Firearm possession and firearm crimes are a hot button issue for people around the country today. Innocent victims unfortunately lose their lives every year due to gun crimes and gun violence. However, many firearm criminal offenses are not based on violence caused by firearms, but instead on the mere possession of a firearm. If you have been arrested on suspicion of a firearms crime, do not hesitate to contact an experienced San Jose firearms crimes lawyer.
Firearm Crimes in California
California has been a progressive state in terms of firearm control laws. California passed some of the nation's toughest laws concerning firearms, which initially resulted in a drastic decrease in the number of deaths caused by guns. California currently has 30 firearms laws in place, including bans on certain military-style weapons and high capacity magazines. While these stricter laws have been great for the general population of California, they have also meant increased incarceration for many individuals throughout the state.
Felon in Possession
California law prohibits certain individuals from owning, possessing, or purchasing a gun after their conviction of certain offenses. While this law often pertains to people convicted of felony offenses, this can also apply to people convicted of misdemeanor offenses. California law specifically prohibits a person from having a gun or ammunition if you have a prior felony conviction; or have two or more misdemeanor convictions for brandishing a weapon. If you are arrested for violation of possession a firearm after a felony conviction, you may face up to three years in county jail, as well as a fine up to $10,000.
Loaded Firearm in Public
California has made it a criminal offense to carry a loaded firearm in public, including city streets, parks, and sidewalks. A conviction of this offense could lead up to 3 years in prison in addition to a fine. While this crime is typically a misdemeanor offense, it may be heightened to a felony offense if you have previously been convicted of a felony, were not the registered owner of the firearm, or were carrying the firearm while participating in a gang crime.
California prohibits a person from carrying a concealed firearm in public unless the person has been issued a concealed weapons license. However, if you do not have a concealed weapons license, you could face strict penalties if you are arrested with a concealed firearm on your person. These charges may be heightened depending on the caliber of weapon, prior felony convictions, and whether you were arrested during the commission of gang activity.
Firearms Crimes Penalties and Defenses
Each firearm crime is unique and therefore the defense will depend largely on the facts of the case. The greatest defense to any of the firearms crimes is the lack of intent, or lack of knowledge in carrying the firearm, or the fact that the individual was carrying a concealed weapons license. An experienced criminal defense attorney will be able to assist you in developing a defense for your specific situation.
Ahmed and Sukaram Law | San Jose Firearms Crimes Lawyer
If you have been charged with a firearms crime, do not hesitate to contact the San Jose defense attorneys of Ahmed and Sukaram. Our attorneys have years of experience in handling all types of firearms criminal cases. While owning a gun is legal, it is also dependent on the criminal background and the manner in which you acquire and use the firearm. Our San Jose firearms crimes attorneys will reach the facts of the case and will work with you in developing a defense. Contact our San Jose office today for your initial free consultation.