California has strict gun laws. In 2020, many new laws were added to bolster gun control in this state. Firearm owners and those who wish to buy a gun must understand California gun laws.
Read on for answers to common questions on California gun laws.
Am I Prohibited From Possessing Or Owning A Gun In California?
The second amendment to the country’s constitution has given people the right to bear arms; however, many states have put in place strict laws that restrict gun ownership. California has some of the strictest gun control laws in the United States.
In California, you cannot possess or buy a gun if:
- You have two or more convictions for brandishing a weapon
- If you are a convicted felon with unrestored gun rights
- If you suffer from mental health issues
- If you are a narcotic addict
- If you are under 18 years of age
- If you have been convicted of crimes such as domestic violence
The state’s red flag law, which became active in 2020, empowers a judge to issue restraining orders to take away guns from individuals who may be deemed as dangerous based on petitions by employers, coworkers, or teachers.
You can safely and legally purchase a gun in California if you are not a restricted individual as per above. Individuals over 21 years of age and all those who fulfill the exemptions can purchase a firearm. You must possess a firearm safety certificate. You must fulfill the other requirements necessary for buying a firearm.
After purchase, the seller can transfer the firearm to the buyer post a 10-day waiting period.
Am I Allowed to Carry A Concealed Gun In California?
In California, you cannot carry a concealed weapon unless you have a Concealed Carry Weapon (CCW) license. California Penal Code 25400 specifies that knowingly carrying a firearm on your body, your personal belongings, or anywhere within reach is a crime.
The Law Offices of Alex R. Hernandez Jr. represent individuals charged with carrying a concealed weapon. We are aware of all the defenses that are potentially available to the accused.
If convicted of carrying a concealed weapon, the penalty depends on whether the charge is considered to be a misdemeanor or a felony. Misdemeanors can result in up to one year in county jail and a fine of up to $1000.
A prior felony conviction increases the chances of the charge being upgraded to a felony. A stolen firearm, a prior conviction for a firearm offense, an existing prohibition by law from possessing a gun, and current criminal activity are reasons for an illegal concealed carry to be regarded as a felony.
If convicted of a felony, you face up to three years in jail and a fine of up to $10,000.
Where Are Guns Prohibited in California?
In California, you cannot carry guns in the following six places even if you have a concealed carry permit. These are government buildings, public transit facilities, schools, passenger vessel and airport terminals, public buildings, and the governor’s mansion.
You face misdemeanor or felony charges if you’re caught in the possession of a firearm in a prohibited zone.
The punishment depends on the location; if you’re found guilty of violating the gun free school zone act, then you face up to seven years in prison. If you violate the code prohibiting possession of firearms in public transit facilities, then in all likelihood you will be facing misdemeanor charges with penalties of up to six months in prison and a fine of up to $1000.
Can My Gun Rights Be Restored After A Criminal Conviction?
You risk losing the right to own and possess a gun if you’re convicted of a felony and also certain misdemeanors. A felon loses his right to own a gun forever. However, if a felony conviction is reduced to a misdemeanor or you receive a pardon from the governor, then your gun rights can be restored.
We can review the charges against you and assess if your gun rights can be restored. Misdemeanors can lead to a 10-year ban on possessing firearms.
What Are Some Of The Most Common Weapons’ Charges In California That Involve Firearms?
Common firearms charges in California include assault with a deadly weapon, illegal possession of a concealed weapon, brandishing a firearm, illegally firing a gun, discharging a weapon in an occupied building, and incorrect handling of a firearm in a vehicle.
We can help you understand the charges that you face and present you with the best options for combating these charges through defense strategies most likely to succeed in your situation. Your best chance of fighting a weapons charge is through expert and experienced legal counsel that fights for your legal rights.