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. But, by consulting a skilled gun crime defense attorney you can get the legal defense. Below are some common examples of law abiding citizens can inadvertently find themselves on the wrong side of the law.
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
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
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.
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
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
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 in Riverside, California. Contact our office today.
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
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.
3801 University Avenue
Suite 265
Riverside, CA 92501
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