Gun Crimes Attorney

California’s convoluted firearms laws are the strictest in the country. That’s why as a gun owner, it is important to know the laws to avoid accidentally exposing yourself to criminal prosecution. In many instances a criminal conviction of a firearm offense can result in a lifetime ban from possessing firearms. Below are some common examples of law abiding citizens can inadvertently find themselves on the wrong side of the law.

Storage of Firearms

The law requires a gun owner to store their firearm in a location where a child under 18 or prohibited person cannot reasonably gain access to it. However, if the owner fails to safely store the firearm, and death or great bodily injury occurs as a result, than that owner can face misdemeanor or felony charges. 1 Otherwise, a misdemeanor conviction would result in a ten (10) year gun ban. 2

Of course, there are many exceptions to the offenses of criminal storage of firearms. 3

  • the child’s obtaining the firearm as a result of an illegal entry to any premises by any person;
  • the firearm in a locked or secured container;
  • keeping the firearm within the person’s close proximity;
  • equipping the firearm with a locking device;
  • keeping the firearm as a peace officer or member of the armed forces and having child obtain it during performance of duties;
  • the child’s obtaining the firearm in self-defense or in defense of another; and
  • keeping the firearm with no reasonable expectation that a child is likely to be present on the premises.

Additionally, there are a number of factors that the law requires the prosecutor to consider if the gun owner is the parent or guardian of the child who is injured or dies. 4

Carrying and Transporting Firearms

Every year thousands of people are prosecuted for improperly carrying and transporting firearms. To start, the term “carry” means having a firearm accessible, whether on your person or in a vehicle. There’s no need to be moving at the time nor being in direct contact with the firearm. That said, there’s two types of “carry” issues.

Open Carry

Simply put, California is not a “Open Carry” state. It is a crime to openly carry a loaded or unloaded firearm in any of the following public areas:5

  • A place or street in an incorporated city or county.
  • A street in a prohibited area of an unincorporated area of a city or county.
  • A place in a prohibited area of a city or county.

Concealed Carry

Unless you have a Concealed Carry Weapons (CCW) Permit, it can be either a felony or misdemeanor to carry or cause to be carried a concealed firearm in a vehicle or on a person. 6

Possession by a Prohibited Person

If you have been convicted of a felony7, certain misdemeanor crimes8, or are a restrained party in a criminal protective order or restraining order9, then you are not allowed to own or possess a firearm.

However, there are circumstances where you can restore your gun rights. Contact our office today.

Brandishing a Firearm

Generally speaking, it is a misdemeanor to exhibit a deadly weapon or firearm at someone in an angry, rude or threatening manner. However, if the brandishing happens at a daycare or at a law enforcement officer, then it becomes a felony. 10

Why contact The Lin Law Office Inc. for your Gun Case?

Mr. Lin has successfully defended numerous criminal charges involving firearms, ammunition, magazines, and other accessories. Possessed by both law abiding citizens and prohibited persons. California Gun Laws are complex and convoluted legislation for even the most experienced attorneys to navigate. Don’t risk your Second Amendment Rights, contact us today if you are being accused of a Gun Crime.


References
  1. California Penal Code section 25110.[]
  2. California Penal Code section 29805, subdivision (c).[]
  3. California Penal Code section 25105.[]
  4. California Penal Code section 25115; see also California Penal Code section 25120.[]
  5. California Penal Code section 26350.[]
  6. California Penal Code section 25400.[]
  7. California Penal Code section 29800.[]
  8. California Penal Code section 29805.[]
  9. California Penal Code section 29825.[]
  10. California Penal Code section 417.[]