Without a doubt, a weapons charge is a serious crime that, if a person is found guilty, might have a significant impact on their future. Although it is lawful to own or possess a gun in Sacramento, there are stringent regulations that may result in a false arrest.
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In the absence of adequate legal counsel, those accused of such crimes could face substantial repercussions that could endanger their freedom and financial future if they are charged with a crime involving a firearm.
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Goss Law has extensive experience representing those accused of the illegal possession of a firearm and other gun-related crimes.
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Understanding California Weapons Charges
A person will face serious criminal penalties if they are convicted of gun crimes. Most gun-related crimes are felonies, and a person could risk going to jail or prison for them. California's strict gun laws make it illegal to carry a gun in some conditions.
If someone is caused illegally carrying or possessing a firearm, they may be subject to harsh criminal consequences and will need to consult a reliable criminal defense attorney for help.
Types Of Gun Crime Cases Goss Law Handles
Depending on the circumstances, a person may be accused and prosecuted for any of the following crimes involving a deadly weapon:
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Handling a handgun incorrectly while driving
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Keeping a concealed weapon
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Weapons in the hands of a convicted criminal
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Owning an assault weapon
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Illegal sale of firearms
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Launching a weapon or projectile into a populated structure
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Aggravated assault with a deadly weapon
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Owning illegal firearms
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It can be scary to be detained on gun-related charges, and the consequences may be severe. State and federal gun laws are complex, and a tenacious and knowledgeable Sacramento gun charge attorney from Goss Law will do whatever it takes to protect the legal rights of anyone facing these allegations.
What Is Considered Illegal Possession? When State and Federal Law Forbids the Possession or Acquisition of a Firearm
Those who fall into one of the following categories are prohibited from using or acquiring a firearm according to federal and California law:
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A convicted felon
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Those who have renounced their US citizenship
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Anyone who has been convicted of domestic violence or violent crimes
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Illegal immigrants
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Anyone who has been convicted of narcotics use
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Those who have a restraining order against them
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Persons adjudicated mentally disordered sex offender
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Fugitives from the law
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Minors (anyone under the age of 18)
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Anyone with two or more convictions under PC 417(a)(2)
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Those who have been discharged from the military dishonorably
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Anyone under federal indictment for any crime that is punishable by imprisonment of over a year
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The Penalties for Weapon-Related Offenses
The severity of the punishment for a gun offense, whether it be either a misdemeanor or a felony, is determined by the type of weapon used, the motives for its use, and whether the accused has a prior criminal history.
Misdemeanor Vs. Felony Charges
The punishments that the prosecution may pursue in a gun crime case are as follows:
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Charges for misdemeanors - This involves a fine of up to $1,000 and a prison sentence of not more than a year.
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Felony charges - Depending on the specifics of the crime, the circumstances surrounding the arrest, and any past convictions, the sentence might range from 1 to 20 years in jail.
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Keep in mind that other penalties may apply. The "use a gun and you're done" law in California allows for the extension of a sentence in some instances.
Generally Prohibited Weapons
California laws prohibit the possession and use of the following weapons:
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Camouflaging firearm containers
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Short-barreled shotguns
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Firearms that aren’t obviously firearms
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Undetectable firearms
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Multi-burst trigger activators
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Short-barreled rifles
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Zip guns
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Large capacity magazines
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Unconventional pistols
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Cane guns
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Wallet guns
Laws for Carrying a Loaded Firearm
The Penal Code 25850 PC forbids carrying a loaded weapon in public. This includes having a loaded gun while driving unless it's locked up in the trunk or a similar secure place. A gun is said to be loaded if a cartridge or shell is present in the firing mechanism, clip, magazine, or any other accessory.
Even if the weapon is unusable, the defendant can still be charged with this crime. To be in violation of this statute, the person must have a loaded gun on purpose in their possession. A person is not guilty of a weapons offense if they were unaware that the vehicle they were operating contains a loaded gun.
California Does Not Have an "Open Carry" Law
It is crucial to note that the state of California does not have an "open carry" statute, which allows people to carry guns as long as they are visible. No firearms may be carried in plain view, loaded, or unloaded.
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Similar to carrying a concealed weapon, possessing a loaded gun has the same penalties. An offender could be prosecuted for two crimes if the firearm is loaded and hidden.
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To learn more about the laws concerning firearms, it's best to book a free consultation with an experienced criminal defense attorney in Sacramento.
Defenses for Gun Crimes
Every gun crime case is unique. A skilled criminal defense attorney in Sacramento will be able to assess the facts and develop defenses and a plan of action for each offense. In Sacramento, there are a few typical responses to accusations of using a weapon:
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The person did not realize the gun was present or even existed.
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Fourth Amendment violations apply, which include unlawful search and seizure, without a valid warrant.
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The accused has no prior convictions.
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There was no ownership of the weapon.
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Accidentally firing a loaded firearm.
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The gun was used in self-defense.
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Anyone accused of a weapons crime can talk to an expert attorney at Goss Law for sound legal advice and aggressive legal representation.
Goss Law Is Here to Help!
A felony conviction can have grave consequences. Those found guilty of the illegal possession of an assault weapon, illegal sale, or other gun-related offense risk going to county jail or state prison for a gun-related crime and having a permanent criminal record.
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The good news is that a criminal defense attorney in Sacramento can help to get these charges dropped. A defense attorney is well-versed in state and federal law and can provide the counsel and defense required to prevent a gun crime from becoming a permanent criminal record.
Because every case is different with its own unique facts, it's important for defendants to book a free consultation with an attorney at Goss Law to talk about the specifics of their cases.
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Goss law is amazing! They handled my case quickly and got all my charges dismissed. I am very pleased with their service. I will definitely recommend Goss Law to my friends and family in the future!
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