California has strict laws regulating the possession and use of dangerous weapons, like firearms and knives. Violations of these laws are punished harshly with fines, prison sentences, loss of weapons privileges, and other truncations of liberty.
If you are facing charges for a weapons offense, a Tustin weapons charges lawyer from Simmrin Law Group can protect your rights. Even without a prior criminal history, weapons charges can have disastrous consequences and deserve a serious legal response.
Our attorneys have been protecting the rights of the accused in Southern California for over two decades. As trial-tested legal professionals, we will use every resource and strategy to defend your freedoms to the maximum extent possible. Contact us today to speak to a criminal defense lawyer in Tustin.
Examples of Weapons Crimes
Weapons crimes refer to crimes related to the illegal handling or possession of dangerous weapons. California has some of the strictest weapons and firearms laws in the nation, and it is relatively easy for an individual to violate them if they are not aware.
Below are some of the most common types of weapons crimes that a Tustin weapons charges lawyer can defend against:
Illegal Concealed Carrying of a Firearm
Open carry of firearms is generally illegal statewide, so gun owners must get a concealed weapons permit in California if they want to conceal carry a firearm. It is prohibited to conceal carry a firearm without the appropriate license.
This restriction includes both carrying weapons on your person and concealing them in your vehicle. Illegally carrying a concealed firearm is a more serious criminal violation than open carrying of a firearm.
Possessing a Prohibited Weapon
Various dangerous weapons are restricted or outright prohibited from being owned, sold, or manufactured in California, including:
- Banned firearms, like short-barreled shotguns or automatic weapons.
- Switchblades and other banned knives, like pen knives and belt buckle knives.
- Martial arts weapons like sais, nunchakus, and throwing stars (shuriken)
- Dangerous weapons like brass knuckles, blackjacks, and batons
Different cities may have bans on specific weapons. For example, San Francisco specifically prohibits owning handheld slingshots, though it is generally legal elsewhere in the state. Also, prohibited weapons may be allowed in specific circumstances—e.g., nunchakus at a martial arts studio.
Unlawful Sale or Transfer of Firearms
California Penal Code Section 26500 makes it illegal to sell or transfer a firearm to another person without a license. Additionally, all buyers must go through a ten-day waiting period before taking possession of the firearm.
The same laws make it illegal to purchase a firearm for another person, especially someone with a criminal violation. Weapons sales of a sufficient volume or transporting weapons across state lines could result in federal weapons charges as well.
Brandishing a Weapon
Brandishing a weapon consists of drawing or exhibiting a firearm in a threatening manner with the intention to intimidate another person. The charges for brandishing a firearm can be more severe if the offender threatens the individual or points the firearm at them, regardless of whether it’s loaded or unloaded.
Possessing a Destructive Device
California Penal Code Section 18710 bans the possession of explosives and incendiary weapons, like grenades, bombs, and explosive projectiles. The offender can face more serious prosecution if they possess the device near a location where it could cause extreme harm, like a school or public street.
Felon in Possession of a Firearm
Any person convicted of a violent firearm crime or felony offense is prohibited from owning or possessing a firearm. Ownership can be either actual (on your person) or constructive (in your house/car, etc.). As with many other firearm crimes, it doesn’t matter whether the gun is loaded or unloaded.
Assault With a Deadly Weapon
Assault with a deadly weapon, or aggravated assault, is attacking or attempting to attack someone with a dangerous weapon, like a knife or firearm. The offender does not have to actually injure a person to receive an aggravated assault charge.
For a free legal consultation with a weapons charges lawyer serving Tustin, call (310) 896-2723
Penalties for Weapons Crimes in Tustin
Many weapons crimes are wobbler offenses that can be charged as either misdemeanors or felonies, depending on the nature of the crime and the type of weapon involved. Misdemeanors generally carry a maximum one-year jail sentence, while felony convictions can result in confinement in a state prison for at least a year.
In addition to prison, the offender could lose their right to own a firearm. Firearms restrictions may be temporary or permanent, and the offender will have to go through a process to reinstate their right to own a gun.
Tustin Weapons Charges Lawyer Near Me (310) 896-2723
Common Defenses to Weapons Charges
There are several common defenses a weapons charges lawyer serving Tustin can use to protect you against accusations of weapons crimes:
- The police did not have probable cause to search your person or vehicle and seize your property.
- You did not have constructive possession of the weapon—e.g., the firearm belonged to a roommate or family member.
- You took momentary possession of an illegal weapon specifically for the purpose of disposing of it.
- You lacked the knowledge or intent to commit a crime—e.g., you thought you were buying a gun from a licensed seller.
- You had a legitimate reason for possessing or showing a weapon—e.g., took it from someone committing a crime.
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Contact a Weapons Charges Lawyer in Tustin Today
Weapons charges can carry severe penalties, but a criminal defense lawyer from Simmrin Law Group can defend you and work towards the best possible outcome.
Contact our offices online or call today for a case consultation with a Tustin weapons charges lawyer.
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