Stay on top of changes to California’s gun laws to avoid criminal charges.
Gun rights in the United States are controversial, including right here in California. However you feel about gun ownership and gun control, staying on top of changing gun laws is critical if you want to avoid legal problems. As experienced San Bernardino criminal defense attorneys, we believe that knowing about these new laws is vitally important to avoiding being charged with a crime.
Starting on January 1, 2017, multiple new laws went into effect in California that restricted residents’ rights to own specific guns and ammunition. Several of these laws will likely be challenged in court. All Californians who own or use guns should still be aware of these laws and make sure that they comply with the laws until these matters are settled.
First, Californians are banned from purchasing semi-automatic centerfire rifles or semi-automatic pistols that have “bullet-button” devices to release spent magazines. In addition, guns without fixed magazines are classified as assault weapons if they have any military style features. Under the law, fixed magazines are ammunition feeding devices that are contained in or permanently attached to a firearm that cant be removed without taking it apart. If you lawfully possessed the weapon prior to January 1, 2017 and registered the gun with the Department of Justice before January 1, 2018, you are exempt from the ban. If you are not exempt from the ban, then possession of an “assault” weapon — as defined by the law — can be charged as a felony or misdemeanor offense, punishable by up to one year in jail.
Second, as of July 1, 2017, California law will prohibit ownership of magazines capable of holding more than 10 bullets. If you own a magazine of that capacity, you will have to either destroy it, sell it to a licensed gun dealer or hand it in to law enforcement. Guns are only exempt from this law if it was legally purchased before January 1, 200, no magazine that holds 10 or fewer rounds of ammunition is compatible with the weapon, and the magazine is used only with that weapon. Otherwise, possession of a magazine under this law is an infraction, punishable by a fine of up to $100 for a first offense and $500 for a third or subsequent offense.
Third, California has made it a misdemeanor to buy a gun with the intent of giving it or selling it to someone else (commonly known as straw purchasing), or filing a false police report about a gun being lost or stolen. Violating these laws will result in a criminal conviction and in a ban from being allowed to purchase a gun for a period of ten years.
Fourth, California has also enacted a law that will go into effect on January 1, 2019 that will require background checks for ammunition sales, and for most ammunition sales to take place in-person. Violations of this law will be a misdemeanor offense. There are numerous exceptions to this law, such as selling up to 50 rounds per month to a family member or to fellow hunters while hunting. Another law that will go into effect on July 1, 2019 would prohibit California residents from buying ammunition in other states unless it has first been delivered to an authorized ammunition dealer in California.
The laws regarding guns in California are complex, and changing. An experienced San Bernardino criminal defense attorney can help you if you have been charged with a violation of the law regarding guns and/or ammunition, and can fight to protect your legal rights.
The Chambers Law Firm represents Californians who have been charged with all types of crime, including gun crimes. We offer free initial consultations, where we explain your legal rights and options. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule an appointment.
