Possession Of Firearms
Gun laws are always changing, California has strict gun laws
Possession of Concealed weapon, including a pistol, revolver, or other firearm, to carry them in California, you must obtain a permit.
The permit is known as a CCW license. (CCW stands for "Carry Concealed Weapon.")
Possession or distribution illegal gun or weapons charges; I understand that If, and, when facing an arrest for a firearms crime can carry stiff penalties and the chance of jail time. Furthermore, an arrest and conviction can have a permanent impact on the rest of your life.
It is important that you have an attorney you can trust representing your legal rights, weather this is your first encounter with the law or a repeat mistake. Just knowing that you have someone in your corner will be a difference between severe punishment and misdemeanor. Gun laws are always changing, Most individuals don't realize that they may not have known that they were committing a crime when they were arrested. California gun and firearm laws regulate the use, sale, manufacture, and transportation of weapons.
You need to have an experienced attorney who can explain your unique situation and implement a plan to resolve your case for the best results.
Gun crime punishments range from a simple misdemeanor charge carrying a $500 fine all the way to a 1st degree felony charge with up to several years in prison and Thousands of dollars fine. If you have had a prior conviction for a gun crime or a violent offense this may to lead to the most severe punishments.
I successfully defended a gun collector accused by the Los Angeles Police Department with the unlawful possession of firearms; subsequently charged by felony. After trial the client was found NOT GUILTY. (just 1 example)
- 2017 brought New Laws to Gun and Ammunition; In 2014 Prop 47 made any theft less than $950 be a wobbler (means-it can be misdemeanor or felony) in this case they set it to go down to misdemeanor charges, However in 2017 for 2017, Prop 47 has been amended, if the stolen item that is less $950 is a gun, even a cheap gun, it will be filed as Felony. This new 2017 Gun and ammunition law passed on Nov 2016 elections is at § 11, amends PC § 490.2; this law does not apply to firearms and grand theft of gun, which will always be punishable by 16 months in state prison, or 2 to 3 years. Unless you have a very knowledgeable defense counsel.
Gun cases I've defended successfully:
1. In 2011, I, a Criminal Defense Attorney In Pasadena CA , successfully defended a gun collector who owned two lawfully registered assault rifles, one rifle had a dual purpose flash suppressor/muzzle break and the other rifle which had been rendered inoperable had a cosmetic attachment grenade launcher. He was charged with possession of destructive devices, his entire gun collection, which had been seized by the LAPD after the SWAT team launched a raid on his home in the middle of the night, was returned. They went out of their way with exaggerated accusations and description to the mechanics of the the launcher to convict him. The whole case started when one of his firearms, after being lawfully sold to a licensed gun dealer, was found in the possession of an arrestee in Los Angeles.
2. In 2013 a gunsmith had been arrested by the LAPD Gun Unit, all of his guns were seized. I had the case dismissed before going to trial and his gun collection returned. He continues to practice what he specializes in and supports his family.
I believe with guns it's instantaneous to harm and murder, but guns don't kill, people do. Just think of all the murders that occur with kitchen knives and other items a murderer lays his hands on.
3. Former marine with honorable discharge was arrested and charged with felony of assault with a firearm and discharge of a firearm in violation of section 245(a) of the Penal Code and section 246 of the Penal Code. The judge and the prosecutor didn't go below 12 years in prison punishment, I manage to bring it down to 6 months in jail at Los Angeles twin towers, after release and probation of 6 months had the whole case expunged.
-Year 2015 had new tougher gun laws, the kinds of guns that can be purchased in California have been changed, and keep on changing, always check the new laws before purchasing or selling or carrying a weapon.
Who Can or Cannot Carry/Possess a Handgun
The following persons are prohibited from possessing firearms.
(Pen. Code, §§ 29800-29825, 29900; Welf. & Inst. Code, §§ 8100, 8103): Lifetime Prohibitions
• Any person convicted of any felony or any offense enumerated in Penal Code section 29905.
• Any person convicted of an offense enumerated in Penal Code section 23515.
• Any person with two or more convictions for violating Penal Code section 417, subdivision (a)(2).
• Any person adjudicated to be a mentally disordered sex offender. (Welf. & Inst. Code, § 8103, subd. (a)(1).)
• Any person found by a court to be mentally incompetent to stand trial or not guilty by reason of insanity of any crime, unless the court has made a finding of restoration of competence or sanity. (Welf. & Inst. Code, § 8103, subds. (b)(1), (c)(1), and (d)(1).)
• Any person convicted of a misdemeanor violation of the following: Penal Code sections 71, 76, 136.5, 140, 148, subdivision (d), 171b-c-d, 186.28, 240-247, 273.5- 273.6, 417-422, 626.9, 646.9, 830.95, subdivision (a), 17500, 17510, subdivision (a), 25300, 25800, 27510, 27590, subdivision (c), 30315, or 32625, and Welfare and Institutions Code sections 871.5, 1001.5, 8100, 8101, or 8103.
• Any person taken into custody as a danger to self or others, assessed, and admitted to a mental health facility under Welfare and Institutions Code sections 5150-5152; or certified under Welfare and Institutions Code sections 5250, 5260, 5270.15. Persons certified under Welfare and Institutions Code sections 5250, 5260, or 5270.15 may be subject to a lifetime prohibition pursuant to federal law. Juvenile Prohibitions
• Juveniles adjudged wards of the juvenile court are prohibited until they reach age 30 if they committed an offense listed in Welfare and Institutions Code section 707, subdivision (b). (Pen. Code, § 29820.) Miscellaneous Prohibitions
• Any person denied firearm possession as a condition of probation pursuant to Penal Code section 29900, subdivision (c).
• Any person charged with a felony offense, pending resolution of the matter. (18 U.S.C. § 922(g).)
• Any person while he or she is either a voluntary patient in a mental health facility or under a gravely disabled conservatorship (due to a mental disorder or impairment by chronic alcoholism) and if he or she is found to be a danger to self or others. (Welf. & Inst. Code, § 8103, subd. (e).)
• Any person addicted to the use of narcotics. (Pen. Code, § 29800, subd. (a).)
• Any person who communicates a threat (against any reasonably identifiable victim) to a licensed psychotherapist which is subsequently reported to law enforcement, is prohibited for six months. (Welf. & Inst. Code, § 8100, subd. (b).)
• Any person who is subject to a protective order as defined in Family Code section 6218 or Penal Code section 136.2, or a temporary restraining order issued pursuant to Code of Civil Procedure sections 527.6 or 527.8.
Personal Firearms Eligibility Check
Any person may obtain from the DOJ a determination as to whether he or she is eligible to possess firearms. The personal firearms eligibility check application form and instructions are on the DOJ website at http://oag.ca.gov/firearms/forms. The cost for such an eligibility check is $20 (when it comes to gun laws and fees, change is quicker, always double check). (Pen. Code, § 30105.)
Contact me, the Illegal Firearms, Weapons expert Defense Attorney with the extensive study and practice in this field (626)795-1750