Gun laws are some of the strictest and toughest laws in the criminal justice system. Although these strict laws are vital in curbing the rate of crime and insecurities in our neighborhood, many lawful gun holders run into trouble with the law for failing to comply with these laws and restrictions.

State laws governing and regulating firearms are typically complex to a layman. A conviction for violating any gun law can make you subject to a burdensome fine and other life-changing consequences. When police arrest you for a gun or weapon offense, you should focus on protecting your legal rights because the criminal justice system can be harsh.

That is where the experienced and aggressive team of attorneys at California Criminal Lawyer Group comes in to defend your interests and constitutional rights. We will keenly investigate and review your case to build the best possible defense to counter the alleged gun charges against you in Santa Ana for the best outcome.

Understanding Gun Laws

Under the state's gun laws, most adults aged 21 years and over have the legal right to buy, possess and own a firearm or gun. However, several state laws make it illegal for particular people to own a gun, for example, convicted narcotics addicts and felons.

Further, even gun dealers are subject to strict restrictions under the law regarding the sale, possession, and transfer of guns. To that end, it is vital to understand and comprehend gun laws if you are a legal gun holder or dealer to avoid committing a gun offense unknowingly.

Although most gun offenses are wobblers, an arrest for violating any gun law can make you subject to felony charges, even if you are a first-time offender. Once your alleged case reaches the prosecutor's desk, he/she will most likely pursue the most severe charge against you to deter other people with behavior like yours.

Choosing the right and best defense attorney is critical if you or your friend is in custody for a gun offense or related charge to stay on the safest side of the law. Several gun offenses are chargeable and punishable under the Penal Code.

Understanding these gun offenses is vital even if you are not currently under arrest or in police custody for any offense to know how to protect yourself in the future in case of an arrest for any related charge.

An Overview of Gun Offenses

Discussed below are some of the most common and everyday gun offenses you should know and understand:

Carrying a Loaded Firearm

Although it is legal to own and possess a gun, carrying it in a public place can attract some charges under the law. According to Penal Code 25850 PC, it is unlawful to carry a loaded firearm or gun in any of the following areas:

  • Public place
  • In an incorporated place
  • Motor vehicle
  • Public street

Unless you are a law enforcement officer, peace officer, or security officer, carrying a loaded firearm in any of the places listed above can make you subject to misdemeanor charges under PC 25850. Here are example instances that can attract charges under this statute:

  • Strolling your neighborhood while carrying a loaded pistol in your pockets or your person
  • Driving your vehicle in a public street while carrying a loaded pistol or revolver in the glovebox
  • Walking or strolling a park with a loaded pistol in your backpack

The prosecution must have adequate evidence to prove the following elements of the crime to the jury beyond a reasonable doubt to secure a conviction against you under this statute:

  • You were aware of the gun presence in your person or vehicle
  • The alleged gun or firearm was loaded
  • You were in a public location or place while carrying the alleged loaded gun.

As per PC 25850, a "public place" is any place open to the public and readily accessible by any individual who may want to go there for relaxation or to meet up with friends. On the other hand, a "firearm" could be any of the following:

  • Tasers
  • Shotguns
  • Revolvers
  • Pistols
  • Rifles

Generally, a violation of PC 25850 is punishable as a misdemeanor in most situations. A misdemeanor conviction for carrying a loaded firearm in a public area will attract a fine amounting to up to $1,000 and a maximum prison term of one year. However, if aggravating factors surround your alleged case, you might be subject to felony penalties.

Felony penalties for violating PC 25850 include 16 months, 2, or 3 years incarceration term in the county jail. Aggravating factors that will make PC 25850 violation a felony include:

  • You have a past criminal record for a dangerous drug offense or any other severe violent felonies.
  • You aren't the legal owner of the alleged firearm, or
  • The gun or firearm was unregistered as required by the Department of Justice

Carrying a Concealed Firearm

Unless you have Concealed Weapon Permit, also commonly abbreviated as CCW, carrying a concealed weapon on a vehicle or your person, whether loaded or unloaded, is a crime according to PC 25400. Even if the alleged firearm was within any other car under your control, you might face a gun charge under PC 25400.

Carrying a concealed firearm consists of the following elements of the crime, which the prosecutor must prove in court to secure a conviction against you for a PC 25400 violation:

  • You knowingly had a concealable weapon or firearm, for example, a revolver or pistol.
  • You were concealing the alleged firearm in a vehicle or on your person
  • The firearm was in a considerably concealed place out of public view
  • You knew and was aware of the firearm presence

According to this statute, concealing a firearm means it was in a place out of public view. To that end, the only way you can conceal your legal gun and carry it in a public place without violating the law is by obtaining a CCW. To obtain a concealed weapon permit or CCW, you must meet the following conditions:

  • Your moral character should be good.
  • You must complete the acceptable and approved course on firearms training successfully.
  • There must be a good and reasonable cause to justify the issuance of the gun. For instance, when your immediate family member is in imminent danger.

Otherwise, without a CCW, carrying a concealed weapon under PC 25400 can make you subject to misdemeanor or felony punishments depending on the unique facts of your case. However, the prosecutor will generally file PC 25400 violation as a misdemeanor. If you are guilty of PC 25400 violation as a misdemeanor, your sentence will include:

  • Summary probation
  • A fine not exceeding $1,000
  • A maximum of six years imprisonment term

When determining whether to file your case as a misdemeanor or felony, the prosecutor will consider the factors listed below:

  • Whether you have a past felony conviction record or a conviction for any firearm offense
  • Whether or not you are the legal owner of the firearm
  • Whether or not you are an active participant or member of a criminal street gang
  • Whether or not you are a convicted felon

If the above aggravating factors exist in your case, you will be subject to felony penalties, including:

  • A fine amounting up to $10,000
  • An imprisonment term in the county jail for 16 months, 2 or 3 years
  • Formal probation with a maximum of one year custody in the county jail

Remember, you might be subject to a different gun charge like carrying a loaded firearm in a public place under PC 25850 if the prosecutor's evidence is weak to secure a conviction against you for PC 25400 violation. Therefore, it is wise to have an attorney represent your interests if you are in custody for an alleged PC 25400 violation or any other gun offense.

Brandishing a Weapon

The criminal charge of brandishing a weapon under Penal Code 417 involves waving, showing, or exhibiting a firearm or any other dangerous weapon in the presence of another individual in a threatening way. The following acts can make you subject to brandishing a weapon charge under PC 417:

  • Pointing a penknife at your girlfriend during a quarrel
  • Lifting your jacket in the presence of another person to reveal your pistol
  • Hitting another person in the head using the grip of your handgun

For the sake of PC 417, a deadly weapon is any instrument or object that is inherently dangerous or deadly, meaning it can cause a significant bodily injury or even death, for example:

  • Helmet
  • Baseball bat
  • Bottle

Typically, the criminal charge of brandishing can make you subject to severe penalties if the prosecutor with jurisdiction over this case can provide proper evidence to prove and support the following elements of the crime:

  • You had a deadly or dangerous weapon.
  • In the presence of another person, you exhibited this weapon
  • You did so in a threatening, rude, angry way
  • When you did this act, you were not doing so in self-defense

Unless your case consists of other aggravating factors, brandishing a weapon is typically a misdemeanor offense that carries the following penalties:

  • A fine amounting up to $1,000
  • An imprisonment term of up to one year

Inflicting an injury on another person during the commission of this offense is one of the aggravating factors that can increase the above penalties. Inflicting a severe bodily injury on another person during the commission of this offense is a separate crime under PC 417.6. A violation of PC 417.6 is a wobbler offense, meaning you could face felony or misdemeanor penalties.

In that case, a felony conviction will result in an imprisonment term of up to three years in the state prison. However, a conviction for a misdemeanor violation of PC 417.6 will attract an imprisonment term of one year.

Negligent Discharge of a Firearm

It is legal to possess and own a firearm here, but there is a limitation to how you can use it as a legal firearm holder. Using your gun in any of the following ways can count as a negligent discharge of a firearm under PC 246.3:

  • Willfully and negligently firing your firearm or BB gun into the air to show off or demonstrate to your friends how it works.
  • Willfully and negligently firing your firearm or BB gun into the air during your birthday party celebration.
  • Willfully and negligently shooting at a crowd of people to quiet them down

You will be guilty of violating PC 246.3 if the prosecution can provide relevant evidence to prove the following during this case's trial:

  • You shot or fired a firearm, pellet gun, BB gun willfully and intentional
  • You did the shooting in a grossly negligent way
  • Your actions could have led to possible bodily injury or the death of another person.

Under PC 246.3, negligent discharge of a firearm is generally a wobbler offense. Therefore, a conviction for PC 246.3 violation can attract misdemeanor or felony penalties, depending on various factors and circumstances in the context of your case.

A conviction for misdemeanor PC 246.3 violation will result in the following potential punishments:

  • A fine amounting up to $1,000
  • An imprisonment term of not more than one year in the county jail
  • Misdemeanor probation

However, a conviction for felony PC 246.3 violation will result in harsher punishment, including:

  • 16 months, 2 or 3 years custody in the county jail
  • A fine not exceeding $10,000
  • Felony probation

It is critical to have a reliable defense attorney represent your interest in court when facing a criminal charge for an alleged PC 246.3 violation. A defense attorney can attend most court hearings on your behalf and fight the alleged charges against you for a favorable outcome.

Shooting at Inhabited Dwelling

Lawmakers recognize the risks associated with firing a gun at an inhabited dwelling because a bullet can pass through a wall and cause unintended injury or death of a person. For that matter, you violate PC 246 when you willfully and maliciously fire a gun at any of the following places:

  • Occupied aircraft
  • Occupied buildings
  • Occupied motor vehicles
  • Inhabited campers or recreational vehicles (RV)
  • Inhabited dwellings

To prove the allegations against you are true, the prosecutor will have the legal burden of proving  the elements of crime listed below beyond a reasonable doubt:

  • You shot or fired a gun knowingly and maliciously
  • You fired the firearm at any of the places mentioned above

It is worth noting that discharging a firearm within a car or house does not count as a PC 246 violation. However, shooting your firearm from your apartment through the window into another nearby apartment counts as a PC 246 violation.

Under PC 246, the court considers a house inhabited if a person is living there, even if he/she wasn't inside during the shooting. Generally, shooting at an inhabited dwelling is a felony, and a conviction will make you subject to the following potential penalties:

  • A maximum fine of $10,000
  • Custody in the county jail for a term ranging from six months to one year, or custody in the state prison for a term of three, five, seven years

If an occupant suffers an injury during the commission of this offense, you could face an additional prison term of up to twenty-five years to life and a lifetime ban on purchasing or owning a gun.

Possession, Selling, or Manufacturing of Prohibited Weapons

Although the 5th Amendment of the constitution allows you to buy and possess firearms, there are particular restrictions and limits to the types of weapons you can possess. According to PC 16590, it is a crime to possess, sell or manufacture dangerous and prohibited weapons. Some of these prohibited and dangerous weapons include:

  • Air gauge knife
  • Camouflage firearm container
  • Cane sword
  • Large-capacity machine
  • Rifle
  • Undetectable firearm
  • Shuriken
  • Brass knuckles
  • Nunchakus

An arrest for having any of the above dangerous weapons does not automatically lead to a conviction. The prosecutor has the legal burden of proving to the jury beyond a reasonable doubt that the allegations against you are true. To do that, he/she must present sufficient evidence during the trial to prove the following elements of the crime under PC 16590:

  • You manufactured, sold, or possessed any prohibited weapon mentioned above
  • You did so willfully and knowingly
  • You did not have a legal excuse to have the alleged dangerous weapon

Since the PC 16590 violation is a wobbler, a conviction against you can attract felony or misdemeanor penalties, depending on your specific case situation, facts, and criminal record. When convicted for PC 16590 violation as a misdemeanor, you will face the following potential penalties:

  • Custody in the county jail for a maximum of one year
  • A fine not exceeding $1,000

However, when convicted of this offense as a felony, your probable sentence will include:

  • A fine amounting up to $10,000
  • Custody in the state prison for a maximum of three years

Drive-by Shooting

The crime of drive-by shooting is chargeable and punishable under PC 26100. Generally, you violate drive-by shooting laws under PC 26100 when you do any of the following:

  • Willingly and knowingly discharge a firearm from your car
  • Knowingly allow another individual to bring a gun in your vehicle

Below are few examples of instances that can make you subject to drive-by shooting charges under PC 26100:

  • Firing a rifle from your car while it's moving
  • Allowing another individual to bring a revolver into your car
  • Allowing a passenger to discharge a pistol from your truck

For the sake of this statute, the prosecutor can charge you with PC 26100 violation even if the car was not in motion during the time of the alleged shooting. PC 26100 violation is chargeable and punishable as:

  • A wobbler
  • Straight felony
  • Misdemeanor

Whether the prosecutor will file your case as a wobbler, straight felony, or misdemeanor will depend on alleged case facts and circumstances.

When charged with drive-by shooting as a wobbler, you might face misdemeanor or felony penalties upon conviction, depending on the sophistication of your case. In this case, a felony conviction will result in the following penalties:

  • Custody in the state prison for a maximum of three years
  • A fine amounting up to $10,000

However, if your alleged drive-by shooting offense is a misdemeanor, you should expect the following potential penalties upon conviction:

  • A fine not exceeding $1,000
  • Custody in the state prison for a maximum of one year

When charged with drive-by shooting as a straight felony, upon conviction, your possible sentence will include:

  • A fine amounting up to $10,000
  • Custody in the state prison for a maximum of three years

Lastly, the prosecutor can also file your case as a misdemeanor if your offense is non-severe, for example, allowing a friend to bring a rifle in your car. In this case, the penalties you might face upon conviction will include:

  • Custody in the county jail for a maximum of six months
  • A fine not exceeding $1,000

Defending a Gun Charge Offense

A conviction for any gun offense will not only attract a prison sentence and a fine but will also affect your immigration status if you are a non-citizen. A criminal charge for violating any gun law is a legal issue you may want to discuss with a credible attorney for legal representation.

An experienced defense attorney can apply various defense tactics to counter the gun charge against you during the trial, including:

  • The alleged gun charges are due to false accusations
  • The alleged gun charges are due to illegal search and seizure
  • The alleged gun charges are due to police entrapment
  • The alleged discharge of a firearm was accidental
  • You were acting in self-defense

The specific defense tactics your attorney will use in court during the trial will depend on the specific facts and circumstances surrounding your alleged gun charge.

Find a Santa Ana Defense Attorney Near Me

Credible attorneys at California Criminal Lawyer Group know and understand what you might be going through emotionally if you are under arrest for a gun charge. Don't hesitate to contact us at 714-844-4151 if you are in trouble with the law for an alleged violation of a gun law for a thorough evaluation of your case and an aggressive legal representation by our experienced attorneys.

We will not rest until we achieve a favorable outcome from your alleged gun charge once you contact us.