Possession of an Assault Rifle
The current gun laws are very serious, and they are being implemented in a very serious manner because of all the recent shootings that are affecting human life. And, of course, assault rifles are one of the main culprits that are being targeted by law enforcement and judges for abolishment.
Assault rifles give individuals who want to do criminal acts a huge advantage over anybody they come up against – whether it be the general public or even the police.
Therefore, if you're charged with possession of an assault rifle pursuant to Penal Code Section 30600, you are going to want to get an attorney who has done these cases before, had success, and knows how to defend them or at least do damage control on them.
When I handle these cases, the main thing the prosecutors are looking at is whether or not the weapon can be fired in rapid succession, which is obviously what makes it most dangerous.
People are taking out the pins so that the weapon can be fired multiple times. This would give anyone a huge advantage if they faced the police or even the general public.
Therefore, the prosecutors and judge will be looking to send anybody to prison who possesses an assault rifle that is capable of firing multiple rounds illegally.
Defenses to Possession of an Assault Rifle – PC 30600
There are defenses to the possession of assault rifle crimes. Some of these guns have been grandfathered in, and really, again, what they're looking at is whether or not the weapon has the ability to fire multiple rounds.
A lot of people complain – well, I purchased this on the internet, or when I purchased this gun, it was legal. The bottom line is now it doesn't even make any sense to take any chances because they're hyper-technically prosecuting these cases because of all of the recent mass shootings.
Therefore, your best defense is not to have an assault rifle. If you get charged with possession of an assault rifle, you need to seek the advice of a criminal defense attorney who has done these cases and had success.
When I do these cases, I've dealt with the prosecutors before. I know their criteria area. I know the law, and then I just have to figure out whether or not your particular weapon meets that law.
There are defenses, but they're fact-specific. If you didn't actually possess the weapon, if the gun is in pieces and is not capable of being fired, there are a number of different defenses that can be utilized. Still, of course, they are going to spin on the facts of a particular case.
Penalties For Possession of an Assault Weapon – PC 30600
The presumption that I've seen when it comes to these assault rifle cases is that the police are going to send anybody who possesses an assault rifle to prison.
The only thing that would prevent someone from going to prison would be if it could be shown that the assault rifle is not being possessed for the reason the police are trying to block people from possessing these rifles.
In other words, you're not trying to commit a crime with an assault weapon. This would give you a fighting chance to be able to avoid a serious felony conviction and a state prison sentence.
This would be due to the fact the policy behind assault rifles is to prevent people from committing crimes and taking advantage of the fact that they have a weapon that can file a bunch of shots at the same time and really is difficult for anybody with just has a normal weapon to defend against.
It's still illegal to have an assault rifle. Still, people who are just using it for hunting really shouldn't be suffering the same consequences or penalties that people who possess an assault rifle for the purpose of committing a serious crime. Contact the Hedding Law Firm to review your case.
