Riverside Weapons Charges Lawyer
The California legal system has a well-earned reputation for being tough on weapons, incorporating nearly 110 separate laws restricting the use of firearms. In fact, California has maintained its ranking as the number one state for restrictive gun laws over the past two decades. Compared to all other states, California utilizes the highest number of legal guidelines that regulate the sale, purchase, manufacture, possession, storage, transportation, and firing of guns. With one in four adults residing in a household with a gun, these weapons laws directly impact approximately 4.2-million-gun owners and an additional 3.1 million adults living in the same household for a total impact on 7.3 million California residents.
Because the state of California features such extensive firearms laws, many people unintentionally break the law without even realizing it until they are confronted with weapons charges. A simple mistake can result in misdemeanor or even felony convictions with costly fines and lengthy jail sentences. Even after fulfilling legal obligations imposed by the court, weapons convictions can cause long-lasting effects on nearly every aspect of your life. You can experience difficulty finding housing, pursuing academic scholarships, or securing a livelihood to support your family and may even have your child custodial rights revoked.
Confronting weapons charges may seem overwhelming, but with qualified legal representation from an experienced criminal defense lawyer, you never have to do it alone. Find the answer to common weapons charge questions below, then contact the Law Offices of Kathleen G. Alvarado today. Our expert team of Riverside weapons charges attorneys understands the seriousness of a firearm conviction and can help you navigate your case to achieve a favorable outcome.
What Are the Requirements for Having a Gun in California?
The Second Amendment of the US Constitution guarantees American citizens the right to bear arms, but each state features its own set of laws that govern firearms transactions and regulate firearm use. In the state of California, most residents 21 years of age and older retain the right to acquire, own, and possess a gun, but there are limitations to exercising this right. State law requires you to obtain a Firearm Safety Certificate (FSC) before you may legally purchase or otherwise obtain a gun. However, there are exemptions in cases where you have obtained a legally valid hunting license and possess a long gun like a hunting rifle or shotgun, or if you are a certified collector, current and former law enforcement, or military.
After satisfying this requirement, you must follow additional laws regarding the carrying, transportation, storage, and use of the gun. You can keep a gun within your home or business and transport it while in a locked container. However, it is illegal to openly carry a gun, whether loaded or unloaded. It is also illegal to carry a concealed weapon without a lawful permit. The law prohibits certain individuals from having a gun based on their criminal record or mental health status and stipulates specific locations in which even lawful gun owners cannot bring their weapons. It also restricts residents from making, possessing, or selling certain types of firearms.
California gun laws also outline restrictions for ammunition and certain gun accessories, such as armor-piercing rounds and silencers. If you previously received a criminal weapons conviction and the state has barred you from gun ownership, you are also prohibited from owning ammunition.
What Are the Requirements for Having a Gun in California?
The Second Amendment of the US Constitution guarantees American citizens the right to bear arms, but each state features its own set of laws that govern firearms transactions and regulate firearm use. In the state of California, most residents 21 years of age and older retain the right to acquire, own, and possess a gun, but there are limitations to exercising this right. State law requires you to obtain a Firearm Safety Certificate (FSC) before you may legally purchase or otherwise obtain a gun. However, there are exemptions in cases where you have obtained a legally valid hunting license and possess a long gun like a hunting rifle or shotgun, or if you are a certified collector, current and former law enforcement, or military.
After satisfying this requirement, you must follow additional laws regarding the carrying, transportation, storage, and use of the gun. You can keep a gun within your home or business and transport it while in a locked container. However, it is illegal to openly carry a gun, whether loaded or unloaded. It is also illegal to carry a concealed weapon without a lawful permit. The law prohibits certain individuals from having a gun based on their criminal record or mental health status and stipulates specific locations in which even lawful gun owners cannot bring their weapons. It also restricts residents from making, possessing, or selling certain types of firearms.
California gun laws also outline restrictions for ammunition and certain gun accessories, such as armor-piercing rounds and silencers. If you previously received a criminal weapons conviction and the state has barred you from gun ownership, you are also prohibited from owning ammunition.
Who Is Prohibited from Having a Gun?
In general, the state of California prohibits the following individuals from purchasing or possessing a firearm or ammunition:
- Individuals with felony convictions
- Individuals with an addiction to narcotics
- Individuals with two or more convictions for brandishing a weapon
- Individuals with certain misdemeanor convictions, such as domestic violence
- Individuals with mental illnesses
- Individuals under the age of 18, excluding BB guns with parental consent
As the result of a weapons conviction, you may lose the right to own a gun, but you may petition the court to reduce a felony charge to a misdemeanor (when possible) and restore your rights by requesting an official pardon from the Governor of California. Additionally, the state’s “red flag” law allows coworkers, employers, or teachers to pursue a gun violence restraining order against you. This law allows for the removal of your firearm from your possession if others believe you are dangerous and may use this weapon to harm another person.
Which Firearms Are Illegal?
The firearms listed below are considered “generally prohibited weapons” by California state law:
- Rifles with short barrels, defined as having barrel less than 16 inches long or an overall length under 26 inches
- Shotguns with short barrels, or “sawed-off shotguns”, defined as having barrels less than 18 inches long or an overall length under 26 inches
- Undetectable firearms, which are constructed of plastic or ceramic and allow the individual carrying them to pass through metal detectors
- Firearms that cannot be immediately recognized as such
- Unconventional pistols, or one-handed firearms that do not feature a rifled bore and have a barrel less than 18 inches long or an overall length under 26 inches
- Camouflaging firearm containers, designed to conceal a firearm that can fire without being removed from the container
- Cane guns, which are firearms enclosed in an object that appears to be a walking cane
- Wallet guns, or firearms enclosed within small cases
- Zip guns, or improvised firearms constructed from miscellaneous materials
It is a crime to manufacture, import, possess, sell, lend, or give any of these prohibited firearms to another person. Violations of these laws are “wobbler” offenses, meaning the prosecution can charge the crime as a misdemeanor or a felony depending on the circumstances of the offense. Penalties for a misdemeanor are a county jail sentence for up to one year and/or a maximum $1,000 fine. Penalties for a felony are a prison sentence of up to three years and/or a maximum $10,000 fine.
Which Firearms Are Illegal?
The firearms listed below are considered “generally prohibited weapons” by California state law:
- Rifles with short barrels, defined as having barrel less than 16 inches long or an overall length under 26 inches
- Shotguns with short barrels, or “sawed-off shotguns”, defined as having barrels less than 18 inches long or an overall length under 26 inches
- Undetectable firearms, which are constructed of plastic or ceramic and allow the individual carrying them to pass through metal detectors
- Firearms that cannot be immediately recognized as such
- Unconventional pistols, or one-handed firearms that do not feature a rifled bore and have a barrel less than 18 inches long or an overall length under 26 inches
- Camouflaging firearm containers, designed to conceal a firearm that can fire without being removed from the container
- Cane guns, which are firearms enclosed in an object that appears to be a walking cane
- Wallet guns, or firearms enclosed within small cases
- Zip guns, or improvised firearms constructed from miscellaneous materials
It is a crime to manufacture, import, possess, sell, lend, or give any of these prohibited firearms to another person. Violations of these laws are “wobbler” offenses, meaning the prosecution can charge the crime as a misdemeanor or a felony depending on the circumstances of the offense. Penalties for a misdemeanor are a county jail sentence for up to one year and/or a maximum $1,000 fine. Penalties for a felony are a prison sentence of up to three years and/or a maximum $10,000 fine.
Are Assault Weapons Illegal?
Yes, under California Penal Code 30600, it is a crime to manufacture, transport, import, sell, give away, or otherwise distribute assault weapons or weapons that can fire .50 Browning Machine Gun (BMG) cartridges. Assault weapons include over 70 types of firearms, such as AK series rifles, Striker 12 shotguns, and Uzi submachine guns. Some semiautomatic centerfire rifles are classified as assault weapons, such as Bushmaster semi automatic rifles, TAVOR Bullpup rifles, and Micro-UZI submachine guns. However, certain qualified individuals can obtain a permit to manufacture these types of weapons and sell them to military or law enforcement agencies.
California courts charge violations of assault weapons laws as felony crimes, with penalties including a county jail sentence for up to eight years or felony probation. This jail sentence could receive an enhancement with penalties of up to an additional year if the defendant sold, loaned, gave, or transferred the weapon to a minor.
California Penal Code 30605 also outlines penalties for possessing an assault weapon or .50 BMG. This crime is a wobbler offense, with penalties for a misdemeanor charge consisting of a county jail sentence of up to one year and/or a maximum $1,000 fine. When charged as a felony offense, this crime is punishable by up to three years imprisonment.
Which Types of Ammunition and Gun Accessories Are Illegal?
In addition to the firearms themselves, California law prohibits the ammunition and gun accessories listed below:
- Armor-piercing ammunition
- Bullets with explosive agents
- Silencers
- Multi-burst trigger activators
- Stun guns if possessed by individuals convicted of a felony, assault charge, or any crime that involves the misuse of a stun gun, narcotic addicts, minors under 16 years of age, or minors 16 years of age or older without written parental consent
- Laser scopes and laser pointers when directed at another person in a threatening manner
Which Types of Ammunition and Gun Accessories Are Illegal?
In addition to the firearms themselves, California law prohibits the ammunition and gun accessories listed below:
- Armor-piercing ammunition
- Bullets with explosive agents
- Silencers
- Multi-burst trigger activators
- Stun guns if possessed by individuals convicted of a felony, assault charge, or any crime that involves the misuse of a stun gun, narcotic addicts, minors under 16 years of age, or minors 16 years of age or older without written parental consent
- Laser scopes and laser pointers when directed at another person in a threatening manner
Where Are Guns Prohibited?
California law prohibits individuals from having weapons in certain areas. Penalties consist of fines up to $1,000 and jail sentences ranging from six months to seven years. Prohibited areas include:
- School grounds, including public and private K12 schools as well as student or teacher housing in a university
- Public buildings leased or owned by state or local government, in which employees regularly perform official duties or hold meetings open to public attendance
- Government buildings, including the State Capitol, the Legislative Office Building, any other legislative office, or any hearing room a Senate or Assembly committee uses to conduct a hearing
- Governor’s Mansion, other residences of the Governor, residences of other constitutional officers, and residences of members of the California Legislature
- Airports and passenger vessel terminals
- Public transit facilities, such as subways, trains, and buses
CONTACT US TODAY FOR LEGAL DEFENSE IN RIVERSIDE, CA
If you are faced with weapons charges in California, contact The Law Offices of Kathleen G. Alvarado today. Misdemeanor or felony weapons convictions can significantly impact your life with devastating consequences that hinder your opportunities and follow you for years to come. For over four decades, we have helped clients just like you navigate the confusing, complicated legal defense process of fighting against firearms charges.
We offer one-on-one consultations to discuss your priorities and develop a strategic plan to achieve the best result in your case. Contact the Law Offices of Kathleen G. Alvarado today by submitting our contact form. Our experienced Riverside weapons charges lawyers will investigate your case, protect your rights, and aggressively advocate for you in court.
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