Dublin Gun Lawyer
Gun regulation is a nuanced area of legislation, balancing constitutional concerns with public safety considerations. California’s gun laws are especially complex, and a conviction can lead to very significant penalties for firearms offenders.
California Gun Laws
Although California does not require permits to buy firearms – and does not require owners to register rifles and shotguns – the state does require the registration of all handguns and any firearms that are considered to be “assault weapons.” Even if you legally own such weapons, failing to register such weapons properly is a crime in California.
The purchase of firearms in California is also a complicated process that requires attention to detail by each party involved. Some of the steps that must be completed by anyone who wishes to purchase a firearm in California include:
- Providing a California driver’s license or a state-issued ID card – and one other form of identification that proves they reside within the state (Non-residents cannot purchase firearms in California)
- For handgun purchases, obtaining a “Handgun Safety Certificate” – which will be issued after the purchaser has passed a written test administered by the California Department of Justice (CDOJ)
- Submitting a thumb-print and completing a detailed application that is then processed by the CDOJ (There is a 10-day waiting period for all firearms purchases – and, once approved, a prospective buyer must complete the purchase within 30-days.)
California also enforces strict assault weapons regulations. The sale of assault weapons is completely banned, as are detachable magazines over ten rounds, and all assault weapons must be registered with the state.
Potential Charges & Penalties
Once someone has legally obtained a firearm in California, there are a variety of statutes and regulations that control how, when and where they can carry and use the weapon. Some of the most common weapons violations include carrying a concealed weapon, carrying a loaded weapon, threatening someone with a weapon, improperly transporting a gun in a car, discharging a weapon within a building that is occupied by others, carrying a gun into an area or building that bans all weapons, illegally selling firearms, and possessing an illegal weapon (e.g., a cane gun, a wallet gun, a zip gun, an unregistered assault rifle, etc.).
Minor weapons violations are classified as misdemeanors and are punishable by up to 1-year in jail and a fine of up to $1,000. More serious weapon violations, on the other hand, may be classified as felonies and are punishable by one to 20 years in prison.
Being found guilty of a gun violation in California can have both immediate and long-term consequences. In addition to whatever court-ordered penalties might be involved, a weapons conviction could make it difficult to secure a job or a place to live, obtain a loan, or own a weapon in another state.
Depending on the specific facts and circumstances regarding a particular case, an individual charged with a weapons violation, or their attorney, may be able to raise a variety of defenses. These include, but are not limited to, the following:
- The weapon in question was illegally found and seized by police
- The firing of the weapon was unintentional
- The weapon was used in self-defense
- The weapon is owned by someone else
How A Dublin Gun Attorney Can Help You
If you have been charged with any type of weapons violation, it is vitally important that you contact a Dublin gun lawyer who is thoroughly familiar with the nuances of California’s gun laws. Consulting with an experienced criminal defense attorney could help to ensure that all your legal rights are fully protected and that you are able to raise any available defenses.