Gun Offenses

California has some of the strictest firearms regulations in the country. If you have been charged or convicted with a gun offense, you might face significant criminal consequences as well as the forfeiture of your privilege to lawfully own guns. That’s why you should seek legal services as soon as possible. We invite you to contact the California Criminal Lawyer Group if you are facing any gun offense charges in Fresno.

Overview of Gun Laws in California

Many regulations govern the ownership of weapons, firearms, and guns in California, and it can be difficult to know what is prohibited and what is legal. California gun laws govern the sale, ownership, and usage of ammunition and weapons in the state of California.

These regulations allow most individuals aged 21 and above to purchase, possess, and own a firearm. However, many state laws restrict this freedom and make it illegal for some Californians to own or possess a weapon. Convicted criminals and drug addicts are some examples of these individuals.

Furthermore, licensed firearm dealers are prohibited from selling, supplying, or transferring a firearm to an individual below 21 years. It's worth noting that once an individual owns a firearm, state regulations place several restrictions on the firearm transportation and storage.

Carrying a concealed handgun or weapon is also illegal in California, according to the state's firearms regulations. If an individual has a valid concealed carry permit, however, they will not be charged with this offense. Consequently, under Penal Code 26350 and 25850 PC, openly carrying a gun is typically prohibited under state law. This rule applies to both unloaded and loaded firearms.

The California legislation Penal Code 16590 prohibits the possession, manufacture, or sale of certain kinds of firearms. For example, undetectable weapons, prohibited under 24610 PC, short-barreled rifles and shotguns, prohibited under Penal Code 33215 PC, and zip guns, which are also banned under Penal Code 33600 PC.

In California, BMG rifles and automatic weapons are likewise prohibited under Penal Code 30600 PC. This legislation expressly bans an individual from manufacturing, distributing, transporting, importing, selling, or giving away these guns. Possession of these firearms is illegal under Penal Code 30605 PC.

There are six areas in California where bringing a gun is prohibited. These include schools, government buildings, public spaces, the Governor's mansion, open gatherings, airports, public transport facilities, and passenger vessel terminals. A person's right to possess, buy, and own a gun among other consequences may be taken away if he or she is convicted of a gun crime.

Weapon Charges in California

In California, illegally possessing or using a weapon is usually a major criminal violation. However, weapon crimes can be "wobblers," indicating that based on the facts of the case and the accused's previous criminal background, either a misdemeanor or a felony might be filed.

The kind of weapon used, as well as the accused's conduct or intention with the firearm, will determine if the offense is a felony or a misdemeanor, and the severity of the penalty if convicted.

• Misdemeanor weapons charges can result in up to a year in prison and a $1,000 fine.
• Felony weapons charges can result in a sentence of one to twenty years in prison.

When a firearm is used in the commission of a major crime or a sex offense, the sentence may be enhanced. Possession of a firearm during the commissioning of a crime can result in an additional 10 years in jail, 20 years in jail if the weapon was discharged, and 25 years to life imprisonment in jail if the gun was discharged and caused significant bodily harm or death.

Other common gun offenses in California include:

• Carrying a firearm without a permit.
• Possessing a firearm that is loaded.
• Carrying a concealed firearm.
• Negligent firing of a gun.
• Discharging or firing a weapon into an inhabited building.
• Possessing a weapon as a felon.

Carrying a Firearm Without a Permit

Sections 25850 and 26350 PC of the California Penal Code imposes restrictions to publicly carry firearms outside of your business or home, regardless of if they are loaded or unloaded. Having a concealed weapons permit issued under California Penal Code section 26150 PC is the only means to lawfully carry a handgun outside of your home.

California Penal Code 25400 PC governs the offense of possessing a concealed firearm without a permit, which is a more severe offense. The law specifically forbids carrying a concealed firearm on your person, in your automobile, or in a vehicle where you're a passenger.

Penalties for Carrying a Firearm Without a Permit

Carrying a concealed firearm carries a possible penalty of 1 year in prison and/or a $1,000 penalty if there is no evidence of extenuating factors. You could potentially be eligible for probation, based on the specifics of the case. The following are the elements that a court will examine while deciding your sentencing:

• Your criminal background.
• If you have conducted violent acts in the past or not.
• Is there any proof that you planned to use the firearm?
• Your refusal to collaborate with the authorities.

Possessing a concealed firearm, on the other hand, could be considered a crime in the following situations:

• You've been convicted of a crime or a California weapons crime in the past.
• You had had a stolen firearm, of which you were aware of.
• You are a member of a gang.
• You illegally own the firearm.
• you have been banned from possession of a firearm Due to a prior conviction.
• You've been accused of a misdemeanor against an individual or property in the past.
• You have a history of drug-related offenses.
• You had a loaded gun for which you weren't the rightful owner, however, the authorities should have reasonable grounds to arrest you because of this particular circumstance.

If charged with the felony version of possessing a concealed firearm, you might receive a penalty of up to three years in prison and/or a $10,000 fine.

Carrying a Loaded Firearm

California Penal Code sections 12031 and 25850(a) both criminalize carrying loaded firearms on your person or in your vehicle. For the prosecution to establish a case against you, they must demonstrate beyond possible doubt that:

• You had a weapon on you or in your vehicle.
• You were well aware that you were carrying a loaded weapon.
• You were out in public.

Having a loaded handgun in public is a misdemeanor carrying penalties of up to 1 year in prison and/or a $1,000 fine if there are no extenuating conditions. In other circumstances, the violation becomes a wobbler, meaning it can be prosecuted as a felony or a misdemeanor, penalized by up to 3 years in jail and a $1,000 fine.

Having a loaded firearm becomes a wobbler when:

• There is proof that you're not certified as the holder of the firearm with the Department of Justice.
• You've been convicted of a misdemeanor against an individual and property, or maybe a drug-related crime in the past.

Possessing a loaded firearm is a punishable offense by up to three months in jail and/or a $10,000 fine under the following scenarios:

• You are a member of a gang.
• You have a past criminal record.
• You have a previous record for a California guns violation.
• The firearm was stolen and you were aware of it.
• You are prohibited from possessing a firearm.

Carrying a Concealed Firearm

Carrying a concealed firearm is not necessarily illegal in California. In California, however, you could only obtain a concealed carry permit when you can demonstrate "good reason" for doing so. To demonstrate good cause, you need to establish a motive other than generic regard for personal security. You are typically banned from having a concealed gun if you don't have a concealed carry permit.

It's important to understand that having a concealed firearm isn't limited to your person. It is illegal to carry a firearm that is concealable when you deliberately:

• Possess a concealed gun in any car you control.
• Carry a firearm concealed on your person.
• Permit a concealed weapon to be concealed in an automobile where you're a passenger.

The prosecution must establish every aspect of the offense to effectively prosecute you for possessing a concealed firearm. The prosecutors will not be able to convict you unless they can establish every factor of the offense beyond possible doubt.

The prosecutor in charge of your case will have to show that:

• The firearm you possessed was able to be concealed.
• You had a concealed weapon on your person, in your possessions, or in a motor vehicle you possessed or operated;
• The weapon was concealed from sight.

Penalties for Possessing a Concealed Weapon

Having a concealed firearm is an offense that can be prosecuted as a misdemeanor or a felony depending on the circumstances. The seriousness of your conviction will be determined by the circumstances of the case. The majority of first-time offenders will face a misdemeanor charge. When you have been accused of a misdemeanor charge, you may face up to a year in prison, a $1,000 fine, and a year of probation.

A charge of this minor violation does not usually affect your ability to acquire, possess, or own a gun in the future. You will face criminal charges for carrying a concealed firearm if:

• You have a previous criminal record.
• The firearm you had was stolen and you were aware that it was stolen.
• You have been barred from possessing a firearm.
• You are a member of a gang.

If you are found guilty of a felony charge of carrying a concealed firearm, you may be sentenced to up to three years in jail and fined up to $10,000. You will also forfeit your ability to possess or own a firearm. Concealed carry regulations in California provide mandatory minimum penalties for several offenses. This implies that if you're found guilty of a crime, you'll have to remain in prison for some time.

You’ll be sentenced to serve an obligatory term in prison if you have been found guilty of any infraction of Penal Code 25400 if you’ve had a previous conviction for:

• A felony or gun-related crime (mandatory sentence of at least 3 months).
• Assault with a weapon (compulsory sentence of at least 3-6 months).
• Firing at an unoccupied residence or vehicle (compulsory sentence of at least 3-6 months).
• Pulling a gun (mandated sentence of three to six months).

Discharging or Firing a Weapon into an Inhabited Place

Guns are deemed lethal weapons, and a variety of regulations exist to safeguard the public at large from those who would use them unjustly. Penal Code 246 PC, outlaws firing into an inhabited home or vehicle.

The components of the offense include establishing that you deliberately or with ill intent shot into the following inhabited places:

• A living space.
• Car.
• Building.
• Aircraft.
• A camper.
• A house car.

It is essential to remember that there's no need that somebody is present at the moment of the shooting. It would be enough to establish a case of firing at an occupied house if the prosecutors can demonstrate that the facility was being utilized as a dwelling place at the moment of the incident.

Penalties for Firing at an Occupied Place

The consequences for this offense encompass a wide range of alternatives for a judge to consider during sentencing. The punishment issued will be influenced by a variety of elements. The specific details of the case as well as your criminal past are crucial to the sentencing procedure. Firing at an occupied place, however, is a felony, and if convicted, you might face the following penalties:

• A criminal probation.
• 1 to 7 years in state prison.
• a $10,000 maximum penalty.

Furthermore, if any extenuating factors exist, the sentence will be increased. A situation where the gunshot resulted in harm or death is an example of an aggravating factor. In such cases, the legislation provides for a 25-year extension to life.

A charge for firing at an inhabited place, besides probation, fines, and prison time, is a severe crime that will result in a mark on your records as well as immigration implications since it's a deportable offense.

Negligent Firing of a Gun

California Penal Code 246.3 PC outlines negligent firing of a firearm. There has to be enough proof that you fired a gun recklessly that bodily harm or death could have happened to be prosecuted with this offense.

It is necessary to emphasize that the firing must be purposeful and deliberate. If the discharge of your firearm was accidental, you can't be held guilty of this offense. The reckless firing of a BB gadget is also included in the crime.

In California, gun violations are taken very seriously; but, unlike other weapons crimes, the careless firing of a weapon is a wobbler, allowing the prosecutor to choose whether to prosecute the case as a misdemeanor or a felony. However, when it comes to a BB device, the conviction is often a misdemeanor.

Penalties for Firing a Weapon Negligently

The severity of the consequences for careless discharge of a weapon will be determined by if the case is filed as a felony or a misdemeanor. The prosecution's choice about how to advance will be based on the specific charges as well as your criminal background.

When charged with a misdemeanor, you will face the following consequences:

• Probation for a misdemeanor.
• A maximum of one year in prison.
• A maximum fine of $1,000.

If you're charged with felony reckless discharging a firearm, you'll face more serious penalties if you're convicted. A court might sentence you to probation, a maximum of 3 years in prison, and a $10,000 fine. Furthermore, the careless firing of a weapon is a major felony that will result in a strike against your record.

California rules permit sentence increments in addition to the usual punishment for the offense. If a weapon was discharged in relation to gang-related activity, these modifications will be applied. If that's the case, the term might be increased by up to four years in jail.

Possessing a Weapon as a Felon

Even though the offense includes the term felon, the illegal act of possessing a firearm is not confined to criminals. A convicted criminal, persons charged with certain crimes, and persons with narcotics drug abuse are all prohibited from owning, purchasing, receiving, or possessing a firearm or ammunition under Penal Code 29800 PC.

In describing and detailing the particular elements of the offense, the law takes a fairly broad approach. Various crimes that involve a weapon, as well as some sex offenses, are also added to the listing of offenses that will prevent you from possessing a firearm.

Establishing that the person accused was aware of the gun's possession is crucial for being convicted like a felon with a weapon. While being oblivious of the weapon's presence is a strong defense, being knowledgeable of the laws isn't. As a result, you must consult with an attorney before purchasing or possessing a gun.

Penalties for Possessing a Gun or Weapon as a Felon

The law's objective, as stated in Penal Code 29800 PC, is to safeguard the public from potential danger by prohibiting those convicted of major crimes from lawfully possessing a potentially lethal weapon. As a result, the offense is classified as a felony, and you stand a good possibility of going to prison if you are found guilty. At the sentencing, the court may issue any combination of punishments, up to and along with a three-year prison sentence or a $10,000 fine.

Other Consequences of Facing Gun Charges

Prison time, probation, and penalties aren't the only repercussions of a weapons conviction. If you're convicted of a felony involving a gun or other weapon, you'll face several repercussions, including:

• Loss of voting rights while imprisoned or on probation.
• Issues with finding employment.
• Trouble getting financial support for school.
• Loss of the ability to enroll in the army.
• Troubles when looking to rent an apartment or house.
• Losing professional licenses, such as those that enable you to practice law, medicine, or teach.
• Immigration problems, such as deportation and VISA denial.
• Losing the right to possess firearms.

Possible Defenses for Gun Charges

Regardless of the gravity of the charge, keep in mind that you are innocent until proven guilty. You can guarantee your freedom by presenting a strong defense, in addition to having the case dropped before the trial.

Since every case is unique, there is no one-size-fits-all defense strategy. It is critical to consult with your attorney to evaluate which one of the below defenses would be most effective in your situation:

• You acted in self-defense or someone else’s defense.
• You were under the impression that the weapon was not loaded at the moment of the incident.
• You fired the weapon accidentally.
• There was no risk of death or injury.
• The possession of the firearm was just for a brief duration.
• You had a legitimate cause for being in possession.
• You've been wrongly accused or have been wrongly incarcerated.
• You were completely unaware of the firearm's presence.

Your attorney may be able to get the charges dropped before the trial, along with presenting a strong defense. This will be determined by the prosecutor's proof, details discovered through your pre-trial inquiry, or clear indicators that the prosecutors will be unable to convict you successfully.

Find an Experienced Fresno Criminal Attorney Near Me

We at California Criminal Lawyer Group have a thorough understanding of the extent and complexity of California weapons regulations, as well as broad experience litigating and defending all types of criminal defense cases in Fresno, California, that involve charges involving guns or other weapons.

We know how to put up a strong defense for you and get you the best results in your case, whether it's an acquittal, dismissal, or a lowered charge or sentence. For legal advice and quick assistance to your case, reach out to our criminal defense attorney immediately at 559-712-8377.