose their gun rights and potentially be sent to prison, so you want to be real careful when you’re filling out the Proposition 63 form not to make a mistake, because if you do, they’re going to have a hearing and if you’re on probation, you could violate your probation and you could be sent to prison before you even start to serve your sentence.
Guns are serious business and you have to make sure that you treat it accordingly.
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