Possess A Gun Legally

Who Can Possess A Gun Legally Under California Law?

Law enforcement can legally possess and carry a gun, on or off duty, under California Law. Other individuals allowed to have a gun legally are anyone who obtains a gun permit. The only problem in California is that getting a concealed weapon permit is very difficult. There are exceptions, however.

For example, under certain circumstances, security guards can also have a gun. It depends on whether you have a job that requires you to utilize a weapon. I do get a lot of clients who are security guards who take their guns off the work properly and end up getting arrested. You have to be careful, especially in Los Angeles, that you comply with all gun laws. Right now, with all of the shootings and gun violence across the country, they're taking gun laws seriously.

What Ends Up Happening If You Get A Gun Charge, And It's Serious Enough?

They remove your ability to own, use, or possess a weapon again. You want to be very careful that if you do have a gun, that you deal with it lawfully. For example, when you transport a weapon, you want to ensure you're transporting it correctly. The firearm must be locked in one area, and any ammunition must be locked in another. If you have the weapon and the ammunition together in any way, and the police pull you over, they're going to arrest you. You're potentially facing the loss of your gun rights.

Who Is Prohibited From Owning Or Possessing A Gun Under California Law?

Under California law, anyone can have a gun in their home. There's nothing wrong with that as long as it's the right type of gun. You can't have an assault rifle that can Load and Reload the weapon rapidly. A felon cannot own, use, or possess a firearm or bullets. I've had clients get caught with one bullet, arrested, and charged. The people who cannot have a gun are felons or anybody on criminal probation ordered not to have a gun. In other words, again, if you're in your home and you're not a felon.

You can probably have a gun to protect your business and your industry. But once you go outside, you cannot carry a concealed weapon. You can't have a weapon that people can see, at least not in California. That's where you get into problems. When you have a concealed weapon, the police stop, search you, find a gun, and then they arrest you.

Now, possessing a weapon doesn't necessarily mean you will lose your ability to have a gun. It'll depend on your charges, whether it is a felony or a misdemeanor. It also depends on what you are doing, your criminal record, and how the plea bargain works between your attorney, the prosecutor, and the judge. The consequences of illegal gun possession in California can be severe.

Can The Spouse Of a Convicted Felon Own A Gun In Their Home?

As a probationer or a convicted felon, you run a huge risk by living in a home that has a weapon owned by your spouse. You could get in trouble. The police get people all the time. If a person is on probation, they have a team search the person's home and find a weapon. Then, because they live in that home, they will be arrested. They will say, “That's not my weapon. I don't own that weapon.” It doesn't matter.

You have constructive possession of the weapon, which means you can access it. They don't want felons to have access to firearms. According to the law, they're much more likely to do something violent and dangerous.

Felons run a huge risk if there's a weapon in their living location. The person whose weapon it is would be fine because they're allowed to have it in their home, as long as they're not felons. The only time they would have to give up that weapon is if you're living with a felon or someone on felony probation who has search terms in the Probation Department. They can come in and search, but you can't stop it.

Could you say why I don't have any search terms? I don't live with somebody who's on felony probation, for example. So that's the right of the person who owns a home or the gun who's not a felon. This is because they're living with somebody who doesn't have the Fourth Amendment right against unreasonable searches and seizures.

Are Specific Types Of Guns Illegal In Los Angeles, California?

While most guns are legal in California, assault rifles are illegal if they can rapidly take the magazine out and put another one in. They're trying to guard against a situation that happened years ago. A couple of people robbed a bank; they had assault rifles that could shoot multiple rounds and then quickly be reloaded.

This put the police in a difficult position—often, the police are not equipped to deal with somebody like that. Now, more and more, the police themselves are driving around with assault weapons. They can match up against somebody who has one. There's a bullet pin on assault weapons that prevents somebody from firing all the rounds, taking out the cartridge, and putting another one in very quickly.

A lot of times, people take that bullet pinout. They can rapidly reload the gun, and that makes it an illegal assault rifle. A lot of time, people are buying assault rifles that are legal and then making them illegal by taking this bullet pinout. Or they're buying assault rifles in another state, like Arizona, and then bringing it to California.

Right now in California, if you've got an assault rifle, that's not legal. If the police get it, they're going to arrest you. They're going to charge you with assault rifle charges, which have a mandatory minimum two-year prison sentence. California, as far as controlling guns, is probably one of the strongest states in the nation. You do not want to have a legal assault rifle here in California.

Other weapons are illegal. Usually, they're military-grade weapons. But, most handguns are legal, as long as you go through the proper channels and processes to get a handgun. You go through the waiting period. Usually, getting it through a licensed gun dealer is your best bet. Could you make sure that your gun is registered?

That's another area where people are getting arrested. When they don't have a registered gun. A family member passes away, they inherit the weapon, but they don't register the gun, and now they're walking around and asking for a problem. It's going to be their discretion whether they want to believe your excuse about it, and they can arrest you and charge you with possession of an unregistered weapon.

Here in California, we control guns. So if you don't do things the right way, and they get their hands on you with the weapon, they will charge you.

Will I Be Taken To Jail If I Am Caught In Possession Of A Gun Illegally in California?

In California, if you're caught with a concealed gun in public and you don't have a concealed weapon permit, then you will be arrested, and your gun will be confiscated. Usually, prosecutors will ask to have the weapon destroyed at the end of the case. They're looking to prevent law enforcement from having a problem if somebody gets angry and shoots the police in a confrontation. That is the most dangerous situation for the police.

If you get caught with a concealed weapon, you will be arrested, your gun will be taken away, and you will be sent to court to be dealt with by the prosecutor and the judge. You are potentially losing your ability to possess weapons in the future and be put in jail. This is depending upon the circumstances of the arrest and your criminal record. If they think you're about to commit a crime, they're going to be much harsher on you versus someone who forgets they have their gun on them and are coming from a firing range.

If I'm Caught Carrying Without A Concealed Carry Permit In LA County, Could I Get A Warning?

L.A. County police can always warn you and let you go for carrying a concealed weapon without a permit, just like a traffic ticket. When it comes to a gun, I would say that it is highly unlikely. In California, when they catch you with a gun illegally, it is doubtful that they're going to give you a warning. They're likely to arrest you. They are looking for gun convictions because it looks good on their resume that they caught somebody illegally with a gun.

They're looking to control the possibility of gun violence. If you step out of line related to a gun, assume that you're going to be arrested by the police and you're going to be prosecuted for that gun possession. You'll want to get an attorney because they can do all sorts of things for you.

Your attorney is in a good position to tell your side of the story, to point out that you just made a mistake. Instead of that, you would do something criminal with a gun. That's when they restrict your ability to own, use, or possess a weapon.

Will A Concealed Carry License From Another State Be Recognized In LA County?

Los Angeles County has its requirements for your ability to have a concealed weapon that supersedes licenses from other counties. I've had clients who had concealed weapons permits in other states get caught in California with a concealed weapon and get charged. The prosecutors don't care that in different states, they're able to possess a gun.

You must realize how restrictive this state is in California, especially in Los Angeles County. They are pretty harsh when it comes to gun laws. Even if you have a gun permit in Oregon, more is needed here in California. You have a better chance of getting a gun permit in California if you have a license from another state.

Los Angeles is one of the toughest locations to get weapons permits. Many people will go to Ventura County, which is more gun-friendly, to try to get that permit. You have a better chance of getting it there than in Los Angeles.

Can I Ever Use A Firearm For Self-Defense In California?

If somebody is coming at you with deadly force in an unlawful manner, you can certainly use a firearm to defend yourself. This is particularly prevalent if somebody breaks into your home. Suppose you feel like they will harm you or your family members.

You can use a weapon to defend yourself, not your home. It is likely to be justified: using a gun when somebody broke into your home. The better question is, what about if somebody attacked you out on the street? The problem is that you should only have a weapon out on the street if you have a concealed weapons permit.

This is very difficult, if not impossible, to get. If somebody came at you with deadly force on the street, if you happen to have a weapon, and you used that weapon to defend yourself, then you may have a self-defense argument. But you would not argue about having a concealed weapon on the streets.

You would not be justified in having a weapon out in public. On the one hand, you may be able to defend and get off. On the assault with a deadly weapon charge or whatever they charge you for firing your weapon on city streets. On the other hand, you would take a felony or a misdemeanor conviction related to actually having a gun in public.

There are circumstances where somebody can use a weapon. They're few and far between. It's a slippery slope to use a gun in Los Angeles, California, to defend yourself because there are so many potential problems. For example, some innocent bystanders could get hurt. The other party, of course, will claim something different than what you claim related to the justification to use the weapon.

The answer is yes, there are circumstances where you can use deadly force to defend yourself. But it is not recommended, and you should figure out another way because you really put yourself in a precarious position when you use a weapon in public.

Could I Face Charges And Arrest For Carrying A BB Gun In Los Angeles County?

It's not necessarily illegal to carry a B.B. gun in Los Angeles County. The problem is that people often cannot tell the difference between a B.B. gun and a real gun. If you become angry with somebody or use a weapon during a crime, you could be charged for that, even if it turns out that the weapon that you're using is a B.B. gun.

We don't want people in public even to have B.B. guns either because that gives the potential for a dangerous situation to erupt. Say, for example, pull out your B.B. gun, someone sees it, they don't realize it is a BB gun, and then they pull out a real gun and start firing. The point is you don't want to be rolling around with a B.B. gun out in public because someone could mistake it for a real gun.

If you point a B.B. gun at somebody in a road rage situation, you're going to end up getting charged with a crime. You might drive away from the scene, somebody gets your license plate, and then you're charged with using a real gun. The question is whether they know whether it's a real or fake gun. Now, you have to defend yourself.

Can I Be Arrested And Charged If My Gun Doesn't Even Work?

I can think of several different scenarios where you could get arrested for using a non-functioning gun. For example, in a road rage situation, you point a gun at somebody even if it doesn't work; even if it's unloaded, you're going to get charged with assault with a deadly weapon. It doesn't matter that it doesn't work. It doesn't matter that it's unloaded.

The point is it is dangerous to be waving guns around in public. As a criminal defense attorney, in the last 25 years, I've personally seen people using B.B. guns, pellet guns, fake guns, unloaded guns, and broken guns. They were out in public and doing things they were not supposed to do, committing crimes and using guns to help them commit the crime. That person will be charged just like it's a real gun.

The only difference is that if the police get them while they have that gun and it's unloaded. If it's determined that it was a pellet gun or BB gun, then I would be able to argue as a defense attorney that a fake gun or BB gun is less dangerous than somebody with a real loaded gun. I have made that argument, and I've been able to mitigate a lot of cases because it's a fake gun, an unloaded gun, or a broken gun. That doesn't necessarily mean that whatever you did related to that weapon, like using or possessing it, will be forgiven.

It depends on the circumstances, depends on what you did, and whether you can make the argument that you didn't do anything unlawful, just the possession of a broken, unloaded gun. That is a good argument that you didn't do anything wrong. Again, you've got to be careful. These prosecutors and judges would try anything to bring a conviction when it relates to you doing something with the gun.

Can I Get Off With Just Probation On A Guns Or Weapons Charge In LA County?

A lot of people will get probation in Los Angeles County when it comes to a gun. It depends on what you were doing with the gun. If it's a misdemeanor, you will always get probation regarding firearm possession because they can't send you to prison.

If it's a felony, it's a question of whether or not you could get probation, which depends on your criminal record, how dangerous you were, or how you were using the weapon. I see people getting out of prison on first-time gun possession, even if the person is a gang member. If someone is using a gun and is also a gang member, that would put the person in a bad position. I haven't seen anyone imprisoned for a first offense for three years.

If I Did Not Know My Gun Was Loaded, Can That Be Used As A Defense In My Case?

Not knowing that your gun wasn't loaded will not be a defense. It's a general intent crime. If you have a weapon and it's loaded, you're going to get charged if the police find out about it. They're going to try and convict you over it.

If you made a mistake and show that you made a mistake, then that's certainly something mitigating that your attorney can show the prosecutors related to possession of that weapon. That prosecutor will listen to you, but you would still be guilty. You're not going to be able to use the defense, “I did not realize that I had a gun with me,” or “I did not know that the gun was loaded,” Under those circumstances, it is called a general intent crime, not a specific intent crime. So again, merely possessing a loaded gun is good enough to charge and convict you.

Can Someone Be Convicted Of a Gun Charge If A Gun Wasn't Found?

It is possible to be convicted of a gun crime if the gun wasn't discovered. You'd have to think of this scenario where you are charged with possession of a gun, but you did not have it. However, let's think of that scenario. For example, if someone claims to see a person walking around with a gun, calls the police, and that person gets rid of the gun.

It is conceivable that if that eyewitness could point out the person, point out the gun, describe the gun, and it was believable, that person could be arrested and charged with that gun. You don't necessarily need to have the person with the gun to charge them. Many times, people commit a robbery with a gun, and they get away. When they catch them a week later and don't find the gun, does that mean that they can't be charged? No, they can be charged.

Suppose they have it on video. Say they've got an eyewitness that saw you with a gun. They don't necessarily have to catch you with the weapon to charge you with possessing and using the gun. You have to be able to have evidence to back up an allegation to charge for a conviction. If they think they can win, they will charge you. Then, you'll need to assess with your attorney whether or not it makes sense. You have to fight that the possession charge might be circumstantial evidence unless the prosecutors can prove that you possessed a weapon.

I Was Arrested And Charged Before Receiving My Weapons License. Do you know how my case can be handled?

That depends on whether you had the gun at the time of the arrest even though you didn't have your license or if you did not have the gun because you received it a week later. Technically, if you did not have a concealed weapons permit, then yes, they can still charge you with the crime.

The prosecutor and the court should decide what to do with you. You have to realize that you can get a conviction for possessing a gun. The bottom line is that it is better for you to ensure that you've got a concealed weapon permit or have some lawful justification for possessing a weapon out in public. You can possess a gun in your home, business, or office. But once you take it out in public, either on a concealed basis or out in the open, you run the risk of being arrested, charged, and put on probation or of being convicted and going to jail and losing your ability to own the firearm in the future.

Can I Be Charged With Illegal Weapons Possession If A Gun Was Found At A Traffic Stop In My Possession?

If a loaded gun is discovered at your traffic stop, then they can charge you with that if a person does separate the weapon and the bullet. The gun would have to be locked in the glove compartment, and you have the bullets locked in the trunk of the car; you are good in that scenario, but unfortunately, a lot of people drive with a loaded weapon, even if the gun is locked up, it doesn't matter because you have access to it.

You could quickly open your glove compartment and use it. That's what they're trying to prevent. This and people driving around and the bullets and the gun close to each other. That's a problem as well because they believe that you can quickly load that gun and use it. That's what they don't want people to have the ability to do. If you're transporting and you have the bullets locked in one area and the gun is locked in another location, then you're going to be OK.