California Gun Laws

August 29, 2024 | Ahmed & Sukaram, DUI and Criminal Defense Attorneys

If you find yourself potentially facing charges related to California’s gun laws–or even if you just live in or are visiting California–it’s crucial to understand the serious and complex nature of these regulations. California has some of the strictest gun laws in the United States, governing who can own firearms, how they’re purchased, and laws about carrying them in public spaces.

Understanding the laws and the potential legal defenses that can be raised if you find yourself facing charges will give you an idea of what to expect.

California Gun Possession Laws

In California, who can own a gun and how you possess it are strictly regulated. To legally possess a gun in California, you generally need to meet the following criteria:

Age requirements: You must be at least 21 years old to possess handguns and 18 for long guns unless certain exemptions apply.
Background check: You need to pass a background check through the state database DOJ. This check reviews your criminal record, involvement with restraining orders, or any mental health conditions recorded by the state’s system that might disqualify you from owning firearms.
Certification: Before buying or acquiring a firearm, you must obtain a Firearm Safety Certificate (FSC) by passing a written safety test administered by certified instructors.

Understanding and adhering to these criteria is essential, as failing to abide by California’s gun possession laws could result in felony charges and serious legal consequences.

Individuals Prohibited From Possessing a Firearm

In California, several legal prohibitions in place prevent certain individuals from buying or possessing a firearm. They include:

Convicted felons: If you have been convicted of any felony offense, you’re barred from possessing, purchasing, or owning firearms in the state.
Narcotics addicts: Individuals determined by the court to be drug addicts are also ineligible to possess guns due to their impaired status, which could increase the risk of misuse.
Convictions for brandishing weapons: Repeat offenders with two or more convictions for brandishing weapons can’t own firearms, as such behavior shows a pattern that is thought to show unsafe gun practices.
Certain misdemeanor offenses: Specific misdemeanors entailing aggression–like domestic violence cases including corporal injury–carry prohibitions for firearm possession.
Mental illness: Having a mental illness that causes you to be a danger to yourself or others can disqualify you from possessing firearms. A court may declare someone inappropriate for gun possession based on these concerns.

For anyone falling into these categories, it is against California law to acquire or keep any type of firearm. Violations can result in significant legal penalties, including possible jail time, fines, and long-term loss of gun rights.

Laws For Carrying a Concealed Firearm

In California, carrying a concealed firearm is illegal without the proper permit. If found with a concealed weapon without authorization, you can be fined up to $1,000, could face a year in jail, or both. These permits are issued by local law enforcement and require meeting certain criteria and completing required training.

Open Carry Laws

Under current California law, generally, both the open carry of unloaded weapons and loaded firearms are illegal. Penal Code 26350 prohibits the open carrying of any unloaded handgun in public places, while 25850 states that you may not openly carry a loaded firearm on your person or vehicle in public areas.

Violating California’s open carry laws can lead to serious consequences and fines.

Legal Defenses for Illegal Possession of Firearms

Fighting charges for illegal firearm possession can be challenging, but there are several legal strategies that might be used depending on the individual circumstances of the case.

Here are some common defenses that may be presented:

Lack of Knowledge: The defendant can argue that they were unaware of the presence of the firearm or that it belonged to someone else.
Mistaken Identity: This defense hinges on establishing that the defendant was incorrectly identified as the person in possession of the firearm.
Self-Defense: The defendant may claim that possessing the firearm was necessary for their protection in a specific situation.
Illegal Search and Seizure: The evidence may be deemed inadmissible in court if law enforcement obtained the firearm through an unlawful search or without a warrant.

Contact a Florida Criminal Defense Lawyer

Dealing with charges related to the illegal possession of firearms requires legal guidance. California firearm laws are complicated, and the legal system can be daunting and stressful. If you are facing this situation and need assistance, contact a California criminal defense lawyer today to schedule a free consultation.

Contact our Criminal Defense Law Firm of Ahmed & Sukaram, DUI and Criminal Defense Attorneys Today For Help

For more information please contact our criminal defense law firm of Ahmed & Sukaram, DUI and Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, DUI and Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, DUI and Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500