In the state of California, there are many people that can legally possess or own guns. Even though some residents are registered to carry firearms, there are a number of restrictions they need to follow in order to stay within the letter of the law. The trouble for the average resident of California is the gun laws in this state are loaded with a number of exceptions and nuances. If you are ever arrested while carrying a firearm, the best thing to do is contact the Los Angeles firearm offenses lawyers immediately.
Here are just a few of the legal defenses your Los Angeles firearm offenses lawyer could use if you were wrongfully arrested while carrying a weapon;
Legally Allowed to Carry
Perhaps you took all the tests, filled out all the paperwork, and now you can legally carry a weapon in the state. There could be an instance where you did not inform the arresting officer or tell anyone you have a weapon and it is legal. As long as your license or permit is valid, you are not violating the law by carrying, but you still must follow the law in the state. As a gun owner, you do bear the burden of showing the police that you are in fact allowed to carry the weapon.
Although you always carry a copy of your permit with you, today you were driving a different vehicle and simply forgot to transfer it to the vehicle you were driving.
Carrying a Gun in Self-Defense
Perhaps you were doing business in a known drug area or a part of town where gang violence is all too common. The weapon you are carrying is only for self-defense, whether that be for you or protecting your family. The gun is not clearly displayed, and you have no intention of using it. During a simple traffic stop, the officer finds the gun and arrests you. Your Los Angeles firearm offenses lawyer might be able to get you absolved of any criminal liability for carrying the firearm under the state’s self-defense laws.
If your attorney can show that you felt your life was in grave danger, it is possible for the charges to be dropped.
No Ability to Cause Harm
On your way home from the gun range, you get into a heated argument with another driver. You’re trying to tell him he cut you off as you exited the gun range, gesturing with a gun motion where the offense took place. The driver reports it to the police, and they come to the scene to discover the gun in your back seat. Even though you were charged with assault, you didn’t have the ability to cause anyone harm. The gun could not have been used because it was locked in a case and all the ammunition was used at the gun range. The other driver made the mistake of thinking you were gesturing about having a gun when all you were doing was referencing where you were cut off in traffic.
Your Los Angeles firearm offenses lawyer will show the court that because you were in a moving vehicle, you were not going to pistol whip anyone and no one was going to be shot because all the ammunition was gone.
Gun Found in Illegal Search
If the Los Angeles firearm offenses lawyer can show the gun was found during an illegal search by the police, the case could be dismissed. The US Constitution protects residents from an unreasonable search, so the officer could not have searched your vehicle unless they had a valid warrant or probable cause to look in your vehicle. Unless you gave the officer consent, the police officer could have violated your rights.
When the firearm is found during an illegal search, the foundation of the case against you becomes inadmissible in court.
The penalties for carrying firearms in the state are too severe in this state, it is always best to be working with a Los Angeles firearm offenses lawyer who can try to get you a favorable result in court. Regardless the circumstances, the complexities in the laws mean you may not be in violation although the charges seem severe.