Possession Of Firearms
(626)795-1750 "The Attorney Who'll Be In Court For You With You"
Gun laws are always changing, California has strict gun laws
Gun laws are always changing, Most individuals don't realize that they were breaking the law until the time of the arrest. California gun and firearm laws regulate the use, sale, manufacture, and transportation of weapons, these laws can be applied to recovery of ghost guns also, if the law enforcement decides to file charges, these days I have seen it happening more often.
GHOST GUNS and PARTS
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 lead to the most severe punishments.
Even when a gun is discharged accidentally, the individual/individuals will be arrested, jailed and will have to post bail and face Criminal negligence charges.
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.
Unlawful Assault Weapon/.50 BMG Activity in violation of PSC 30600, unlawfully manufacture, caused to the manufactured, distribute, transport, import in this State, keep for sale, offer and expose for, give and lend an assault weapon. This is one of the worst allegation you can face, t's being applied to more and more arrests due to the changes in California Weapons Laws. The ATF and/or Police will slam the individual with these charges without any hesitation.
Gun cases I've defended successfully:
December 3, 2021, Client was facing charge of illegal possession of an assault weapon. My Motion to Suppress the Evidence under Penal Code section 1538.5 was granted by the Judge. Great win for my client.
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
It is important that you have an attorney you can trust representing your legal rights, whether 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. 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. Great Article about NEW GUN laws 2018.....
California Gun Laws are in constant change, you may be breaking the law without realizing it. Follow the law so you won't need my service as a Criminal Defense Attorney.
Possession of Any Concealed weapon
To carry a concealed weapon in California, you must obtain a permit, the permit is known as CCW license. (CCW stands for "Carry Concealed Weapon.")
Possession or distribution illegal gun- weapon 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.
If the prosecutor proved that a person used a gun during a felony crime, a court was required to enhance the person’s sentence under Penal Code §§ 12022.5 or 12022.53