When it comes to gun laws, California has some of the strictest regulations in the country. As experienced criminal defense attorneys, we at Kosnett Law Firm have an in-depth understanding of what constitutes a gun crime in the Golden State.
Types of Gun Crimes in California
There are several different acts related to firearms that are prohibited by California law and can result in criminal charges. Some of the most common include:
- Possession of an assault weapon: It is illegal to manufacture, distribute, transport, import, sell, give, or lend any assault weapon in California. This includes semi-automatic rifles with certain features like pistol grips or folding stocks.
- Carrying a concealed firearm: Carrying a concealed gun on your person or in a vehicle is only legal if you have obtained a valid concealed carry permit from local law enforcement. Doing so without a permit is a misdemeanor.
- Unlawful possession of a firearm: Certain individuals are prohibited from owning, purchasing, or possessing firearms under any circumstances in California. This includes convicted felons, those addicted to narcotics, people convicted of certain misdemeanors, and subjects of domestic violence restraining orders.
- Brandishing a firearm: It is considered a crime to draw, exhibit, or use a gun in a rude, angry, or threatening way, except in cases of self-defense. This is a misdemeanor offense.
Other Gun Law Violations
In addition to these primary offenses, there are a number of other gun law violations that can lead to criminal prosecution in California:
- Manufacturing, selling, or possessing undetectable firearms or large-capacity magazines
- Allowing a child or prohibited person access to a firearm
- Carrying a loaded firearm in public
- Obliterating or altering a gun’s serial number
- Violating the one-handgun-per-month purchase limit
- Engaging in unlicensed firearms sales
Penalties for Gun Crimes
The legal consequences for gun crimes in California vary depending on the specific offense and the defendant’s prior criminal history.
In general, misdemeanor gun convictions carry potential sentences of up to one year in county jail and a fine of up to $1000. For felony convictions, penalties may include 16 months to three years in state prison and fines of up to $10,000. Use of a gun in the commission of another felony offense can add an additional 10 years or more to a prison sentence.
Certain aggravating factors like prior felony convictions, gang affiliation, or stealing a firearm can significantly enhance the penalties. Loss of gun ownership rights is another major consequence of any gun crime conviction.
Get Legal Help from Gun Charges Defense Attorneys
An accusation of a gun-related offense is a very serious matter in California. A conviction can result in incarceration, steep fines, a criminal record, and the loss of your Second Amendment rights. If you have been arrested for a gun crime, it is crucial to consult with a knowledgeable and experienced gun crimes defense attorney in California as soon as possible.
At Kosnett Law Firm, our skilled attorneys have successfully defended clients against the full spectrum of firearm offenses. We can carefully review the details of your case to determine the best strategy for fighting the charges and protecting your rights. For a confidential consultation, contact our office today.
