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The state of California tightly regulates who may possess, carry and use a firearm and what types of firearms are considered lawful. We have a vast and complicated network or laws regulating the use of firearms, including laws that increase the penalties for certain crimes if firearms were used to commit the crime. Certain firearms, such as automatic weapons, are outright prohibited in California for private citizens. Likewise, certain people are not allowed to have an otherwise legal firearm, including convicted felons, people on some types of probation, juveniles convicted of serious crimes, mental patients and people who are subject to a restraining or protective order.
Common firearms charges include:
Brandishing a Weapon (PC §417) - which is defined as drawing a firearm or other weapon, and waving it in a threatening or rude manner. This is punishable with a minimum of 30 days in jail, but that punishment goes up if the firearm is brandished in public; if the firearm is concealable or if the brandishing took place in front of a police officer.
Carrying a concealed weapon (PC §12025), which can be a misdemeanor or felony, depending on the circumstances. California allows local law enforcement agencies to issue concealed weapons permits to people who qualify and have completed safety training. If you don't have such a permit, carrying a loaded, concealed weapon in public is a serious felony.
Possession of firearms (PC §12280-12282), which can include firearms that are illegal in California, or firearms that are legal but that you do not have permission to own. Many laws fall under this description, and carry felony or, more rarely, misdemeanor penalties.
Because there are so many laws regulating firearms in our state, a firearms charge is very complicated.
The type and severity of the charges you could face change according to your personal circumstances,
where you were during the time of the alleged crime, whether the gun was loaded and whether it was concealed.
That's why you should call our law office as soon as possible after you or someone you care about is
charged with a firearms violation. We can help you sort out the law, look at the circumstances to build the best possible defense and
work to try to get your charges dismissed.
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