California takes firearm-related offenses seriously. The state has an entire spectrum of regulations that govern everything from the ownership, possession, purchase, and use of guns and lethal weapons. Even though gun crimes are charged as misdemeanors or felonies, both types of charges attract serious criminal penalties that can have a devastating impact on a defendant’s life.  Because of the complicated nature of gun laws, it is in your best interests to enlist a skilled attorney the instant you are accused of a crime. At California Criminal Lawyer Group in Sacramento, we understand the intricacies of firearm offenses and the special rules and exceptions that come with specific crimes and not others. Our experience in the field allows us to provide top-quality counsel and representation.

We understand the magnitude of gun crimes and the fact that such offenses are prosecuted aggressively. As such, we dedicate ourselves to providing high-quality, personalized, and affordable representation to protect our clients’ best interests and futures. The last thing you can do after being charged is adopting a “wait and see” approach when it comes to gun crimes.

Gun and Weapon Crimes in California Defined

In California, most citizens have the right to possess a gun. Firearm ownership within the state is legal, although certain restrictions and limits govern this right. Moreover, many special conditions and exceptions apply, making it illegal to do certain things with your firearm, even if you have ownership/possession rights.

Generally, it is illegal to discharge a gun in public or conceal it without proper training and licensing. Moreover, certain people within the state are prohibited from owning a firearm. It is also imperative to understand the responsibilities that come with firearm ownership. For instance, the failure to exercise reasonable care when carrying a gun can lead to criminal charges.

Common Gun Offenses California and Their Penalties

If you own a firearm in California, knowing the various acts classified as gun crimes is crucial. Unfortunately, simply because you are trained and licensed to carry a gun doesn’t necessarily make you immune to committing offenses that attract severe penalties.

Let’s have a look at some of the common firearm offenses within the state:

Possession of a Loaded Firearm, California’s Penal Code 25850

The United States’ 2nd amendment gives American citizens the right to own firearms. However, California has set certain limitations that regulate who can possess guns and ammunition. Violating PC 25850 is a wobbler offense that can attract misdemeanor or felony charges depending on the facts of a case. Moreover, this offense can attract enhanced sentencing for other crimes involving firearms.

Even if a firearm is inoperable, the laws still consider it loaded if it has an unexpended cartridge or shell attached to it. In this case, the only viable defense is that you did not know that you had a loaded gun. It remains imperative to note apparent differences between carrying a loaded gun in public (PC 25850) and carrying a concealed gun (PC 25400). If you are arrested for carrying a concealed and loaded firearm, the prosecution will treat this as two different offenses, meaning you may face penalties for both.

Some of the people restricted from possession of a loaded firearm under this Penal Code include:

  • Persons deemed by the court to be a danger to themselves or others due to mental illness or addiction to narcotics.
  • Persons the court has declared to be mentally incompetent to face trial.
  • Persons the court has deemed not guilty on the grounds of insanity.
  • Persons deemed by the court to be mentally disordered sex offenders.
  • Persons placed on conservatorship because of grave disability caused by chronic alcoholism impairment or mental illness.
  • Illegal aliens or persons who have relinquished their US citizenship.
  • Ex-military members who were dishonorably discharged.
  • Fugitives of justice.
  • Persons stripped of their gun rights by the court because of committing certain felonies or misdemeanor offenses.

If carrying a loaded firearm is charged as a misdemeanor, the penalty may be as follows:

  • Incarceration for a term not exceeding 1-year.
  • A maximum fine of $1,000.

As aforementioned, violating Penal Code 25850 is a wobbler offense. Hence, it can be charged as a felony if any of the following aggravating factors exist:

  • A defendant has a felony conviction on their record.
  • The firearm was stolen or didn’t legally belong to a defendant.
  • A defendant is an active member of a criminal street gang.

If the courts impose felony charges, the punishment may be as follows:

  • Up to 3 years imprisonment.
  • A fine not exceeding $10,000.

Possession of a Firearm by a Felon—California’s Penal Code 29800

California’s Penal Code 29800 PC makes it illegal for convicted felons or those with outstanding felony warrants to own, purchase or possess firearms. You can face punishment under this Penal Code, even if you are caught carrying an otherwise legal gun. There are three groups of people prohibited from having guns under PC 29800. They include:

  • Convicted felons or persons with outstanding felony warrants.
  • Persons addicted to narcotics.
  • Persons convicted of any violent gun crime.

Violating Penal Code 29800 is a felony, and a conviction could lead to the following penalties:

  • Imprisonment for up to 3 years.

Possession of a Concealed Weapon—California’s Penal Code 25400(A)

California makes it illegal to possess a concealed firearm unlawfully. This is one of the most common gun crimes in the state where otherwise law-abiding citizens find themselves on the wrong side of the law for:

  • Carrying a firearm without a valid permit.
  • Carrying a gun without removing the ammunition or magazine.
  • Failure to transport a firearm under safe circumstances (locked trunk or container).
  • Carrying a gun openly in a holster.

Violating PC 25400(a) is a wobbler offense that is often charged as a misdemeanor. However, it can be charged as a felony if aggravating factors exist. These factors may include:

  • The defendant is a member of a criminal street gang.
  • The accused has a prior criminal conviction.
  • The concealed firearm was stolen.

If illegal possession of a concealed firearm is charged as a misdemeanor, the penalty may include:

  • Imprisonment for up to 1-year in county jail.

When this offense attracts felony charges, the punishment is as follows:

  • A jail term for up to 3-years in state prison.

Carrying a Firearm on School Grounds—California’s Penal Code 626.9

California’s PC 626.9 outlines the Gun-Free School Zone Act. The statute illegalizes the possession or discharging of a gun on school grounds. Following the ACT’s amendment in 1994, it is illegal to carry or discharge a firearm within 1,000 feet of any private or public school grounds.

As we mentioned earlier, some of the gun laws in California have exemptions. This is one of them, and it excuses firearm holders from facing criminal charges and penalties if:

  • A firearm is being legally transported and within a concealed environment (secured in a locked trunk or container).
  • The person in possession of the gun has a reasonable fear for their life.
  • The person possessing the firearm is authorized to carry a concealed weapon, e.g., a security guard or representative of a financial institution.
  • An active or honorably retired peace officer.

Violating PC 626.9 is a wobbler offense that can be charged as a felony or a misdemeanor. Even though the penalty you face will highly depend on the facts of a case, you are doomed to face felony charges if:

  • You are a convicted felon.
  • You are legally prohibited from possessing or buying a firearm.
  • A case involves carrying a gun into a school zone and discharging it.

When having a firearm on school grounds is charged as a misdemeanor, the penalty is as follows:

  • Jail time a California state prison for 2—5 years.

If you face felony charges, the punishment may include:

  • 3, 5, or 7 years’ incarceration.

It is also important to note that a conviction is likely to attract additional penalties. For instance, the courts will strip you of your gun rights. This is irrespective of whether you face felony or misdemeanor charges. Violating Penal Code 626.9 is a removable offense. This means that if you are not a U.S. citizen, you risk deportation following a conviction.

Carrying a Loaded Gun into a Government Building— California’s Penal Code 171 c

There are numerous premises classified as government buildings. They include the state capitol, Senate hearing rooms, State Assembly, Governor’s office, and Legislative offices, just to mention a few. Like PC 626.9, this Penal code also has exemptions. For instance, it is not illegal to carry a gun into a government building as long as you hold a valid license and a building’s authorities allow you to have it.

The laws excuse you from violating this Penal Code if you are a:

  • California Peace officer.
  • Peace officer from another state who’s on official duty in California.
  • Active or retired peace officer with authorization to carry a concealed firearm.

Having a loaded gun in a government premise is a wobbler offense. If charged as a misdemeanor, the punishment may be as follows:

  • Jail time in County prison for up to 1-year.
  • A fine not exceeding $1,000.

If charged as a felony, this violation is punishable by:

  • Probation for up to 1-year, or
  • Incarceration in county jail for 16 months, 3 or 3 years.

Possessing a gun Within an Airport or a Passenger Vessel Terminal—California’s Penal Code 171.5

Passenger vessel terminals and airports have sterile areas where people and their property are screened. If you carry a firearm into such areas yet lack a valid permit, you risk facing charges for violation of PC 171.5.

A PC 171.5 violation attracts misdemeanor charges. The offense is punishable by:

  • Summary probation, or
  • Up to 6 months incarceration in county jail.
  • A max fine of $1,000.

Brandishing a Gun in a Rude or Threatening Manner—California’s Penal Code 417

Every firearm holder in California is tasked with using and carrying the weapon responsibly. As such, brandishing a gun rudely or angrily is an offense as stipulated in Penal Code 417. This crime is also a wobbler offense, and you may face felony charges if an incident leads to the severe injury of another person.

If charged as a misdemeanor, punishment may include:

  • Up to 1-year imprisonment in county jail.

If charged as a felony, the penalty may be as follows:

  • Up to three years jail time in state prison.

Drive-by Shooting—California’s Penal Code 26100

Under California’s Penal Code 26100, PC drive-by shooting is illegal. This offense is described as the willful and malicious discharging of a gun from a vehicle or allowing another person to carry a firearm into your car. It is a wobbler offense charged as a felony or a misdemeanor, depending on the facts of a case.

If the prosecutor imposes misdemeanor charges, a conviction could lead to the following penalties:

  • Imprisonment in county jail for up to 6 months.
  • A fine of up to $1,000.

When a drive-by shooting leads to felony charges, punishment may include:

  • Incarceration in state prison 16 months to 3 years.
  • A maximum fine of $10,000.

Assault with a Gun—California’s Penal Code 245(a)(2)

California’s PC 245(a)(2) illegalizes assaulting someone else using any kind of firearm, including a rifle, pistol, machine gun, shotgun, or semiautomatic firearm. Note that you can face assault charges in the state even if your actions don’t lead to the actual injury of your alleged victim. As such, merely “pistol whipping” your victim or pressing your gun against them qualifies as assault with a firearm. Moreover, you could be charged with this offense if you fire at your victim but miss. In this case, the prosecutor must prove that you did this act willingly and maliciously and you had the present ability to harm your victim.

Assault with a weapon is a wobbler offense. Again, you may face misdemeanor or felony charges depending on the facts of your case.

When charged as a misdemeanor, the punishment for this offense may include:

  • Imprisonment in county jail for 6—12 months.

If you are charged with a felony, the penalty for this crime may be as follows:

  • Incarceration in state prison for 2,3 or 4 years.

California laws are harsh on persons who commit gun offenses. The penalties imposed are often staggering, irrespective of whether a crime is charged as a misdemeanor or a felony. Regardless of the charges you face, your best chance of enjoying a suitable outcome is to enlist a criminal defense attorney. It is always better to hire a lawyer immediately after you are charged because any decision you make can harm the outcome of your case.

Understanding the Different Levels of Gun Crime Charges in California

California has a long list of laws that govern and control the purchase, possession, transportation, and use of deadly weapons, including guns. Like the majority of criminal charges, gun crimes can fall under felony or misdemeanor categories. However, certain violations also attract additional penalties, forcing a judge to apply gun crime enhancement laws in the sentencing.

Let’s have a look at the different levels of gun crime charges in California:

Misdemeanor Charges

The majority of gun crimes in California are wobbler offenses. Typically, they are charged as misdemeanors but can attract felony charges in case aggravating factors exist. If you face charges for a gun crime misdemeanor, the offense is typically punishable by a jail term of about one year in county jail. Additionally, the court may impose a fine that will typically not exceed $1,000.

Felony Charges

Some offenses are straight felonies and carry harsh penalties. However, others are wobbler offenses. Even though wobblers can be charged as misdemeanors, you are likely to be charged with a felony if you have a criminal history, are a member of a criminal street gang, or an incident leads to the severe injury of another person. If you violate a Penal Code and face felony charges, the punishment will typically range from 1—20 years’ imprisonment in state prison.

Sentence Enhancement

In 2019, California passed new legislation that allowed judges to decide whether or not to include gun sentencing enhancements. This means that a judge has the discretion to include or strike out sentence enhancements based on the facts of a case.

Before this legislation, California had mandatory attachments to gun charges. These attachments would include a 10-year increment in the sentence of a defendant convicted of gun possession. On the other hand, you would get an extra 20-years on your punishment if convicted of firing a gun in public. The enhancement would also add 25+ years to your sentencing if using a firearm resulted in the death of severe injuries of another person.

Because it is entirely up to a judge to enhance your sentence or allow you to face the standard penalties for a misdemeanor or felony, you cannot afford to go without proper legal representation. With a competent criminal defense attorney in your corner, you have increased chances of ensuring you are not slapped with the full force of the law. A reliable lawyer will strive to protect your rights and put up a solid defense to ensure the prosecutor doesn’t prey on your vulnerable state.

Best Legal Defenses to Fight Gun Offense Charges

Gun offenses are complicated, and fighting charges is often an uphill task. However, a skilled attorney can use specific defenses to increase the odds of a judge dropping your case or the prosecution reducing your charges. Some of the best defenses your attorney could use include:

You Are Licensed To Carry a Gun

If you face any gun crime charges, one of the first aspects the prosecution will consider is whether you have a valid license to carry. Often, things can go from bad to worse once it is established that you don’t have a valid license. Note that for this defense to work in your favor, you must be in a position to table a valid firearm license.

You Lacked the Present Ability to Harm Anyone

When facing certain charges, such as assault with a gun, your attorney could claim that you were not in a position to cause anyone any harm. In this case, the prosecutor must prove beyond a shred of doubt that you had the present ability to inflict harm on your alleged victim. It will be unreasonable for the courts to convict you of the offense in certain instances. For instance, your attorney could claim that your gun was not loaded or that the alleged victim was several hundred yards from where you were standing.

Self-Defense

Additionally, your attorney can tell the court that you only acted in self-defense. This can be a viable defense if you are facing assault with a gun charge. The expert could also claim that you were in reasonable fear for your safety if you are being charged with carrying a concealed weapon. It could be that you are a domestic violence victim, and you were afraid that your stalking spouse would carry out their threats.

Lack of Probable Cause

California laws protect you from unwarranted searches conducted by persons in authority, such as police officers. It is illegal for an officer to search your car merely based on a hunch that you have a concealed gun. If you are a victim of an unlawful search and seizure, any evidence obtained by the police cannot be used in court.

You Lacked Knowledge of the Gun

One of the terms used in the majority of gun offenses is “willfully.” As such, you can only be convicted of a crime if you committed it intentionally. It is hard to prove intent if your lawyer argues that you had no idea that you had a firearm in the first place. It could be that someone hid it in your backpack, and you accidentally walked with it into a protected building, such as a government premise.

Find a Sacramento Criminal Attorney Near Me

It is perfectly normal to feel anxious and confused when accused of a gun offense. Fortunately, we can offer you the much-needed help. As soon as you contact us, we will begin gathering pieces of evidence that can help strengthen your defense. At California Criminal Lawyer Group in Sacramento, we understand that things can go south quickly when dealing with gun crime charges. We, therefore, go over each case with a fine-tooth comb to find even small details that can help us build the best defense. If you face gun crime charges in Sacramento, CA, call us now at 916-775-7660 for a free consultation.