If you’re charged with a weapons crime in California, you’ll need honest answers and an attorney who routinely and aggressively fights for defendants facing these charges. Firearms laws are complicated in California, with dozens of provisions, exceptions, and exemptions. An experienced Rancho Cucamonga trial attorney at Fakhimi & Associates can explain your legal rights and options, review the evidence against you, and fight diligently for justice on your behalf. Fakhimi & Associates defends clients facing specific weapons charges including but not limited to:
Some people are not allowed to own firearms in this state for any reason, and some firearms are illegal for anyone to own. Persons with felony convictions, juveniles with convictions for violent crimes, almost everyone who is on probation, and anyone who is the subject of a domestic violence restraining order may not own a firearm in this state. A number of firearms, including all automatic weapons, are outlawed in California.
In 2014, according to the U.S. Centers for Disease Control and Prevention, 2,942 persons in the state of California died as the result of incidents that involved firearms, and thousands more suffered serious injuries. A weapons charge can be filed, however, when a police officer discovers a firearm during a traffic stop, in the course of making an arrest, or as part of another crime investigation.
If you are charged with violating a California weapons law, an experienced Rancho Cucamonga trial attorney at Fakhimi & Associates can review the details of your arrest and the reasons that led to it make sure that police officers acted legally and that your rights were in no way violated. If law enforcement officers violated your rights at any point during the investigation, during a search, or while you were being arrested, it’s possible – in some cases – that the weapons charge could be reduced or entirely dismissed.
As for the sentencing of those convicted of weapons violations in California, every sentence will be different because the law must account for the large variety of factors in any single weapons case: the type of weapon, how it was purchased or obtained, the defendant’s previous criminal record, if any, whether and how the weapon was used or brandished, and whether or not another crime was committed with the weapon.
Nevertheless, in California, if you are convicted of any firearms violation, you cannot assume that you’ll receive any lenience or mercy from the court. In fact, the more likely outcome of a firearms conviction is a term in a California county jail or state prison, along with a substantial fine and a lengthy probationary period. The state of California enforces a large number of gun laws, including:
California bans the transfer or sale of large capacity ammunition magazines. It also bans the sale of any weapon that is not on the state’s list of approved firearms, and it keeps permanent records of all gun purchases. The state imposes substantial regulations on the way gun shows are operated and managed, and California also maintains its right to deny anyone a concealed carry license.
Before you can legally purchase a firearm in California, you must have a Firearm Safety Certificate (FSC) or a Handgun Safety Certificate (HSC). To acquire an FSC or HSC, a person must pass a California Department of Justice written test on firearms safety. The test is administered by state-certified instructors, who can be located at (or through) licensed gun dealerships. The FSC or HSC must be shown to the firearms dealer whenever you purchase a firearm in California. The only exemptions to the FSC/HSC requirement are for law enforcement personnel and for those holding a concealed carry permit.
A number of people in California are absolutely forbidden to purchase or possess any firearms or ammunition at any time for any reason. Domestic abusers and persons who have been deemed a danger to themselves and others are just two of the categories of people who cannot have guns in our state. Since 2016, family members can ask a California judge to confiscate someone’s firearms temporarily with a Gun Violence Restraining Order or “GVRO.”
When a GVRO is issued, and someone’s guns are then confiscated, a hearing is conducted within 21 days to determine whether the subject of the GVRO is dangerous and whether the order should be extended for one year. Yearly hearings are required to keep a GVRO in effect. No one named in a GVRO may buy or possess, or attempt to buy or possess, firearms or ammunition while a GVRO is in effect.
The attorneys at Fakhimi & Associates are familiar with California’s many gun laws. We routinely represent defendants charged with weapons violations. Whether you are a gun owner, a dealer, or even if you own no guns and you’ve been wrongly accused of a firearms violation, an experienced Rancho Cucamonga trial lawyer at Fakhimi & Associates will work for the best possible resolution of any weapons charges you may be facing. To learn more, or to get legal help dealing with a weapons charge, contact Fakhimi & Associates today.