If you’re like most Americans, you’re very familiar with the Second Amendment which grants the right to bear arms. However, like many states, California has taken steps to enact gun laws to prevent violence. Regardless of your opinion on these laws, understanding the most common weapons charges you can face is critical if you own or plan to own a weapon. In addition, you’ll learn the importance of working with a Sacramento criminal defense lawyer to assist you if you have been charged with a crime in relation to a firearm.
What Are Common Weapons Charges in CA?
There are a number of gun laws enacted in California. Typically, these limit who can own and carry a firearm and the types permissible in the state. It’s important to understand that, in California, you are allowed to carry a concealed weapon, so long as you have a valid permit. Additionally, so long as you are eligible to own a firearm, you may purchase one, even without registration. However, if you aren’t licensed, you cannot remove the weapon from your home.
As such, one of the most common charges in California is unlawful possession of a firearm. As mentioned, California has strict gun laws, and as such, it carefully regulates who can own and carry a gun. One disqualifying factor is a felony conviction. As such, if you are a convicted felon, you can be charged with unlawful possession of a firearm if one is found on your person or property.
It’s also important to understand that you can be charged with a crime if you possess a weapon without the required permit. For example, assault weapons and rifles in California require registration due to the nature of these weapons. If found in possession of one without the necessary documentation, you can face serious charges.
In the event you carry a weapon into a prohibited location, like airports, schools, public parks, or government buildings, you can also face criminal charges. If you are permitted to concealed carry, you should always familiarize yourself with the weapons rules at these locations before bringing your firearm.
Finally, if found manufacturing, importing, or selling unlicensed weapons, you can face a minimum of four years in jail for this felony offense.
What Defenses Might I Be Able to Use?
If you are charged with a weapons offense in California, it’s imperative to take these matters seriously. In many instances, these charges are considered “wobblers,” meaning they can be charged as a misdemeanor or felony offense, based on the circumstances surrounding the charges. Regardless, working with an experienced criminal defense attorney is vital during these matters.
One potential defense your attorney may be able to utilize is a lack of intent. For example, if you are charged with purchasing an unlicensed weapon, you may have believed you were purchasing a weapon from a licensed seller. If you can prove that you did research to ensure the purchase was compliant with the law to the best of your understanding, but the seller intentionally misled you to believe they were in full compliance with the laws, you may be able to avoid charges.
Another potential defense is that the weapon was taken in an illegal search and seizure. To search your property, the police must have consent, probable cause, or a warrant. If they do not have any and conduct a search regardless, it constitutes a violation of your Fourth Amendment. As such, your attorney can fight to have the evidence collected in the search deemed inadmissible in court.
As you can see, your defense options will be heavily dependent on the circumstances of your case. Regardless, working with a criminal defense attorney from the Law Offices of Dale R. Gomes is critical. Our firm understands how difficult weapons charges can be to navigate, which is why we are committed to fighting for you. Contact us today to learn more.