Possess a Loaded Gun and California Law

Posted by Alan Finkel on January 24th, 2023

The state of California is not always consider gun possession as a criminal offense. Most Californians are legally permitted to own certain types of firearms. These firearms may be stored in private homes, or businesses, or moved as long as the gun owner keeps them in a locked container.

If a law enforcement officer discovers you illegally possessing a firearm, you could face a variety of penalties, including fines and up to 20 years in prison. You may also lose your gun rights, or even the right to keep firearms and bear arms in California, for a period ranging from 10 years to the rest of your life. A criminal defense attorney can assist you in dismissing or reducing your charges to avoid or reduce penalties.

What Are the Different Types of Gun Charges in California?

However, some people who illegally possess loaded guns in California may face misdemeanor charges. These charges can result in penalties of up to ,000 and a year in county jail.

Individual persons who illegally possess a firearm may face a more severe felony charge. These charges are punishable by up to 20 years in state prison.

California also employs sentencing enhancements for crimes involving firearms. This means that if a gun was used while committing a serious felony, the sentence is increased by years. California judges can add the following enhancements to a prison sentence using these enhancements:

• Ten years if you own a gun
• If you use a weapon, you will face a 20-year prison sentence.
• If you seriously injure or kill someone with a gun, you will face a 25-year prison sentence.

What Is the Punishment in California for Carrying a Concealed Weapon?

Citizens in California may carry concealed firearms if they have a permit. You must complete a firearms training course and live in the city issuing the permit.

It would be advantageous if you also had a good character and a good reason for obtaining the license. Individuals who carry a concealed gun without a permit may face misdemeanor or felony charges, depending on the circumstances. Those charged with a misdemeanor face a ,000 fine and a year in prison. A felony charge can result in prison sentences ranging from 16 months to 3 years, as well as a fine of up to ,000.

Illegal Gun Possession Laws in California

In California, people over the age of 18 can purchase and own a rifle or shotgun. The one who is over the age of 21 can purchase a handgun.

California Penal Code Sections 25850 and 12031 provide information on California gun laws. These laws make it illegal to drive with a loaded weapon in California. The prosecution who is convicted of this type of charge must prove the following:

• You had a loaded firearm in your car at the time.
• You were aware that your vehicle contained a loaded firearm.
• You were on public property or in a public place when you were arrested for illegally possessing a firearm.
• An attorney can defend you against the charges brought by the prosecuting attorney.

However, if you are charged with Illegal Possession of a Firearm in California, a Criminal Defense Attorney in Walnut Creek, CA can assist you. As lawyers familiar with your rights and California state laws, so they can assist you. We are offering a free initial consultation. Call or fill out our contact form to reach our criminal defense law firm right away.