Firearm Crimes Defense Attorneys Serving the Greater LA Area

Even though the Second Amendment affords citizens the right to bear arms, California state law places limitations on who can purchase and possess a firearm and ammunition. As a “wobbler” offense, the California firearm crime of PC 25850 can be prosecuted as either a felony charge or a misdemeanor offense. Those found in possession of a loaded gun may face enhanced punishments for crimes involving firearms. Los Angeles felony weapon charges if they fall into one or more of the following categories:

• Any person with prior felony convictions

• Any person addicted to narcotic drugs

• Any person ordered not to possess firearms as a condition of probation or other court order

• Any person with prior convictions or a record for certain misdemeanor offenses listed in California Penal Code (PC) 29805

• Any person designated as a ward of the juvenile court due to a criminal offense listed in Welfare and Institutions (W&I) Code  section 707(b), a criminal act described in PC section 1203.073(b), or any crime listed in Penal Code section 29805

• Any person served with a temporary restraining order (TRO) or an injunction pursuant to California Civil Procedure (CP) Code sections 527.6 or 527.8, a protective order as defined in the California Family Code section 6218, a protective order issued pursuant to PC sections 136.2 or 646.91, or a protective order issued pursuant to California W&I Code section 15657.03

• Any person who is deemed by a court to be a danger to himself or others due to mental illness

• Any person who is deemed by a court to be mentally incompetent to stand trial

• Any person who is deemed by a court to be not guilty by reason of insanity

• Anyone who is adjudged to be a mentally disordered sex offender

• Anyone who is placed on a conservatorship as a result of a grave disability due to a mental illness or an impairment by chronic alcoholism

• Anyone who makes a threat to a psychotherapist against a reasonably identifiable person that has been reported by the psychotherapist to the police

• Anyone who is taken into custody under California W&I Code section 5150, assessed under California W&I Code section 5151 and admitted to a mental health hospital under W&I Code sections 5151, 5152, or certified under W&I Code sections 5250, 5260, and 5270.15

• Anyone under indictment or information in any court for a crime punishable by incarceration for a term over one year (federal)

• Anyone dishonorably discharged from the military

• Any person who is an illegal alien

• Anyone who has relinquished his US Citizenship

• Anyone who is a fugitive from justice

Unlawful possession of a concealed firearm is among the most common gun charges in Los Angeles, and unless you possess a valid concealed weapon permit, it is a criminal offense to possess a concealed weapon in public. Possession of concealed weapon cases often involves otherwise law-abiding individuals mistakenly transporting his or her loaded firearm without removing the magazine or ammunition from the firearm or failing to transport the weapon in a locked container or trunk. Although most PC 25400(a) firearm crimes are charged as misdemeanors in Los Angeles criminal courts, factors such as your prior criminal history, whether you concealed a stolen firearm, or whether you are a member of a criminal street gang can result in felony gun charges. As a misdemeanor, PC 25400(a) carries up to 1 year in county jail, whereas a felony, PC 25400(a), can result in up to 3 years in state prison.

It is a constitutional right to own guns. There are many laws, however, that restrict when you are allowed to carry a gun and when you are allowed to use a gun. With regard to minors, weapon offenses are serious crimes. All weapons-related charges must be fought in court with the assistance of a reputed juvenile crime defense attorney.

When a minor is found with a weapon, he or she may also face gang-related charges if there is some indication of gang affiliation. Police and judges are often quick to assume that a criminal street gang is involved whenever there are illegal firearms. This is a serious allegation, as gang enhancements significantly increase criminal sentencing exposure. This is why it is crucial for all juveniles charged with a weapons offense to get an experienced Los Angeles juvenile gang crime defense lawyer on their side right away.

Since juveniles are not legally allowed to possess handguns or ammunition, there are many gun laws that may come into play when a juvenile is found in possession of a firearm. A couple examples of common juvenile gun crimes include:

• Possession without a Permit (Penal Code Section 12031): “A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.” Possession without a permit is the most common California firearm offense. This is typically a misdemeanor criminal charge that could result in jail time.
• Brandishing a Firearm (Penal Code 417): “Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable.” Penal Code 417 also covers brandishing a deadly weapon that is not a firearm.