San Bernardino Unlawful Possession of Firearms Attorney

Defending Californians who have been charged with the unlawful possession of firearms in San Bernardino.

Have you been charged with the unlawful possession of a firearm? Contact the Law Offices of David S. Chesley today for a free consultation. Many of our San Bernardino criminal defense attorneys are former prosecutors and judges that understand California’s gun laws and their nuances. This part of the law involves a lot of jargon, so it’s easy to be charged with a crime just for owning a gun.

What are the Current Gun Laws in California?

In the state of California, most adults can buy a firearm without a license. Individuals who can legally purchase a firearm can keep this firearm in their home or place of business (providing that it’s owned). They may also carry a gun in a locked container from one place to another. However, it is illegal to carry a loaded firearm in a public place. Also, all handgun owners must possess a valid handgun safety certificate.

California Penal Code 25850 makes it a crime to carry a loaded gun in a vehicle or public place. If you are found guilty of carrying a loaded weapon, it will most likely be charged as a misdemeanor. However, it can be charged as a felony if aggravating circumstances are present. Carrying a loaded firearm is a separate offense from carrying a concealed weapon, which is prohibited under PC 25400.

Who Cannot Legally Own a Gun in California?

There are adults in California who cannot legally buy a firearm. To be prohibited from buying a firearm, you must fall into one of these groups:

• Felons
• Persons addicted to narcotics
• Person with two or more convictions under Penal Code 417, California’s law against brandishing a weapon
• Persons convicted of certain misdemeanors
• Persons who have mental illness
• Anyone under the age of 18

If you fall into any one of these groups and are caught with a firearm, you can be charged guilty under Penal Code 29810. As a result, you will have to relinquish your weapons and ammunition.

Concealed Firearm Permits in San Bernardino

Some people plan on keeping their weapons in a locked safe at home. Others prefer carrying around a concealed weapon. As trusted criminal defense lawyers in San Bernardino, we always encourage people to know the laws and how they can affect the way their firearm is used. If you’re looking for legal representation, you’re probably past this point. But going forward, we strongly recommend knowing all of the limitations and your rights.

For example, under Penal Code 26150, California allows people to purchase firearm permits that allows them to carry a concealed firearm. The permit can be issued by the local police department based on the following criteria:

• You are a person of good moral character
• You have a good cause for carrying a concealed weapon
• You are a resident of the San Bernardino city
• You have completed a firearms training course

Per the discretion of the police department, you may be allowed to carry a loaded, concealed gun. You must comply with the terms listed in your permit.

Without a permit, California Penal Code 25850 makes it a crime to carry a loaded gun in a vehicle or public place. If you are found guilty of carrying a loaded weapon, it will most likely be charged as a misdemeanor. However, it can be charged as a felony if aggravating circumstances are present. Carrying a loaded firearm is a separate offense from carrying a concealed weapon, which is prohibited under PC 25400.

How to Fight a Charge of Unlawful Possession of a Firearm

If you are accused of carrying a loaded weapon, there are a number of legal defenses that can be used to fight your case. Our unlawful possession of firearms defense attorneys in San Bernardino will help determine what defense is best for your case. For example:

• You didn’t realize that you were carrying the weapon. This defense is hard to use if you were carrying the gun in your waistband. However, if you were carrying a gun in a bag or in the car and not actually on you, it could be used as a defense.
• The firearm wasn’t loaded. To be charged with carrying a loaded weapon, the weapon must be loaded. If it was not loaded, then you are not guilty of this crime. However, you can still be charged under PC 26350(a), carrying an unloaded firearm in public.
• You didn’t carry the firearm in public. PC 25850 only applies when you carry the weapon in a public place, public street or incorporated city. These include government offices, schools and post offices. If you weren’t arrested in a public place, you can be acquitted of the charge.
• You were carrying the gun in self-defense. California’s self-defense law, Penal Code 26045 allows people to carry a gun if they believe that they are in grave danger. A judge or jury will decide if you acted reasonably in your situation.

What are the Penalties for Being Charged with the Unlawful Possession of a Firearm?

If you are charged with a misdemeanor of PC 25850, possible penalties are informal probation, up to one year in a county jail and/or a fine of up to $1,000. If there are aggravating factors to your case, or you have a criminal history, your crime can be upgraded to a “wobbler” crime.

Wobbler crimes can be charged as felonies or misdemeanors – they “wobble” in between. If you are convicted of a felony, you can face up to 16 months, two years or three years in county jail and a fine of up to $1,000.

A misdemeanor conviction doesn’t necessarily revoke your right to own a firearm. However, if you are a juvenile under the age of 18 and found guilty of carrying a loaded weapon, you will not be able to own a firearm until you are 30 years old. On the other hand, if you are charged with a felony, you will lose the right to purchase, receive, own or possess a firearm for life.

There are ways to restore your gun rights in San Bernardino. Call the Law Offices of David S. Chesley for a free consultation so that we can discuss the details of your case. We provide exceptional legal representation for cases involving the unlawful possession of firearms.