As a responsible gun owner in Los Angeles, you may think that obtaining your firearm through legal channels protects you from any potential criminal charges related to your gun. However, the reality is more complicated. Even if you purchased your gun lawfully, certain actions can still lead to weapons charges under California law. At the Kosnett Law Firm, we have defended many clients facing firearms-related offenses and want to help clarify this important legal issue.
When Legal Gun Ownership Can Turn Criminal
There are several scenarios in which your legal gun can get you into legal trouble:
- Carrying a concealed weapon without a permit: While you may legally own a handgun, California generally prohibits carrying it concealed on your person or in your vehicle without a valid concealed carry license. There are narrow exceptions, such as having the gun locked in your drunk while driving, but violations can result in misdemeanor or even felony charges.
- Possessing a gun while under a restraining order: If you are subject to a domestic violence restraining order or certain other protective orders, it is illegal to purchase or possess a firearm, even one you already legally own. You must surrender your guns for the duration of the order. Violating this prohibition is a serious offense.
- Allowing a prohibited person to access your gun: You have a responsibility to keep your legally-owned guns out of the hands of prohibited persons such as convicted felons, the mentally ill, or minors. If you enable a prohibited person to access your gun, whether intentionally or through careless storage, you can face criminal charges for illegal transfer or child endangerment.
- Shooting your gun in prohibited circumstances: It may seem obvious, but using your legal firearm to unlawfully shoot at people or property, or recklessly firing it in prohibited areas, will result in criminal charges. This includes felony offenses like assault with a deadly weapon. Claiming self-defense requires a reasonable belief that lethal force was necessary.
- Possessing a gun while under the influence: It is illegal to carry a loaded firearm in public while intoxicated. Much like DUI laws, having a blood alcohol content of .08% or higher or being under the influence of drugs while having a loaded gun on your person or in your vehicle is a misdemeanor offense.
Legal Gun Ownership is Not a Shield From Prosecution
As you can see, simply having obtained your gun legally does not give you free rein to carry or use it however you wish. California has some of the strictest gun laws in the nation, and prosecutors aggressively pursue firearms offenses. However, charges for crimes involving legally possessed guns are highly fact-specific. There may be circumstances in your case that negate an element of the offense or provide a legal defense.
Contact Us Today!
If you have been arrested for a gun crime despite believing your possession of the weapon was fully lawful, contact an experienced criminal defense lawyer right away. At the Kosnett Law Firm, we can assess the strengths and weaknesses of the prosecution’s case and build a customized defense strategy to protect your rights and freedom. We have a successful track record of getting weapons charges reduced or dismissed for our clients in the Los Angeles area. Call us today for a consultation.
Related Links:
- After Being Accused of a Gun Crime, Do I Have Any Rights?
- How Can an Attorney Lower the Penalties for a Gun Crime Charge?
- What Takes a Gun Crime From a Misdemeanor to a Felony?
- What are the Penalties for Gun Crime Convictions in Los Angeles, California?
