Specific Charges Related to PC 26515 Restrictions
There are many different charges related to the use of firearms in California. Not all of them lead to firearm bans in our state. PC 26515 deals with more specific criminal charges. Specifically, it covers:
Penal Code 245
PC 245 deals specifically with assault. Assault is a crime that involves attempting to touch someone else in a harmful or offensive way. This means you do not actually have to harm someone to face assault charges. Intending to cause them harm is enough to lead to a PC 245 conviction. PC 23515 deals with several subsections of PC 245 charges, including:
- Assault with a firearm, including machineguns, assault weapon, or BMG rifle
- Assault on a peace officer or firefighter with a firearm, semi-automatic firearm, machinegun, assault weapon, or BMG rifle
Penal Code 246
Individuals can face PC 246 charges for shooting at an inhabited building or an occupied vehicle in California. PC 23515 covers the basic PC 246 charges.
Penal Code 417
PC 417 covers charges for brandishing a weapon or firearm in California. PC 23515 applies if people are accused of brandishing a weapon in a fight and/or in the presence of a peace officer.
The Simmrin Law Group can help you review these charges in greater detail. We are ready to answer all your legal questions today.
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Results of a PC 23515 Firearm Ban in California
PC 23515 bans the purchase or ownership of firearms in California after certain felony convictions. We reviewed the charges that can lead to a PC 23515 ban above.
In most cases, PC 23515 bans last for life. However, there is one exception to this rule. PC 417(a)(2) can result in a shorter ban. Individuals convicted of brandishing a firearm in a fight can receive a 10-year firearm ban as punishment.
However, individuals with two PC 417(a)(2) convictions also face a lifetime ban for firearm usage. Additionally, brandishing a firearm in a fight that involves a peace officer or firefighter can lead to a lifetime ban on firearm ownership. Find out more with a weapons charges lawyer in Los Angeles.
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The Results of Breaking a Firearm Ban in California
If an individual in California decides to purchase or acquire a gun even with a firearm ban, this is considered a criminal act. Individuals can face misdemeanor charges if they break a 10-year firearm ban. This can lead to:
- Jail time of up to one year
- Fines of up to $1,000
Breaking a lifetime firearm ban is more serious. This can lead to felony charges in California. A conviction can leave individuals facing:
- Prison time of up to three years
- Fines of up to $10,000
A criminal defense lawyer can help if you are accused of violating a PC 23515 ban. We can work to help you show that you did not illegally acquire a firearm.
We will do all we can to get your charges reduced or dismissed. We can also stand up for you in court.
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Addressing a Court-Requested Surrender of Firearms
If you are charged or convicted of an offense that involves the violent use of a firearm, California gives you two options. The law may require either you or a relative to surrender other firearms you have in your possession. Either way, you’ll receive a Prohibited Persons Relinquishment Form from a county clerk.
You can use this form to list the kinds of firearms you had in your possession at the time of your conviction. Your form must also include a catalog of any ammunition or magazines you have on your property. Finally, you must elect a party to receive your firearms. This can be the police, a relative, or a licensed gun dealer in California state.
Most parties must surrender their firearms within 14 days of receiving a Prohibited Persons Relinquishment Form. However, you and your attorney can refer to Penal Code 29810(f) if you need to extend that deadline.
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Appealing the Surrender of Your Firearms
California courts tend to only require parties convicted of violent force to surrender their firearms. You may have the right to challenge the forced surrender of your firearms if you believe that:
- You were exposed to improper search and seizure
- You were not properly informed of the ways in which you could surrender your firearms
- You can provide “good reason” proving that you were not available to surrender your firearms at the requested time
You will have to pay a fine to appeal a court’s decision regarding your case and the required surrender of your firearms. Fortunately, a criminal defense attorney can stand with you throughout this process.
To begin the appeal process, both you and your legal representative can refer to Penal Code 1237. You’ll need to file a notice of appeal and a “Certificate of Probable Cause” to your area trial court.
Get Answers About How to Fight Penal Code 23515 Charges Today
Have questions about offenses that involve the violent use of a firearm in California? Check out preliminary provisions related to these crimes with the Simmrin Law Group. We’ll help you learn more about Penal Code 23515 and how to fight back, starting right now.
You can call our office or reach out to us online. Let’s schedule a free case consultation today. Our criminal defense lawyers in Los Angeles will step in to assist you.
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