There are many gun ownership and use regulations in Lynwood, and any infarction results in a serious felony. The penalties for weapons charges are steep, and if your circumstances fall under the three-strikes rule, you will face double or triple prison time. Gun owners must be aware of the laws and penalties.
If you face a gun charge, you must speak with a Lynwood weapons charges lawyer from Simmrin Law Group. Do not let a misunderstanding hinder the rest of your life.
The Two Categories of Weapons Charges
Gun charges are either misdemeanor or felony offenses. Misdemeanor charges come with 12 months imprisonment and fines up to $1,000; with felony convictions, you can be imprisoned for up to 20 years. Any weapons charge can lead to jail time and heavy fines.
You must take these charges seriously. Getting employment, buying a house, or accomplishing your goals is challenging when you have a criminal conviction. You need the assistance of a weapons charges attorney in Lynwood, CA, to prevent these consequences.
For a free legal consultation with a weapons charges lawyer serving Lynwood, call (310) 896-2723
California Gun Laws
Adults can possess a gun without a license and can store it at home in a locked container. You can also carry the firearm with you in safe storage. The possession of a firearm is strictly prohibited in these circumstances:
- A person under the age of 18
- Convicted felons
- Certain misdemeanor convictions
- You have two or more PC417 convictions
- You suffer from a severe mental illness
- You have a narcotics addiction
While we provide an overview of gun laws, you can face many other charges. There are laws regarding the safe storage and use of your firearm at home, and California requires the secure storage of the device in a cable lock or trigger lock box. When minors are on the property, you must ensure there are no loaded guns and they do not have access to them.
Lynwood Weapons Charges Lawyer Near Me (310) 896-2723
Aside from prohibited persons, there are places in Lynnwood where you cannot possess firearms. All gun owners must be aware of these areas so they do not mistakenly take their guns and face a criminal charge for a misunderstanding. Firearms are prohibited in:
- Passenger vessel terminals
- School grounds or 1,000 feet from school grounds
- All government buildings
- Public transportation facilities and vehicles
- Public places like parks, streets, or sidewalks
These penal codes are confusing, and mistakes happen. While you may understand you cannot carry your firearm anywhere you go, there is room for confusion. Our weapons charges lawyers in Lynwood will review your circumstances and assess your understanding of the penal codes.
We will also review the arresting officer’s tactics when charging you.
Potential Possession Charges
Several California penal codes address gun charges. Felony possession of a firearm is when a person has a felony conviction and has a gun. The charge also applies to certain misdemeanors and when a person has a drug addiction.
A conviction results in losing your second amendment right for ten years. Minors convicted will lose their ability to possess a gun until they reach age 30. Carrying a loaded weapon in public involves you being aware the gun was loaded, even if it is one bullet in the chamber.
Carrying a Firearm in Public
To carry a firearm in public, you must have a concealed carry permit; when you do not, you can face an illegal concealed carry charge. In some circumstances, you can face a felony weapon charge, such as when there is a gang association, you have a previous felony conviction, or you illegally possess the gun.
The state must prove you were knowingly carrying, and you will face a misdemeanor violation. One caveat, a firearm in a secured lockbox in a vehicle trunk that is unloaded is not a concealed carry violation.
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Gun Use Laws
Possessing a firearm is one thing, but using it is another, and there are different penal codes addressing firearm use. Brandishing a weapon is when an individual shows, draws, or waves a gun in a threatening manner. It carries a misdemeanor conviction with three months to one year of jail time and fines.
Gross negligent discharge is when someone discharges a weapon in a way that can lead to injury or death. It must be a willful discharge to suffer penalties. Drive-by shooting addresses everyone in the vehicle, not just the shooter. Whether you are an unarmed driver or passenger in a drive-by, you can face fines and imprisonment.
Assault with a firearm is when someone inflicts or attempts to inflict physical injury with a firearm. You do not need to discharge the weapon – you can harm someone by hitting them with a gun. Speaking to a weapons charges lawyer in Lynwood, CA, is essential to discuss your options.
Available Defenses to Weapons Charges
The earlier you have Lynwood weapons charges attorneys fighting for you, the better your chances of freedom. Simmrin Law Group will investigate your case, communicate with you the possible outcomes and build a defense strategy. There are many defenses available, but some we can explore are:
- Self-defense or defense of others: you were in fear for your safety when you were carrying the gun
- Lack of knowledge: you did not know the gun was loaded or it was on you. It was a misunderstanding.
- Police misconduct: the police officers violated your fourth amendment to find the gun.
- Not guilty of assault: you had the weapon, but you did not threaten or attempt to threaten someone with your gun.
The defenses available to you will depend on individual circumstances, and you must avoid making statements to police and other authorities until you speak to our Lynwood weapons charges lawyers.
You Need a Lynwood Criminal Defense Lawyer on Your Side
Owning a gun is a constitutional right, and you cannot suffer stark consequences as a responsible gun owner. While you must be aware of the laws, mistakes and misunderstandings happen. When a cop is negligent in obtaining evidence or charging you, you need a solid defense.
After a weapons charge arrest, you must immediately speak to Simmrin Law Group. Misdemeanors or felony convictions can wreak havoc on your life, and you must take action. Call us for an initial consultation.