Unlawful Possession of a Firearm in California: What You Need to Know
Unlawful Possession of a Firearm in California: What You Need to Know
Blog Article
California has some of the strictest gun laws in the country, and violations—especially unlawful possession of a firearm—carry serious consequences. Whether you’re facing charges or trying to understand your rights, it’s crucial to know how the law defines unlawful possession and what your legal options are. At Bulldog Law, we provide aggressive, results-driven defense for individuals facing firearm-related charges throughout California.
What Is Considered Unlawful Possession of a Firearm in California?
Unlawful possession of a firearm in California refers to owning, carrying, or having control over a firearm without legal permission. The state has a range of laws that regulate who can possess firearms, what types are allowed, and under what circumstances.
Common Situations That Can Lead to Charges:
Possession by a prohibited person (e.g., convicted felons, certain misdemeanor offenders, individuals under restraining orders)
Carrying a concealed firearm without a valid permit
Possession of an unregistered or illegal firearm
Possession of a firearm in prohibited areas (schools, government buildings, etc.)
Possession of an assault weapon or high-capacity magazine
It’s important to note that even if the firearm is not loaded or not being used in a threatening way, simply possessing it unlawfully is enough to face criminal charges.
Who Is Prohibited from Possessing a Firearm?
California law prohibits certain individuals from owning or possessing firearms. These include:
Felons: Any person convicted of a felony in any jurisdiction is banned from owning or possessing a firearm.
Misdemeanor offenders: Certain misdemeanors, such as domestic violence or brandishing a weapon, result in a 10-year firearm ban.
Individuals with restraining orders: If you’re subject to a domestic violence restraining order, you may be prohibited from owning firearms.
Drug addicts or mentally incompetent persons: Those deemed addicted to narcotics or declared mentally incompetent are restricted under the law.
Violating any of these restrictions can result in charges of unlawful possession of a firearm under Penal Code § 29800 and related statutes.
Penalties for Unlawful Possession of a Firearm
Unlawful possession of a firearm in California can be charged as a misdemeanor or felony, depending on the circumstances.
Potential Penalties Include:
Misdemeanor possession:
Up to 1 year in county jail
Fines up to $1,000
Felony possession:
16 months, 2 years, or 3 years in county jail (under realignment)
Higher fines
Permanent loss of gun rights
Felony convictions may also count as a strike under California’s Three Strikes Law, increasing penalties for future offenses.
In addition to criminal penalties, a conviction may impact employment, immigration status, and your ability to possess firearms in the future.
Defenses Against Unlawful Possession Charges
At Bulldog Law, we don’t believe in cookie-cutter defenses. Every case is different, and our team builds a strategy based on the specific facts of your situation. Here are a few common defenses we may explore:
Lack of knowledge: You didn’t know the firearm was in your possession (e.g., left in your car by someone else).
Illegal search and seizure: If law enforcement discovered the firearm through an unlawful search, the evidence may be suppressed.
You had a valid permit: If you had a concealed carry permit (CCW), your possession may have been legal.
Possession was momentary: You briefly held the firearm to dispose of it or for safety reasons.
A skilled criminal defense attorney can investigate whether your constitutional rights were violated or if the prosecution’s case is weak.
Why You Need an Attorney
Firearm laws in California are complex, and prosecutors take these cases seriously. Attempting to handle charges of unlawful possession on your own puts your freedom and future at risk.
Bulldog Law offers strategic, no-nonsense criminal defense for individuals across California. Our legal team understands how these cases are prosecuted, and we know how to push back effectively. We’ll work to:
Examine the evidence for weaknesses
File motions to suppress illegally obtained evidence
Negotiate for reduced charges or alternative sentencing
Fight for dismissal or acquittal in court, if needed
Contact Bulldog Law for a Strong Defense
If you’ve been charged with unlawful possession of a firearm in California, you need a defense attorney who’s aggressive, experienced, and ready to fight for you. At Bulldog Law, we’re committed to protecting your rights and minimizing the impact of a criminal charge on your life.
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