California Penal Code 22510 is aimed at protecting children from accessing firearms. It is one of many California laws aimed at protecting children from harm. A violation of Penal Code 22310 is a felony offense. As with most other laws concerned with protecting children, the penalties for a conviction can be severe.
If you face a charge for a violation of PC 22510, it is critical that you have experienced legal representation on your side. At the Simmrin Law Group, we have a long history of representing defendants against criminal storage of a firearm charges.
Defining Criminal Storage of a Firearm
Criminal storage of a firearm is the storing of a gun in an unsecured area where a child could get to it without parental permission. The severity of the charge will depend on whether or not a child accessed the gun and what they did with the weapon once they had it in their possession.
Third-Degree Criminal Storage of a Firearm
A third-degree charge is the mildest violation of Penal Code 22510. A defendant will be found guilty of criminal storage of a firearm in the third degree if the prosecution can prove that they negligently kept a gun in an area that was under their control where they knew or should reasonably have known that a child could access it.
Second-Degree Criminal Storage of a Firearm
To be found guilty of criminal storage of a firearm in the second degree, the prosecution must prove the same elements as in a third-degree offense. In addition, however, they must also show that a child accessed the weapon and either used it to cause injury (not great bodily harm) to themself or another or that they took it to a public place or criminally brandished the weapon.
First-Degree Criminal Storage of a Firearm
With a criminal storage of a firearm in the first-degree charge, the prosecution must prove the same elements as in a third-degree charge but also show that the child accessed the weapon and with it caused death or great bodily injury to themself or another.
Penalties for a Violation of Penal Code 22510
The penalties for a PC 22510 violation will depend on what degree offense the defendant faces and whether it is being prosecuted as a misdemeanor or felony.
If the defendant faces a second or third-degree offense, the crime will be charged as a misdemeanor. The potential consequences of a second or third-degree misdemeanor charge are:
- Up to one year in jail
- A fine of up to $1,000
- Summary probation
A first-degree offense for criminal storage of a firearm is a wobbler. This means that it can be charged as either a misdemeanor or a felony. The prosecutor will decide how to proceed based on multiple factors, including:
- The strength of their case
- The severity of the offense
- The defendant’s criminal history
If prosecuted as a misdemeanor, a conviction could mean:
- Up to one year in jail
- A fine of up to $1,000
- Summary probation
If prosecuted as a felony, a defendant could face:
- Up to three years in prison
- A fine of up to $10,000
- Formal probation
Defenses Against a PC Section 22510 Charge
There are many defenses that a defendant could potentially use to fight a PC 22510 charge. Some of the most common arguments include:
- The firearm was kept in a locked container
- The firearm was carried on the person of the accused
- Unlawful search and seizure
The Firearm Was Kept in a Locked Container
If the defendant can show that the firearm in question was kept in a locked container or an area that a reasonable person would believe was secure, they should not be found guilty of a PC 22510 violation.
The Firearm Was Carried on the Person of the Accused
If the defendant carried the firearm on their person or within a close enough range that they could quickly access it, they did not violate Penal Code 22510.
Unlawful Search and Seizure
The Fourth Amendment of the United States Constitution protects against unlawful search and seizure by law enforcement. Law enforcement must have a search warrant in order to search your property. Any evidence obtained through an illegal search can be challenged in court.
If you were a victim of an unlawful search and seizure, your attorney will file a motion to suppress any evidence obtained as a result. If the case against you is primarily based on illegally obtained evidence, your lawyer may even succeed in getting your case dismissed outright.
Contact a Criminal Defense Lawyer Today
If you have been charged with a violation of California PC Section 22510: Criminal Storage of a Firearm, it is critical that you obtain experienced legal counsel. At the Simmrin Law Group, we know how to fight back against these charges. Our criminal defense lawyers will work to beat the charges against you or at least secure you a favorable plea bargain.
To get started with a free, no-obligation consultation, give us a call or fill out our online contact form today. A member of our team will review your case and advise you of all your legal options.