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 causes it to be 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 came up against the police or even the general public.
Therefore, the prosecutors and judge will be looking to send anybody to prison who is possessing an assault rifle that is capable of firing multiple rounds in an illegal manner.
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 gun 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 to not have an assault rifle. If you get charged with possession of an assault rifle, you need to seek the advice of an criminal defense attorney who has done these cases and had success.
When I do these cases, I've dealt with the prosecutors on the cases before. I know what their criteria area. I know what the law is 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 weapon is in pieces and is not capable of being fired, there's a number of different defenses that can be utilized, but 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 can 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 the 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 the assault rifles is to prevent people from committing crimes and taking advantage of the fact that they have a weapon that has the capacity to 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 the assault rifle, but people who are just using it for hunting really shouldn't be suffering the same consequences or penalties that people do who possess an assault rifle for purposes of committing a serious crime. Contact the Hedding law Firm to review your case.