California Penal Code 245(a)(2) - Assault with a Firearm
California Penal Code 417 - Brandishing a Weapon or Firearm
California Penal Code 626.9 - Gun-free School Zone Act
California Penal Code 25400 - Carrying a Concealed Weapon
California Penal Code 26350 - Openly Carrying Unloaded Handguns
California Penal Code 26500 - Unlicensed Sale of Firearms
California Penal Code 25850 - Loaded Firearm in a Public Place or Vehicle
California Penal Code 29800 - Felon with a Firearm
Although the Second Amendment of the U.S. Constitution guarantees a citizen's right to bear arms, there are local rules and laws that still must be obeyed. In fact, there are so many laws on the books that it takes an average citizen quite a lot of effort to ensure that they remain in compliance. California's gun laws are so complicated, that any criminal charge rest entirely on variables such as the type of weapon, the magazine size/capacity, how the weapon was acquired/purchased, how the weapon was being transported, registration status, and how the weapon was discovered.
In fact, if you are charged with possession of an assault weapon, your charges can be classified as a felony, misdemeanor or a simple infraction, depending on a host of circumstances.
For PC 29800 - otherwise known as "Felon with a Firearm" seems to relate to convicted felons, but the law also applies to defendants convicted of specific misdemeanors and people who are classified as narcotic drug addicts.
There are specific rules that will get a nearly instant arrest. For instance, if you are in possession of a “sawed off” shot gun or an illegal knife. But equally dangerous weapons like a throwing star or other martial arts weapons may not. PC 245(a)(2) calls for arrest is you use a firearm in an assault (even if you point a loaded gun as someone and do not shoot), or hit someone with a gun.
PC 25850 calls for immediate arrest for anyone carrying a loaded weapon into a public place or vehicle. But even that law is not as simple as it sounds. You may carry a loaded weapon if you are a peace officer or federal agent, a member of the military, you have received POST certification (PC 26025), you are a recreational shooter (PC 26005 and 26040), if you are an armored vehicle guard or security guard or a private investigator (PC 26015 and 26030), or you are a civilian who has been issued a California permit to carry a concealed firearm (PC 26010)
There are more variables, but there are simply too many to list. Note that if you do not fit any of the legal exemptions, all weapons charges can all be classified as either felonies or misdemeanors, so the punishment can vary greatly. That's why you need knowledge and experience to prepare a solid and valid defense.
If you or someone you know has been charged with illegal possession of a weapon, please contact our office immediately. We will educate you on the laws surrounding these charges, as well as help you in planning a defense strategy.
Proper Defense, Effective Solution
Anytime the defendant is facing felony weapons charges, the defense must move decisively and quickly. Specific actions must be taken in planning your defense - even if the charges are misdemeanors. Your attorney must be aggressive and proactive to preserve evidence, file appropriate motions and propound discovery - even if this a first-time offense with misdemeanor charges.
Please contact our office today if you or someone you know has been charged with an illegal weapons charge. We will set an appointment to discuss your case details and possible defense strategies. The initial consultation is free.
The Law Offices of Stull & Stull has the utmost experience and expertise in California for defending our clients against the high penalties for all weapons charges. Attorney Adam Stull previously acted as a prosecutor and has handled a variety of cases. We are very familiar with the range of complexity that may accompany even the simplest cases.
Our familiarity extends to experience, but also with practical knowledge of California's complex weapons laws. We can respond appropriately, as well as to propose lawful alternatives to various penalties or sentences that can end up being unnecessarily harsh or unjust.
The Law Offices of Stull & Stull has more than 45 years of combined criminal trial experience in Orange County as well as Los Angeles, Riverside, San Bernardino, San Diego, Santa Barbara, Kern, Tulare, Fresno and Ventura counties. The Law Office of Stull & Stull is based in Laguna Hills, California.