Strict gun control laws and enhanced sentencing rules mean you have a lot at stake when you face weapons charges in Southern California. New gun control laws went into effect in California at the beginning of 2016, and more new laws may be on their way.
The California legislature recently passed bills that could eventually add even greater restrictions. California already has some of the toughest gun control laws in the United States—some experts say THE toughest. Although the United States Constitution gives citizens the right to own firearms, it isn’t necessarily an unlimited right. States are allowed to set their own rules about gun sales, prohibited weapons, and carrying concealed weapons in public. People disagree about where to draw the lines, so the laws vary a lot from state to state.
For example, in California it is illegal to:
- Possess a firearm if you are convicted of a felony or a violent crime,
- Possess certain types of weapons, or
- Carry a loaded weapon in a public place.
Gun violence TRO
In recent years, California lawmakers have tried to respond to tragic events by passing more restrictions to try to prevent additional casualties. One law that went into effect at the beginning of 2016 allows family members and law enforcement agents to get a temporary restraining order to prevent gun violence. If they believe that you are a threat to yourself or others, police could seize your guns—even if you are legally authorized to own them—for 21 days.
Guns and Proposition 47
Among the bills that the California Senate recently passed was a proposal for an exception to Proposition 47. Proposition 47 reduced punishments for many non-violent crimes. One section says that stealing property worth less than $950 can only be charged as a misdemeanor. But in November 2016, voters could allow gun theft to be prosecuted as a felony, even if the gun is worth less than $950.
Other bills would prohibit sales of semiautomatic rifles with detachable magazines or “bullet buttons,” prohibit sales of magazines of more than 10 bullets, and require you to show ID when purchasing ammunition. Those bills must be approved by both houses of the California legislature before the governor signs them and they become law.
“Use a gun and you’re done”
Not only does California have tough gun control laws, but California’s tough sentencing laws mean serious consequences when guns are used to commit a crime. The “use a gun and you’re done” law means you could get an extra 10 years in prison for using a gun when committing a felony, 20 years for actually firing it, and 25 to life for killing or seriously injuring someone with the gun.
The BEST defense
If you are facing gun charges in Southern California, you need an attorney who knows the law and all the possible defenses. You need an attorney who will fight for you every step of the way. Don’t wait—contact Dan E. Chambers now by calling 714-760-4088, emailing dchambers@clfca.com, or sending a message via the Chat box at the bottom right of this page.
