Laws pertaining to weapons within the state of California are quite complex. The reason for this is that there are many controversial viewpoints regarding weapons and the state has made an effort to codify those concerns into legislation that prevents individuals from carrying either loaded or unloaded firearms. If you have been convicted of carrying a loaded firearm, it is highly recommended that you retain legal coulee to assess the merits of the charges against you and to formulate a possible strategy for you to limit the amount of charges that you are experiencing.
Under the laws in the state of California, an individual can only be convicted of carrying a loaded firearm if they satisfy certain criteria. The prosecution is forced by law to prove beyond a reasonable doubt that: the Defendant did in fact know that they were in possession of a firearm, While the Defendant was in possession of the loaded firearm they were on a public street or in a public place, and the Defendant carried a loaded firearm on their person or in their vehicle. Additionally, the Defendant does not necessarily need to have the firearm in working order, but have the intention of carrying a firearm that appeared to them to be in perfect working condition. If this is demonstrated by the prosecution, you could be facing penalties such as: $1,000 in fines, temporary firearm restrictions, consequences to your immigration status, between 3 to five years of probation, potentially one year in County Jail, and a temporary loss of your Search & Seizure Rights.
Granted that this list is quite exhaustive and has many grey areas for interpretation, it is essential that you have the best possible representation so that the prosecution has to bring a proper case against you. If you represent yourself, the prosecution will have a much easier time winning since you will not receive pertinent advice regarding strategy and potential defenses in your case that could have the prosecution’s case thrown out all together.
Furthermore, by retaining counsel, you will be able to assert potential defenses to your charge if your charge was made in error. Potential defenses that could arise are: you were unaware that you had a firearm, you were not actually in possession of a firearm, you were carrying the firearm with the purpose of immediate self-defense, you were not in a public area when carrying the firearm, you were illegal searched by police officers, and the firearm was not in fact loaded.
Given the exhaustive list of defenses to carrying a loaded firearm, you may potentially have a case for proving one of them. By retaining the services of our law firm, we are elated to help make your life a great deal easier with the legal knowledge that we possess. We have a strong success rate with our clients and would be willing and able to provide the utmost quality of legal representation to your upcoming case and will likely find many potential arguments/theories that could greatly reduce the charges that you are facing in the long term. Thus, do not hesitate to contact us today to get your relief started.
Can I Carry a Loaded Gun in Los Angeles?
California is well-known for having strict gun control laws. However, in certain circumstances, it is perfectly legal to own, possess and carry a firearm. With that being said, there are also some very clear restrictions when it comes to carrying a firearm.
In certain circumstances, a person may be arrested and charged for carrying a loaded firearm on their person on in their vehicle. Protect your rights by learning more about this criminal offense.
Carrying A Loaded Gun: What You Need To Know
Section 25850 of the California Penal Code expressly forbids the carrying of a loaded firearm in a public place. The law states that you can be arrested and charged if you commit the following actions:
It’s important to note that this law applies to the carrying of a loaded firearm in a public place or a prohibited place. It’s not a crime to carry a loaded firearm in a private location, such as your home or at a shooting range. However, keeping a loaded firearm on your person or in your vehicle while in a public place, such as a highway or a shopping mall, may lead to your arrest.
Legal Exceptions and Examples
As with many laws, this law carries some exceptions. In certain cases, you may be allowed to carry a firearm in public if you meet very specific requirements. For example, you may avoid prosecution under this law if:
For example, imagine that Amy has purchased a new handgun. She decides to go on a trip to the grocery store to do her shopping. Amy decides to carry the pistol in her purse. If she is caught with the loaded gun, she may be arrested and charged with a crime. However, there are some exceptions to this scenario.
For example, if Amy has a valid concealed weapons permit, she may be allowed to carry a loaded firearm in certain locations. Also, if Amy just purchased the handgun from a licensed firearms dealer, she is allowed to transport that gun in her vehicle. So, if Amy purchases the gun and then places it unloaded into a locked container in the trunk of her car, she can drive home with the gun without the fear of arrest.
For the purposes of this law, a loaded firearm is one which contains at least one unfired round in its magazine or in its chamber.
Legal Penalties and Defenses
A person who is convicted of this offense may face:
If you have been charged with this offense, you need a strong legal defense. Contact our law firm immediately to get an assessment of your case and legal options. We may defend you by arguing that:
A successful legal defense could mean that you could avoid a conviction and keep a clean criminal record.
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