California Penal Code Section 16520 provides a comprehensive definition of what constitutes a firearm under state law, encompassing a wide range of devices and components.
Understanding the legal definition of a firearm is crucial for anyone involved in firearm-related activities in California, whether for personal, professional, or legal purposes.
If you’re interested in learning more about this penal code section, you’ve come to the right place. Keep reading or contact Simmrin Law Group to focus on understanding California’s penal code. We have decades of experience we can use to answer your questions.
Defining Firearms in the State of California
California uses a broad definition of firearms. According to California Penal Code Section 16520: Definition of Firearm in California, firearms are potentially destructive devices meant to be weapons with a barrel that expels projectiles using explosions or other form of combustion.
There are many examples of firearms. When people think of these weapons, some examples of firearms include:
- Rifles (including short-barreled rifles)
- Revolvers
- Handguns
- Pistols
- Shotguns
- Antique firearms
However, this is not a comprehensive list of firearms in California. Rocket launchers and projectile launchers that use incendiary material are also considered firearms in our state. Other devices that can propel projectiles in a similar way to projectile launchers are also considered firearms.
You can speak with a knowledgeable California criminal defense lawyer to learn more about the legal definition and physical characteristics of firearms. We are happy to offer free consultations for prospective clients, so give us a call; we’re available 24/7.
For a free legal consultation with a definition of a firearm in california lawyer serving California, call (310) 896-2723
Are Assault Weapons Firearms?
Assault weapons like machine guns and AK series rifles are one type of firearm. California has additional regulations on these types of rifles and weapons. An attorney can provide more information about current laws on these deadly weapons.
California Definition of a Firearm in California Lawyer Near Me (310) 896-2723
Can You Have a Firearm in California?
The U.S. Constitution gives individuals the right to keep and bear arms. Californians have this right as well. Many people are allowed to purchase firearms. Some can even get a concealed firearm permit, though they may need to provide proof of age.
Not everyone in California is allowed to own firearms. Convicted felons often have their gun ownership rights revoked. They are not allowed to purchase new firearms either. Some misdemeanor offenses can also lead to restrictions on gun ownership.
If you face a conviction, you may need to go through a surrender of firearms to law enforcement.
Do You Need a Permit to Own a Firearm?
Permits are necessary to sell or transfer ownership of a firearm. Selling guns without a license is a crime. Individuals can face charges under Penal Code 26500 if they sell firearms without a permit. Additionally, buying or selling certain automatic weapons is against the law.
Furthermore, you need a valid firearm safety certificate to own a gun.
How Do You Store a Firearm?
California has limited regulations on firearm storage unless you have reason to believe a child could gain access to the device. In this situation, you must store the firearm in a locked container or use a firearm safety device that renders it inoperable.
Our team can provide more information about the storage of firearms in a secure container and the treatment of legal firearms in California. We can also tell you more about CA Penal Code Section 16520: Definition of Firearm in California.
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Exceptions to Firearm Classification
Some items contain a barrel that expels projectiles and are not considered firearms. BB guns, pellet guns, and paintball guns are all outside of the firearm classification. That is because, unlike a revolver or a shotgun, these devices do not use combustion. Instead, compressed air expels the projectiles.
You cannot face charges for a firearm violation for using or possessing these guns. However, depending on the manner in which you use these guns, you could still face other charges, especially if you use these guns with the intent of causing harm to others.
You can learn more about the items referred to in California Penal Code Section 16520: Definition of Firearm in California with our team.
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Understanding Firearm Precursors
Firearm precursors are components or materials potentially used to manufacture or assemble firearms. Under the Penal Code in California, these items are subject to specific regulations designed to enhance public safety and prevent the illicit creation of firearms.
Firearm precursor regulations cover a broad range of firearm components, including unfinished frames and receivers, which are critical parts of a firearm that individuals with the right tools and expertise can readily convert into functional weapons.
Understanding these penal code regulations is crucial for manufacturers, retailers, and individuals involved in the sale of firearms or possession of firearm components.
Restrictions on the Sale of Firearm Precursors
California law enforcement agencies require that certain firearm precursor parts be sold only through licensed firearms dealers. These firearm dealers must conduct background checks on purchasers to ensure that the firearm precursor parts do not end up in the hands of individuals prohibited from owning functional firearms.
Criminal Charges Associated With Firearms in California
There are many criminal offenses associated with firearm usage in California. These charges often lead to major penalties. For example, individuals can face fines and jail time after a conviction for a gun crime. Some examples of these charges include:
- California Penal Code Section 25400: Carrying a Concealed Weapon
- California Penal Code Section 25850: Carrying a Loaded Firearm
- California Penal Code Section 26350: Openly Carrying an Unloaded Handgun
- California Penal Code Section 29800: Felon in Possession of a Firearm
Individuals often use firearms in association with other crimes. For example, the use of one of these dangerous weapons could lead to charges for battery or even murder. The court treats these charges as serious felonies under the penal code. Individuals convicted of murder can face life in prison or the death penalty.
Individuals convicted of a felony usually lose their right to own firearms. Discuss how to fight these penalties in more detail with a weapons charges lawyer in Los Angeles. We’re ready to help you now and take these legal issues seriously.
Firearm Possession Can Increase the Penalties for Other Crimes
The potential penalties for many criminal acts get more severe if the defendant used a firearm while carrying out these crimes.
A felony charge for a violent crime involving a firearm will have lifelong consequences if you are convicted. These offenses can affect every area of your life, even after you have served your time.
If the police charge you with a crime involving a firearm, it is critical to hire an experienced criminal defense lawyer with knowledge of the penal code to help you fight these charges from the district attorney.
Defenses Against Gun Crime Offenses in California
Gun crime charges are treated very seriously by the court system in California. The court treats many of these crimes as misdemeanors or felonies. A Los Angeles criminal defense lawyer can help you fight these charges.
We can work to show you were not in possession of an item that met the definition of a firearm. These arguments may lessen your charges in some cases. We can also take steps to show that you had the appropriate permits to carry or use a firearm.
Our criminal defense attorneys can advise you on how to handle questioning by peace officers and the prosecution. With our top-tier legal defense strategies, we can help you reduce or even dismiss your firearm offense charges. We’ll also stand up for you and your firearms rights in court.
Fight Firearm Charges With a Lawyer from the Simmrin Law Group
Want information about how to fight charges involving firearms under California Penal Code Section 16520: Definition of a Firearm? Reach out to the experienced attorneys at Simmrin Law Group for assistance if you face charges involving a gun crime.
You can count on our criminal defense lawyers here in Los Angeles. Contact us now, and we will review your case, answer all your questions, and advise you on the best path forward as you fight for your firearm rights.
Call or text (310) 896-2723 or complete a Free Case Evaluation form