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At YourDefenseAttorneyLA we have the best criminal defense attorneys in Los Angeles, with over 40 years of experience and more than 1000 cases won in their background. We offer top notch service to the entire Latino community. We can speak in Spanish for the convenience of our clients.
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To learn more about the laws related to Weapon Possession offenses in the state of California, we advise you to keep reading, our goal is to clear all your doubts, but keep in mind that the information offered here should not be used as a substitute for a qualified and experienced attorney in criminal cases to defend you.
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"(a) A person is guilty of carrying a concealed firearm when the person does any of the following:
(1) Carries concealed within any vehicle under his or her control or direction any pistol, revolver, or other firearm that may be concealed on the person.
(2) Carries concealed upon the person any pistol, revolver, or other firearm that may be concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm that may be concealed upon the person…"
California Statutes – Penal Code 25400
What does Weapons Possession mean?
It is when an individual or individuals illegally possess a firearm or weapon. Many societies in the past and present have imposed restrictions on citizens on the use of different types of weapons, and to a lesser extent on police, they may purchase, possess and carry in public places.In California, it is a crime to carry firearms (loaded or unloaded) in public places. If this person possesses a legal permit to carry, the offense will not be prosecuted.
Can I own a Weapon?
Each state has its own rules and laws for carrying a gun. In California you can own a rifle or shotgun from the age of 18, and in order to own a handgun you must be 21 years of age or older. There are now certain terms that prohibit gun ownership, such as:
- Persons who have been incarcerated for more than 1 year.
- Fugitives from the law.
- Persons who use drugs illegally.
- Persons diagnosed with mental problems.
- An individual who is unlawfully present in the United States.
- An individual who has been dishonorably discharged from the U.S. military.
- An individual who has a restraining order for family violence.
Is it a crime to Possess a Concealed Firearm?
According to California Penal Code 25400 PC is a misdemeanor. If an individual is convicted of possessing a concealed firearm they can be sentenced for one year in jail and pay a $1,000 fine. When it is considered a misdemeanor, probation is applicable. And he will spend little or no time in jail. It is now considered a felony when Penal Code 25400 is violated, these are some of the grounds on which you may be charged. If you possess a loaded firearm either inside a vehicle or on the street in a public place, this can be considered a felony if the firearm is stolen or you are a member of a gang, according to Penal Code section 12031.
- If you have previously been an ex-convict, a felon, have had narcotics or drug use, are on probation, or have been charged, you are prohibited from possessing a firearm, according to Penal Code section 12021.
- If you draw a loaded or unloaded gun or any other dangerous weapon in a fight or moment of anger, it is considered a felony or misdemeanor under Penal Code section 417.
- According to article 12280 of the Penal Code the possession of assault weapons is prohibited, they can be legal only if they were obtained before June 1, 1989 and if they are registered according to the law.
- According to article 12280 of the Penal Code the sale, distribution, or manufacture of assault weapons is prohibited, as it is considered a felony or misdemeanor. According to article 12090 of the Penal Code it is a violation to change the name of the manufacturer or the model number of the weapon.
- According to article 12023 of the Penal Code it is a crime to possess a loaded weapon with the intent to commit a crime, this action may be considered a felony or misdemeanor.
- According to article 417.4 of the Penal Code, it is a crime to display or exhibit in public areas an imitation firearm, i.e. a toy gun, since it causes other persons around it a reason to fear bodily harm; this is considered a misdemeanor.
- According to Article 245 (a) (2) of the Penal Code it is a crime to shoot, aim or simply wave the gun in front of someone.
- According to article 246 of the Penal Code it is a felony to deliberately fire a firearm at a dwelling, a building with persons inside or at a vehicle with passengers.
- According to article 246.3 of the Penal Code it is a crime to fire a weapon in a negligent manner whether it is a firearm, shotgun or pellet gun, if committing this action causes a death or injury the charge will be declared as a felony.
- Unlawfully possessing a firearm. Under California Penal Code Section 29,800 PC, you are prohibited from possessing a firearm to commit or attempt to commit a violent felony. For example: murder, rape, robbery, kidnapping, carjacking.
When is Gun Possession Legal in California?
Several conditions must be met. If you are a California resident and have completed the firearms training course. In addition, there must be a valid reason for carrying the weapon. The California government does not recognize injury to family or relatives and a training course of approximately 8 hours must be completed and must include target practice with live ammunition.
What Happens if I am Convicted of Possessing a Concealed Firearm?
You will get probation with up to one year in county jail. And 16 months to three years in California state prison with a $10,000 fine.
Our criminal defense attorneys will listen to you and attend to your case.