There can be a lot of potential legal grey areas when dealing with weapons charges. For instance, simply taking out a gun or other weapon is not illegal. However, if the person you’re showing it to feel threatened by the way in which you were showing off the weapon, you could be arrested on a weapons charge. In this case, you need an experienced Santa Clarita weapons charges lawyer by your side to defend your rights and help you understand the law — especially in California, where gun laws are very strict.
The experienced legal team at the Simmrin Law Group has defended all types of weapons charges, including those relating to:
- Brandishing a Weapon
- Carrying a Concealed Weapon
- Carrying a Loaded Firearm
- Felon With a Firearm
- Gun Crimes
- Negligent Discharge
- Unlicensed Sale of Firearms
Brandishing a Weapon
The consequences involved in brandishing a weapon depend largely on the manner in which the weapon was shown, as well as the location in which it was shown. For instance, brandishing a weapon that is not a firearm can be charged as a misdemeanor and carries a penalty of a minimum of 30 days in a county jail.
However, brandishing a weapon on the premises of an open daycare center can land you in jail for 3 months to a year, no matter what kind of weapon it was. This is considered an aggravated misdemeanor, and it is up to the prosecutor to decide whether to upgrade the charge to a felony. Additionally, if you are convicted on a firearms charge, felony or not, your firearm can be taken away.
In most cases, a brandishing charge is not the result of criminal intent. However, you may need to consult with an experienced weapons charges lawyer who can help the court better understand the circumstances surrounding your particular case.
Carrying a Concealed Weapon
In today’s political climate, to carry a concealed gun or not to carry is a hot-button topic. However, in the state of California, it is still very much illegal to carry a concealed weapon in almost every situation – even if you have taken all of the necessary steps to legally own that gun. If, however, you are not the legal owner of the gun, or if you have a criminal record, then this charge – typically prosecuted as a misdemeanor – can easily be upgraded to a felony.
Carrying a Loaded Firearm
In Santa Clarita, it is illegal to carry a loaded firearm, or to have a loaded firearm in your vehicle. Per the California Penal Code, even if this is your first offense, and even if you are the legal owner of the firearm, you can still be charged with a felony and receive jail time.
Importantly, the term “firearm” can refer to any of the following:
- Guns like revolvers, handguns, rifles, or shotguns
- Antique guns
BB guns, pellet guns, and paintball guns are not considered firearms.
There are exceptions to this rule, namely, if you are any of the following while on the clock/job:
- Police officer
- Security guard
- Employed where carrying a concealed weapon is part of your job.
You are also exempt from being penalized for carrying a loaded firearm if you have a concealed carry permit, or if you are on the premises of a gun club to which you belong as a member.
Because there are exceptions to this law, this leaves room for misunderstandings that result in the filing of charges that should otherwise be dismissed. At the Simmrin Law Group, we know the law, and we can help you fight charges that may have been unfairly imposed upon you.
Unlicensed Sale of Firearms
In Santa Clarita, if you do not have a valid permit, it is illegal for you to sell, rent, or give away a firearm. And, even if you have a valid permit, you can only engage in these activities with the firearm specifically mentioned in the permit.
This charge is especially scary because not only is it easy to break this law without even realizing you’re doing it, but you could be facing a lengthy prison term for each gun you sell. If you are facing an unlicensed sale charge, you need to speak to an experienced weapons charges lawyer who understands the strict and complex laws surrounding firearms and who can provide you with the defense you deserve.
Weapons Charges Are Scary, But Our Lawyers Can Help.
When it comes to weapons charges, our Santa Clarita criminal defense team has a strong track record that the courts respect. Our team of lawyers has years of experience defending every kind of weapons charge in Santa Clarita, and we want to fight yours, too.
Call (310) 997-4688 today for a FREE consultation, or fill out the contact form to be connected to one of our knowledgeable weapons charges lawyers in Santa Clarita. We can help you understand your next steps with no obligation to retain.