Articles Tagged with gun charges

Across the country, more and more people are buying firearms. Some enjoy hunting, while others feel they need protection. Whatever the reason, if you wish to purchase and own a gun in the state of California, it is important that you are aware of and abide by the laws of the state in order to avoid problems with law enforcement. 

Getting a Gun

For starters, make sure any gun purchase is made through a licensed dealer, and be aware that there is a 10-day waiting period before you can take possession of the firearm. The exception to this is when transferring a firearm between parent and adult child, grandparent and adult grandchild, or between spouses. You must be 18 years old or older for a purchase, although anyone under the age of 21 may possess a handgun, except under certain exemptions, such as having a hunting license or working for law enforcement or the military. You will have to show a valid I.D. to make the purchase and show that you are in the country legally. To purchase a handgun, you will have to prove that you are a resident of the state, as well. 

Storing Weapons

Be aware that if a child gets hold of your weapon and has an accident that results in injuries or fatalities, you could be charged with a felony if the gun was not stored in a locked container or otherwise locked and inoperable.

Illegal Weapons

In California, the purchase, sale, manufacture, and import of large-capacity magazines are illegal. That means anything that can use more than 10 rounds is not allowed. The exception to this rule is for anything you may have owned and registered prior to 2000, assuming you were not prohibited at that time from owning a weapon or anything manufactured before 1899, which would be considered an antique. In general, assault weapons and their magazines may only be transferred or sold to licensed dealers or law enforcement departments. Those in violation of these rules are subject to both criminal and civil penalties as of 2023, according to SB 1327.

Unlawful Firearm Possession

There are a number of restrictions as to who may legally possess a firearm under California law.  Those restrictions include:

  • Those under age 18;
  • Those previously convicted of a felony;
  • Anyone addicted to narcotics;
  • Those with two or more misdemeanors related to firearms;
  • Anyone with an outstanding warrant;
  • People with certain mental health conditions.

While it is possible to get out of gun possession charges with only a misdemeanor, in some cases, offenders may face felony charges, resulting in three years behind bars and thousands of dollars in fines.  That’s on top of losing the right to possess firearms in the state forever. Continue reading

People who are interested in purchasing a gun must do so lawfully because the repercussions that come with unlawful possession of a firearm in California are harsh. According to the Giffords Law Center, California has an A rating on gun laws and is the most restrictive state in the nation when it comes to gun legislation. This is why it is incredibly important to understand California’s strict gun laws so that if you purchase one, you do so legally. Once you own a gun, you must follow the laws to avoid any potential pitfalls that could result in you getting tangled up in the criminal justice system.

What California Gun Control Questions are Asked Most Often?

If you are unsure about issues like illegal possession of weapons, what is in the Gun Control Act, or how you are allowed to use your firearm, a knowledgeable California criminal defense lawyer can help. The following information may provide more clarity when it comes to the most common concerns and inquiries about gun ownership in California:

  • How old must you be to buy a gun?

People who are over the age of 18 are legally allowed to buy rifles and shotguns as well as ammunition for them. You have to be older than 21 years of age for all other types of legally available firearms.

  • How can you legally sell a firearm in California?

People who are older than 21 years of age must have a Federal Firearms License, must contact their local police station that they applied for the license, and have an appropriate location for selling firearms.

  • Who regulates gun ownership?

The Second Amendment of the United States Constitution provides Americans the right to keep and bear arms and the federal government determines what people qualify to own specific types of firearms. The ability to carry in public, though, is regulated by the state and local governments.

  • What must you do to buy a firearm in California?

If you are interested in buying a firearm in California, you have to undergo a background check. You must file an ATF 4473 so the federal government can look into your background and see if there is anything that would prevent you from being able to purchase a firearm. Sellers use the information that the ATF 4473 brings about to determine a potential purchaser’s eligibility for buying a firearm.

Some states also require that people who want to purchase a firearm have a permit. In California, if you want to buy a shotgun or a rifle, a permit is a must. Also, California mandates taking a gun safety class and obtaining a passing grade on a written test before a person can purchase a gun. Continue reading

According to San Diego Police, a suspect who killed a man in Lincoln Park is on the lam. The suspect was identified as Michael Anderson, 35-years-of-age, who allegedly murdered 21-year-old Timothy Stewart on March 16. Initially, rescue teams transported Stewart to the Paradise Valley Hospital to obtain aid for injuries to his upper body. At the hospital, Steward succumbed to his injuries.

The incident took place on the 5000 block of Logan Avenue, authorities from the SDPD said. The SDPD has a description of Anderson as a 6-feet tall  male who weighs approximately 190 pounds. He has black hair and brown eyes. The SDPD is asking the public to help if they have any information on where Anderson may be hiding out but warn that he is believed to be armed and dangerous.

San Diego Crime Statistics From January 2019 to August 2019 

According to the City of San Diego’s Police Department crime statistic map, during the eight-month period between January 2019 through August 2019, the following took place:

  • 31 murders
  • 364 rapes
  • 385 armed robberies
  • 2,198 assaults

The East Village neighborhood had the highest number of murders during this timeframe. There are 3,086 individuals in the state of California who will lose their lives to guns every year. The state comes in at 44 for the most gun deaths when compared to the rest of the country. According to statistics, the state has 51% of their reported gun deaths from suicide, while 44% of gun deaths are from homicides. Across the nation, 61% of Americans kill themselves with guns, and the gun-related homicide rate is 35%.

There are 58 counties in the state of California. Of all the counties that call California home, Los Angeles, San Diego, and Santa Clara counties have the highest gun violence and death rates. There are close to 1,500 deaths by gun homicide each year in the state, making California the 28th-highest for gun-related murders in the country. Black people are affected by gun violence the most. Black people have a 10 times higher rate of death by guns than white people.

Have You Been Charged With Murder and Need a San Diego Defense Attorney?

A felony is the most serious charge you can face, with first-degree felonies receiving the absolute highest punishment for crimes. Any individual who engages in terrorism, treason, murder, rape, arson, robbery, burglary, or kidnapping can be charged with a felony. When you are arrested for felony murder in California, you are looking at many years behind bars, with the potential of never being free. You may even face death. Continue reading

California is already known for having the toughest gun control laws in the United States. With Proposition 63, the rule requiring background checks for ammo purchases, taking effect on July 1, 2019, the state takes another step toward regulating gun laws. Michael Schwartz, Executive Director of the San Diego Gun Owners PAC, believes the new law will lead criminals to conspire or team up with people out of state to supply bullets for their guns. This could result in more guns and crime in California, but the Safety for All Act of 2016 still seeks to prevent this from happening. 

The Safety for All Act of 2016

The Proposition, known as the Safety for All Act of 2016, will:

  • Keep guns and ammunition out of the hands of those prohibited by law from possessing them;
  • Require background checks for ammunition;
  • Ensure vendors report lost or missing ammunition;
  • Make sure the state shares information with federal agencies concerning who cannot have guns;
  • Report lost or stolen guns to the police;
  • Require people to give up their firearms when convicted;
  • Ban military-style ammunition magazines; and
  • Take guns out of the hands of those who steal them.

Finally, this law also means that those who sell ammo must register for a license to do so. This law now makes the sale of ammo and magazines similar to the regulation of gun sales.

No, You Cannot Buy Ammo Outside of California and Bring it Back

Citizens of California cannot buy ammo out of state and bring it back. In an article from 10 News San Diego Mr. Schwartz states, “If you’re Californian, and you go out of state to get ammunition and bring it back into the State of California, you’ve just broken the law. But if you live in another state, you can bring as much ammunition as you want into the state and give it to anybody in California that you like.”

Proposition 63 Divides Californians

As you know, those who oppose Proposition 63 and those in favor of the law stand on opposite sides of the fence and are in a constant battle when it comes to California’s regulations of guns and ammo. Some argue the law will fuel an underground market for criminals. Others, like Ron Markus, the spokesperson for San Diegans for Gun Violence Prevention, say the law will provide more checks and balances so the state has a better idea of to whom ammo is sold. 

Regardless of what side of the fence you are on, if you find yourself in a violent crime situation involving a firearm, you need a qualified criminal lawyer to protect your freedom.  Continue reading

Without a doubt, California has the toughest gun laws in the United States. Earlier this week, Governor Jerry Brown signed several gun control bills into law, making the state’s gun laws even tougher. Effective January 1, 2019, what follows is a summary of the new legislation.

  • Age to buy shotgun or rifle increased to 21: Bill SB100 increased the age for buying a shotgun or rifle in California from 18 to 21. Exceptions are carved out for hunters, police officers, and members of the military.
  • Domestic violence offender lifetime gun ownership ban: Bill AB3129 permanently bans anyone convicted of certain domestic violence misdemeanors from owning a firearm for life.
  • Prior mental illness confinement lifetime gun ownership ban: Bill AB1968 permanently bans anyone who has been hospitalized more than once in a year for mental health issues and found to be dangerous to self or other from owning a firearm for life.
  • Mandatory training: Bill AB2103 requires anyone applying for a concealed gun permit to attend an eight-hour gun safety and handling training course or class. The applicant must pass a test that includes fining a gun at a target.
  • Police initiated restraining orders: Police seeking a gun violence restraining order will be permitted to apply for order verbally when there is no time to make written request.
  • Maintenance of lost firearm database: All California law enforcement agencies will be required to input information on lost or stolen guns into a state database within a week of the agency finding out the firearm was missing.
  • “Bump stock” ban: Bill SB1346 bans “bump stocks” which convert semiautomatic rifles to rapid fire machine guns.
  • Ban on possession of ammunition and gun magazines if guns taken away: Bill SB1200, permits judges to order that mentally unstable people whose guns are taken away also be barred from possessing ammunition and gun magazines.

Charged With a Gun Crime in California?

Illegally carrying a firearm in California is a serious offense. If you have been charged with a gun crime in California, you can face either a misdemeanor or felony charge along with heavy fines and years of imprisonment. If you face gun charges in California, consult a qualified San Diego Criminal Defense Attorney who can help mitigate penalties. Continue reading

In the saga of the Bundy wildlife refuge occupation, Federal prosecutors in Oregon filed a trial brief outlining their case against the occupiers. Prosecutors noted that that evidence teams recovered more than 20,000 rounds of ammunition. Defendants have claimed they were exercising their first amendment rights, but government prosecutors have rejected these defenses.  They note that “Taking a gun into a government office is not First Amendment protected activity.”

The Rights Enumerated in the Bill of Rights are Not Unlimited

The first 10 amendments in the U.S. Constitution is also called the “Bill of Rights.” But constitutional rights are not absolute, and do not automatically have a legal defense for a crime by simply citing a constitutional right.  In fact there are plenty of restrictions that have been imposed on other rights by the Supreme Court.    

The First Amendment prohibits the impediment of the free exercise of religion, speech, press, the right to peaceably assemble or the petitioning for a governmental redress of grievances.  Specifically, it says, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

However, the Supreme Court over the years has placed many restrictions on these rights. You are free to exercise your religion for example, but not if it involves human and animal sacrifice.  One’s free speech may also not be protected if it falsely defames someone’s reputation, incites violence, threatens someone, reveals a trade or military secret and threatens national security, or if it is deemed to be obscene. When, where, and how speech is expressed is also restricted. The government has put limitations on who can speak, such as students, prisoners, and government employees. It can also restrict your speech if you are blocking a public throughway (ie. street) while doing it. While determining limitations on speech, courts must carefully weigh the value of protecting speech against the countervailing public interests, including public safety.   

The second amendment has been mostly invoked in the gun-rights debate as the “right to bear arms” and has been interpreted to include for the purposes of self defense. It states “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

While the NRA would have you believe otherwise, the second amendment is also limited. You cannot point a loaded gun at someone or use it to threaten them, for example. The case of District of Columbia v. Heller in 2008 specified that we have a constitutional right to use firearms for self defense in our private homes. But the opinion did not suggest that right extended to other areas. Continue reading

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