In California, most individuals aged 21 and up have the right to buy, own, and own a gun, but state rules regulate how weapons can be stored, transported, and carried. Furthermore, it is unlawful to manufacture, sell, or possess certain types of guns in California, and violating these laws may result in severe fines and the loss of rights. Keep reading to learn about gun charges and contact Chambers Law Firm at 714-760-4088 if you require a free legal consultation.
What guns are prohibited in California?
This part of the penal code covers a long list of generally forbidden weapons, including firearms, that are illegal to manufacture, sell, or possess. The following firearms are outlawed under PC 16590:
- Shotguns with short barrels
- Rifles with short barrels
- Weapons that are undetectable
- Zip guns
Penal Code 30600 also prohibits “assault weapons” and BMG rifles. Manufacturing, importing, selling, distributing, transporting, or giving away these weapons is prohibited. Possessing them is likewise against the law under Penal Code 30605.
Aside from weapons, state firearm regulations place limitations on:
- Stun guns
- Laser scopes
- Armor-piercing bullets
- Silencers
The burden or proof.
To convict you of violating PC 16590, the prosecution must establish beyond a reasonable doubt that you intentionally possessed, bought, received, lent, retained for sale, offered for sale, manufactured, or imported a generally illegal weapon into the state in order to get a conviction. It must also show that you were aware that it was an illegal weapon meant for illegal purposes or capable of being used for illegal purposes.
You may be charged with possession even if you were not physically carrying the weapon. Possession can be negative or positive. You would be carrying the item at the time of your arrest if you had real possession. With constructive possession, the object may be located in a place where you have access and control, such as your house or automobile.
What are the consequences of carrying an illegal firearm?
PC 1650 violations are wobbler offences that can be prosecuted as either a misdemeanor or a felony. A misdemeanor conviction can result in up to 364 days in county prison, a fine of up to $1,000, or both. A felony conviction can result in 16 months, two years, or three years in county jail, as well as a $10,000 fine or both.
What are the legal defenses to charges of using generally prohibited weapons?
There are legal defenses to raise on your side if you are accused of possessing, producing, or selling generally illegal weapons, such as:
- You had no idea you had the weapon in your hands or that it may have been used for illegal purposes
- It was not a generally forbidden weapon
- You had an authorization to possess a usually forbidden weapon.
If you’ve been charged with breaking California’s gun regulations, you’ll need a legal team that’s both aggressive and skilled on your side. Contact Chambers Law Firm at 714-760-4088 to request a free legal consultation from a top Santa Ana criminal defense attorney.
