Gun crime charges can be among the most daunting and life-altering legal issues anyone can face. Whether you’ve been accused of illegal possession, use, or trafficking of firearms, the consequences of a conviction can be severe, impacting your freedom, future, and Second Amendment rights. Navigating the complexities of gun crime charges requires experienced legal counsel by your side to protect your rights and build a robust defense.
Do not hesitate to seek expert legal representation. Bernal Law specializes in criminal defense, with a deep understanding of gun laws and a track record of successfully defending clients in similar cases. Contact us today for a confidential consultation, and let us put our experience to work for you.
Understanding California’s Gun Crime Laws
California is known for its strict gun control laws, aiming to strike a balance between the Second Amendment rights of its residents and public safety concerns. With a population of over 39 million people, the state faces unique challenges in regulating firearms. Some important California gun laws to know include:
Assault Weapons Control Act (AWCA)
California has some of the strictest regulations on assault weapons in the United States. The Assault Weapons Control Act bans the sale, possession, and transfer of specific types of firearms, including assault rifles and certain semi-automatic weapons. Those who own pre-existing assault weapons are required to register them with the state and comply with strict storage and transportation rules.
Magazine Capacity Limitations
California law restricts the capacity of ammunition magazines to 10 rounds or less. Possession, sale, or transfer of magazines that can hold more than 10 rounds is prohibited, with some exceptions for law enforcement and certain other individuals. Owners of high-capacity magazines must either surrender them to authorities, modify them to hold fewer rounds, or sell them out of state.
Background Checks and Waiting Periods
To purchase firearms in California, individuals must undergo a background check and comply with a mandatory 10-day waiting period. This waiting period allows law enforcement to complete a thorough background check to ensure that the applicant is eligible to possess a firearm.
Gun Violence Restraining Orders (GVRO)
California’s Gun Violence Restraining Order law allows law enforcement officers and family members to request a temporary restraining order against someone they believe poses a significant risk of violence with a firearm. This allows for the temporary removal of firearms from the person in question, even if they have not committed a crime.
Open Carry Restrictions
In California, open carry of firearms is generally prohibited. Handguns must be carried in a concealed manner, and long guns (rifles and shotguns) must be unloaded and carried in a locked case or trunk when transported in a vehicle.
Background Checks for Ammunition Purchases
In 2019, California implemented background checks for the purchase of ammunition. Buyers must undergo a background check through the California Department of Justice before they can buy ammunition. This law is designed to prevent prohibited individuals from acquiring ammunition.
To purchase a handgun in California, an individual must be at least 21 years old. For long guns, such as rifles and shotguns, the minimum age is 18. Minors are generally prohibited from possessing firearms unless they have written consent from a parent or legal guardian and are using the firearm for specified purposes, such as target shooting.
Penalties for Violating Gun Laws in California
Violating California’s gun laws can result in severe penalties, including fines, imprisonment, and the loss of firearms rights. The specific penalties vary depending on the nature of the offense and the offender’s criminal history.
Facing Gun Crime Charges: The Importance of Working With an San Diego Gun Crimes Attorney
Facing gun crime charges can be an overwhelming and frightening experience. The legal consequences of such charges can be severe. In these situations, a skilled and experienced San Diego gun crimes attorney can play a crucial role in protecting your rights. A gun San Diego gun crimes lawyer can provide the following benefits for your case:
Expert Legal Advice and Guidance
One of the primary roles of a San Diego California gun crimes attorney is to provide expert legal advice and guidance. A knowledgeable gun crimes attorney in San Diego will thoroughly understand the specific gun laws in your jurisdiction and how they apply to your case. They will advise you on your rights and the legal options available to you.
Building a Strong Defense
A gun crimes attorney in San Diego will work diligently to build a strong defense tailored to your case. They will investigate the circumstances surrounding the gun crime charges, collect evidence, and identify any weaknesses in the prosecution’s case. Depending on the specifics of your situation, possible defenses may include:
- Challenging the legality of the search and seizure that led to the discovery of the firearm.
- Questioning the reliability of witness statements or evidence.
- Asserting self-defense, if applicable.
- Exploring plea bargain options to reduce charges or penalties.
A San Diego, CA gun crimes attorney will tailor a defense strategy to your needs.
Protection of Constitutional Rights
The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. If law enforcement violated your Fourth Amendment rights during the arrest or investigation, a gun crimes attorney will work to have any illegally obtained evidence excluded from your case.
Negotiating With Prosecutors
A San Diego gun crimes attorney can negotiate with prosecutors on your behalf to achieve the best possible resolution to your case. This may involve plea bargaining to reduce charges or penalties or seeking alternative sentencing options such as probation, diversion programs, or community service. The goal is to minimize the impact of the gun crime charges on your life.
If your case goes to trial, a gun crimes attorney in San Diego will serve as your advocate in court. They will present evidence, cross-examine witnesses, and make legal arguments to defend your rights and interests.
Facing Gun Crime Charges? Call Bernal Law Today
Facing gun crime charges is a serious and complex legal matter that requires the expertise of a skilled gun crimes attorney in San Diego, CA. Your rights, your freedom, and your future are at stake, and having a knowledgeable legal advocate by your side can make all the difference in the outcome of your case. At Bernal Law, our gun crimes lawyers in San Diego are committed to providing you with the highest level of legal representation, ensuring that your rights are protected and that every available defense strategy is explored.
Don’t let gun crime charges define your future. Take action today and reach out to Bernal Law for a confidential consultation. Reach us through our online contact form or by calling (619) 736-9092. We also speak both Spanish and English.