Know Your Rights: California Has Some of the Strictest Gun Laws in the Country

Know Your Rights: California Has Some of the Strictest Gun Laws in the Country

There is no getting around it: California has some of the strictest gun laws in the United States. In fact, it can seem impossible to keep up to date on all the laws and their potential consequences. At Chambers Law Firm we are experienced in weapons charges and gun laws. If you are arrested for a related charge then we welcome your call at 714-760-4088 for a free legal consultation.

Conviction related to concealed firearms

If you are caught carrying a concealed firearm in California then you are likely to be charged with a misdemeanor, which can come with up to a year in jail and as much as $1,000 in fines. There are other circumstances that can raise the charge to a felony, which can result in up to three years in jail and as much as $10,000 in fines. Some of those circumstances include:

  • Prior felony conviction
  • Carrying a stolen firearm
  • Being a member of a gang
  • Unlawfully possessing the gun
  • Being a felon with a firearm
  • Being prohibited from owning a gun due to previous convictions

The right attorney can help you determine the best way to fight charges.

Conviction related to carrying a loaded gun in public

It is illegal in California to carry a loaded firearm in a public space. This includes having a loaded firearm in a vehicle, unless said firearm is in the trunk or a locked container. The law considers a firearm loaded if it has an unspent cartridge or shell in the firing chamber, clip, magazine, or any other type of attachment associated with the gun. Even if the gun is not operable, a person can still be charged with carrying a loaded gun in public.

One important factor to note is that the law requires that the accused knew that they had a loaded gun. If they did not, then they are not guilty. For example, if a person was driving a friend’s car and their friend had a loaded gun in the car, then the driver would not be responsible unless they knew about the loaded gun. There are no open carry permits in California which means that it is not legally to openly carry a firearm whether it is loaded or not.

A conviction for carrying a loaded gun in public can result in the same consequences as those listed above for carrying a concealed firearm.

Are you the victim of an overzealous prosecutor?

These gun laws are so prohibitive and change so often that honest mistakes are often made. A person may simply not realize that the gun they are carrying, or the way they are carrying it, is illegal. If you are caught up in this type of situation then you need an attorney on your side. You can reach Chambers Law Firm at 714-760-4088 for a free legal consultation.

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