The Second Amendment of the United States Constitution gives all citizens the individual right to keep and bear arms. However, the Constitution of California does not have such a provision. This means that California legislature can hinder your federal constitutional gun rights by enacting state laws that regulate people and weapons. California is one of the most restrictive states when it comes to the regulation of possession, use, or sale of firearms and ammunition. That is why it is imperative that you know your rights in order to protect yourself from unreasonable searches and seizures. You have a right to remain silent, to request the presence of a lawyer, and to demand a warrant before opening a locked container. Exercise your rights by contacting expert firearms law attorney Vik Monder if you or someone you know might be facing firearm charges or the seizure of property. If you are stopped by law enforcement you must remain silent and ask for an attorney to be present during any line of questioning, do not volunteer information, it will never help you, anything that you consent to will be used against you!
Firearm Laws Regulating People
California identifies three groups of people who are not allowed to own, possess, purchase, receive or have under custody or control firearms or ammunition. If you have received prior felony conviction under the laws of the United States, the state of California, or any other state, you are ineligible to possess a firearm. Likewise, if you are suffering from an addiction to any narcotic drug, you will not be allowed to carry a firearm. Lastly, if you have been convicted of two or more misdemeanor convictions for brandishing a weapon you will not be allowed acquire a firearm. In addition to these regulations by the state of California, the federal government further identifies three groups of individuals who are not allowed to possess, acquire, or own firearms. Under the federal government, non-citizens, former military service members who have been dishonorably discharged, and anyone facing an indictment for an offense that carries state prison does not have any firearm rights.
In the United States, there is a due process right that all people who are similarly situated should be treated equal, at Monder Law Group we understand that this constitutional right should not be collaterally affected by California’s restrictive firearm state laws. Understand your gun rights and protect your future by arming yourself with the best defense. Contact expert firearms law attorney Vik Monder if you are facing charges that may result in the loss of your second amendment right to bear firearms or you have lost your gun rights due to a criminal conviction in the state of California and you want to fight to get them reinstated. You have options, whether it is negotiating a wobbler gun charge to be filed as a misdemeanor in order to avoid loosing your gun rights or modifying the terms of your probation in an effort to circumvent gun restrictions against individuals who must carry a firearm as part of their employment. Lastly, if you have already received a felony gun conviction, we can work to reduce this felony to a misdemeanor and petition for an expungement of your conviction in order to reinstate your gun rights.
Firearm Laws Regulating Weapons
The illegal possession of weapons is a serious offense in California and has been criminalized under Penal Code section 12020. Penal Code section 12020 punishes two types of offenses: First, Penal Code section 12020(a)(1) prohibits manufacturing, selling, possessing, importing or giving certain firearms, explosives, or other dangerous weapons. Second, Penal Code section 12020(a)(2) prohibits the carrying of concealed explosive devices, dirks, or daggers. California has identified the following prohibited weapons: brass knuckles, handguns, large capacity magazine, metal hand grenade, nunchaku, pistols, short-barreled rifle or shotgun. In order to convict you of either of the offenses under Penal Code section 12020, the prosecution must prove that at the time that you owned, sold, or manufactured an illegal weapon you were aware that the prohibited weapon could be used as a weapon. If you are charged of a misdemeanor under Penal Code section 12020 and found guilty you may be facing a maximum of one year in county jail, $1,000 court fine and informal probation. If you are facing felony charges under Penal Code section 12020 and are found guilty, you could be sentenced to 16 months, two or three years in state prison, a maximum of $10,000 court fine and formal probation.
Whether you are charged with a misdemeanor or a felony, illegal possession of firearms carry very serious consequences, you do not have to face them alone. At Monder Law we understand the value of your gun rights as an enthusiast and a provider for your family. There are many jobs that require your ability to carry firearms for employment. This means that in addition to these consequences you may also be facing the loss of a career, a livelihood, and your family. Maybe you were not aware of the illegal nature of the weapon, you did not know that it was a weapon, or law enforcement searched your property without a valid search warrant. It is not too late, contact expert firearms criminal defense attorney Vik Monder to discuss the specific facts that led to your arrest. Attorney Vik Monder will put his vast knowledge about the nuances of California gun and experience handling all types of firearm charges throughout San Diego county to work for you, contact Monder Law Group today at (619)405-0063!
Contact San Diego Firearms Criminal Defense Attorney Vik Monder for a FREE consultation today at: 619-405-0063
Q: Who may own a firearm in California?
A: Any person over the age of 18 who is not a convicted felon, or have mental health issue, or has been convicted of certain misdemeanor offenses, has the right to purchase a firearm.
Q: Who is considered a felon in California?
A: Under California Penal Code section 29800 there are four categories of felons. First, individuals who have been convicted of a felony offense in any state, government, or country. Second, juveniles who have been prosecuted as adults. Third, people who have been convicted under federal law whose state law equivalent conviction results in felony punishment. Fourth, anyone who has been convicted under federal law who was sentenced to a federal correction facility for more than 30 days and/or received a fine of more than $1,000.
Q: What is required to own a firearm in California?
A: Any person who wants to own, sell, deliver, loan or transfer a firearm in California will be required to submit application to the state, pass a written test proctored by a DOJ certified instructor and pay $25 application fee for a Firearm Safety Certificate that is good for five years.
Q: What is California’s no open-carry law?
A: In California the possession of a firearm without a concealed carry permit is considered unlawful and will result in your prosecution for brandishing a firearm under Penal Code section 417. You may be prosecuted under this statute if you exhibit any deadly weapon in a rude, angry, or threatening manner, except in self-defense cases.
Q: Who is allowed to carry a loaded firearm in California?
A: Under California Penal Code section 25850 there are six categories of people that are allowed to carry a loaded firearm. First, law enforcement personnel on duty. Second, active duty military personnel. Third, correction officers on duty. Fourth, authorized security guards on duty. Fourth, honorably retired peace officers. Fifth, recreational shooters that carry firearms in an authorized locked container. Sixth, concealed weapon permit holders.
Q: What is required to carry a firearm in California?
A: Any person over the age of 18 who may legally own a firearm may carry that firearm as long as they obtain a conceal carry permit. However, CCW permits may be difficult to obtain without the existence of good cause. Good cause will be comprised of special circumstances that require you to carry a firearm. like danger in the workplace of physical harm or theft.
Q: Does California recognize concealed carry permits issued by other states?
A: No California does not recognize concealed carry permits issued by other states and non-residents are not allowed to obtain a California concealed carry permit.
Q: Are firearm offenses considered wobblers in California?
A: Yes, in California most firearm offenses are considered wobblers. This means that the prosecution has discretion to file firearm charges as either a misdemeanor or a felony. To make this determination, the prosecution will look to see if you have a prior felony firearms convictions. If you do have gun priors, then any new charges that would normally be considered misdemeanors, may be elevated to a felony.
Q: What are considered aggravating factors in firearm cases?
A: Some of the most common aggravating factors that the prosecution relies on to enhance your sentence in firearm cases is whether you are part of a gang, have a prior criminal history, you had reasonable cause to believe that the firearm was stolen, you knew you were carrying a stolen firearm or you were not the registered owner of the firearm.
Q: What is the difference between a misdemeanor firearms offense and a felony firearms offense in California?
A: In California, a misdemeanor firearms conviction can result in a maximum of one year in county jail, a $1,000 court fine and informal probation. Whereas a felony firearms conviction can result in up to three years in state prison, a $10, 000 court fine, and formal probation.
Q: What is a sentencing enhancement for underlying firearms offenses in California?
A: An enhancement offense is one whose commission alone increases the penalties for the underlying crime. Pursuant to California Penal Code section 12022, any person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment unless being armed is an element of the felony offense.
Q: What does the prosecution have to prove to apply the firearms sentencing enhancement?
A: In order to apply the firearms sentencing enhancements, the prosecutor in your case must prove beyond a reasonable doubt the elements of the underlying felony and that you were armed with a firearm in the attempted commission or commission of the felony.
Q: What are the firearms sentencing enhancements for an underlying serious felony?
A: There are three firearms sentencing enhancement categories under Penal Code section 12022.53. First, using a firearm while in the commission of an underlying serious felony will result in a sentence enhancement of 10 years in prison. Second, firing a firearm while in the commission of an underlying serious felony will result in a sentence enhancement of 20 years in prison. Third, killing or seriously injuring another person with a firearm while in the commission of an underlying serious felony will result in a sentence enhancement of 25 years to life in prison. It is important to point out that these enhancement are in addition and consecutive to the sentence for the underlying serious felony conviction.
Q: What is the reasonable self-defense argument?
A: A self-defense claim is viable to excuse you from criminal liability for violation of a firearm statute if at the time of the offense you reasonably believed that you were in imminent danger of bodily harm and that there was no other reasonable way to defend yourself.
Q: How do you prove a self-defense claim in California?
A: At Monder Law Group, we work with the best fight or flight experts in the field to prepare your self-defense claim. Attorney Monder will review the specific facts of your case and request his experts to perform a psychological evaluation to determine the extent of your fear and perceived threat you encountered. This psychological evaluation will be a crucial aspect to your defense because it will legitimize your defense and aid the expert in testifying on your behalf. Together your attorney and the expert will work to demonstrate that your behavior was a physiological reaction and not a cognitive response to the perceived threat. In other words, a fight or flight response is something that you were born with that caused you to react in a certain way when you perceived a threat to your survival.
Q: What is a firearms ban in California?
A: In California, firearms convictions carry serious second amendment consequences with bans that prohibit the possession, ownership, and acquisition of firearms. These bans range from 10 years for misdemeanor convictions to a lifetime for felony convictions and specific misdemeanor convictions.
Q: What type of offenses result in a firearm ban for 10 years?
A: In California, the most common convictions that prevent a person from owning firearms for ten years are the following misdemeanor convictions: assault, brandishing a weapon, spousal battery, violating a protective order, intimidating a witness, making criminal threats, stalking, and possession of an illegal weapon with the intent to use it.
Q: What type of offenses result in a lifetime firearms ban?
A: In California, the most common convictions that prevent a person from owning firearms for the rest of their lives are the following: misdemeanor assault with a firearm, misdemeanor domestic violence offense, misdemeanor shooting of an inhabited dwelling, two consecutive misdemeanors for brandishing a weapon, and any felony conviction.
Q: What does it mean to lose my right to bear firearms if convicted of a felony?
A: If you receive a felony conviction in California you will not be allowed to own, have in your possession, under your custody or control any firearm for 10 years from the date of your conviction pursuant to California Penal Code section 29805.
Q: Can there be immigration consequences for firearms charges?
A: Yes, under Title 8 U.S. Code section 1227(a)(2)(C), any conviction pertaining to firearms will be considered grounds for deportation for a non U.S. citizen. This means that if you are an alien in the United States and you are currently facing firearm charges you are considered a deportable alien. For this reason it is crucial that you hire an attorney who is knowledgeable in the nuances of criminal firearms defense and immigration consequences. At Monder Law Group we have vast experience handling firearms cases with immigration implications, call today so that we may prepare the best defense to fit your specific legal needs.