If you find yourself facing gun-related criminal charges in Orange County, California, it is crucial to have a trusted and experienced legal advocate by your side. That’s where an Orange County Gun Crime Lawyer comes in. With their deep understanding of state and federal gun laws, these specialized attorneys are dedicated to protecting your rights and providing a strong defense strategy.
Whether you’re facing charges related to illegal possession, firearm trafficking, assault with a deadly weapon, or any other gun-related offense, an Orange County Gun Crime Lawyer has the knowledge, expertise, and courtroom experience to navigate the complexities of your case.
They will diligently work to achieve the best possible outcome, striving to have charges reduced or dismissed, or to secure a favorable plea agreement if appropriate. With their guidance, you can have confidence in your legal representation and the defense of your rights.
What is a Gun Crime?
A gun crime refers to any criminal offense involving the unlawful use, possession, sale, or trafficking of firearms. It encompasses a wide range of offenses, including but not limited to:
- Illegal Possession: Unlawfully possessing a firearm, such as being a convicted felon in possession of a firearm or possessing a firearm without the required permits or licenses.
- Firearm Trafficking: Engaging in the illegal sale, distribution, or transportation of firearms, including smuggling firearms across state or national borders.
- Assault with a Deadly Weapon: Committing acts of violence or threats involving the use of a firearm, which may result in charges such as assault, aggravated assault, or attempted murder.
- Unlawful Discharge: Discharging a firearm in a prohibited area or in a manner that endangers others.
- Possession of Illegal Firearms: Owning or possessing firearms that are prohibited by law, such as certain types of assault weapons or firearms with modified serial numbers.
What are the Laws Governing Gun Crime in Orange County?
Gun crimes in Orange County, California, are governed by both state and federal laws. The key laws include:
- California Penal Code: This code outlines various offenses related to firearms, such as illegal possession, firearm trafficking, assault with a deadly weapon, and carrying a concealed firearm without a permit.
- California’s Gun Control Laws: These laws regulate firearm sales, background checks, waiting periods, and the types of firearms that are legal to possess.
- Federal Firearms Act: Federal laws regulate interstate firearm transactions, prohibit certain individuals from owning firearms (such as convicted felons or those with restraining orders), and address firearm trafficking.
It is forbidden by California Penal Code Section 12025 to carry a concealed weapon in a car or on one’s person without a licence. A misdemeanour or felony can be charged for carrying a hidden weapon, and both the district attorney’s office and police enforcement will vigorously pursue offenders.
What are the Offenses and Penalties for Gun Crime?
18 U.S.C. Section 924(c) is the federal provision that mandates harsher punishments when a firearm is used in the commission of violent crimes or offences involving drugs. If someone is found to be using or carrying a handgun while committing a violent or drug-related offence, they will face a lengthier minimum sentence under this statute. The Act defines a crime of violence as any felony involving the use, threat of use, or actual or threatened use of force against a person or their property.
The sort of gun used and how it was used during the crime will determine how long the obligatory minimum punishment is. Among the possible sanctions are the following:
- The minimum penalty for carrying a gun during a crime is five years, while the maximum sentence is life in prison.
- When a gun is brandished during a criminal act, the minimum term ranges from seven years to life in prison.
- If the firearm is discharged during a criminal act, there is a minimum term of 10 years to life in prison.
- If found in possession of a semiautomatic assault weapon, short-barreled rifle, or short-barreled shotgun during a criminal act, the minimum term is 10 years to life in prison.
- For possessing a machine gun, destructive weapon, or another gun while committing a crime, the minimum penalty is 30 years to life in prison.
How to Select the Best Lawyer for Orange County Gun Crime Lawyer?
Selecting the best lawyer for an Orange County gun crime case requires careful consideration. Here are some key steps to follow:
- Experience: Look for a lawyer with extensive experience in handling gun crime cases in Orange County. Specialized knowledge of relevant laws and courtroom procedures is essential.
- Expertise: Choose a lawyer who specializes in criminal defense and has a track record of successfully handling gun crime cases. They should have a deep understanding of firearm laws and possess strong negotiation and litigation skills.
- Reputation: Research the lawyer’s reputation through client testimonials, peer reviews, and case outcomes. Seek recommendations from trusted sources if possible.
- Communication and Trust: Ensure the lawyer communicates effectively, listens attentively, and builds a rapport based on trust. They should keep you informed and involve you in strategic decision-making.
- Resources: Assess whether the lawyer has access to necessary resources, such as investigators and expert witnesses, to strengthen your defense.
- Consultation: Schedule consultations with potential lawyers to discuss your case, evaluate their approach, and determine if they are a good fit for you.
What are the basics of buying and possessing firearms in California?
In California, buying and possessing firearms involves several key basics. These include undergoing a background check, obtaining a Firearm Safety Certificate, adhering to waiting periods, complying with restrictions on assault weapons, registering handguns, and obtaining a permit to carry concealed firearms. It is important to familiarize oneself with the specific requirements and regulations outlined in California’s firearm laws before purchasing or possessing a firearm.
You need a current Firearm Safety Certificate (FSC) in order to buy or obtain a firearm. You must receive at least a 75% on an objective written test covering firearm laws and safety regulations in order to be granted an FSC. DOJ Certified Instructors, who are frequently found at gun shops, give the test.
Are semi-automatic firearms legal to possess in California?
Semi-automatic firearms are generally legal to possess in California, with some restrictions. The state has specific regulations regarding assault weapons, which may include certain semi-automatic firearms that possess specific features deemed prohibited. Compliance with these regulations, including registration and restrictions on modifications, is crucial to ensure lawful possession of semi-automatic firearms in California.
What is the minimum age requirement for purchasing a handgun in California?
The minimum age requirement for purchasing a handgun in California is 21 years old. Individuals must be at least 21 years old to buy a handgun from a licensed firearms dealer.
However, there are exceptions for individuals who are at least 18 years old but under 21, such as members of the military or law enforcement officers.
How long is the waiting period for firearm purchases in California?
In California, there is a mandatory 10-day waiting period for firearm purchases. This waiting period applies to all firearms, including handguns and long guns, and is intended to allow time for a background check to be conducted. The waiting period begins from the date of purchase or the date the firearm is transferred to the purchaser.
What is the purpose of the Firearm Safety Certificate in California?
The purpose of the Firearm Safety Certificate (FSC) in California is to ensure that individuals purchasing or acquiring firearms have a basic understanding of firearm safety laws and principles. To obtain an FSC, individuals must pass a written test demonstrating their knowledge of firearm safety and laws.
Can California residents legally import personal firearms when moving to the state?
Yes, California residents can legally import personal firearms when moving to the state, but certain requirements must be met. They must submit a New Resident Report of Firearm Ownership within 60 days of bringing the firearms into California and comply with state laws regarding firearm registration, assault weapon restrictions, and other applicable regulations.
It is advisable to consult with local law enforcement or an attorney to ensure compliance with all necessary procedures.
What happens if a new resident of California owns firearms illegal in the state?
If a new resident of California owns firearms that are illegal in the state, they are generally required to comply with California’s firearm laws. Possessing illegal firearms can result in serious consequences, including criminal charges, fines, and potential imprisonment. It is important for new residents to familiarize themselves with California’s firearm regulations and properly dispose of or modify any firearms that are prohibited in the state.
Who is prohibited from owning firearms in California based on criminal convictions?
In California, individuals with certain criminal convictions are prohibited from owning firearms. This includes individuals convicted of felonies, certain misdemeanors such as domestic violence offenses, and individuals subject to restraining orders. The specific list of prohibited offenses is outlined in state and federal laws and can vary depending on the circumstances.
What are the consequences of certain misdemeanor convictions on firearm ownership?
Certain misdemeanor convictions can have consequences on firearm ownership in California. Misdemeanor convictions related to domestic violence, assault, or drug offenses can result in a prohibition on owning firearms. Individuals convicted of these offenses may face restrictions on firearm possession, mandatory surrender of firearms, and potential loss of Second Amendment rights.
How long is the firearm possession ban for individuals taken into custody for mental health concerns?
The firearm possession ban for individuals taken into custody for mental health concerns in California can vary in duration. Generally, if someone is involuntarily committed to a mental health facility or deemed mentally incompetent, they may be subject to a firearm possession ban that can last for five years or longer.
At what age can a minor adjudged a ward of the court possess a firearm?
In California, a minor who has been adjudged a ward of the court is generally prohibited from possessing a firearm. There is no specific age at which a minor ward of the court can legally possess a firearm.
The possession of firearms by minors is highly regulated, and exceptions are limited to specific circumstances, such as participation in certain authorized activities like hunting under adult supervision.
What are the places in California where bringing a firearm is unlawful unless duly authorized?
In California, bringing a firearm is generally unlawful in certain places unless duly authorized. These places include government buildings, schools and college campuses, airports, public transportation facilities, polling places, and private properties with posted “no firearms” signs. It is important to familiarize oneself with specific laws and regulations to ensure compliance and avoid legal consequences.
What are some miscellaneous unlawful acts related to firearms in California?
In California, there are several miscellaneous unlawful acts related to firearms. These can include possessing a firearm with a removed or altered serial number, possessing firearms on school grounds without authorization, possessing large-capacity magazines, manufacturing or selling “ghost guns,” and negligently discharging a firearm. Violations of these laws can result in criminal charges and penalties.
FAQ’s
How strict are gun laws in California?
What are the new gun laws in California 2024?
Is gun crime high in California?
What is the penalty for having a gun in Maryland?
What is the most valuable tool for defense attorneys?
What are the rules for firearm purchases in California?
References:
https://www.robertmalovelaw.com/blog/federal-penalties-for-using-a-firearm-in-a-violent-crime.cfm
https://giffords.org/lawcenter/state-laws/licensing-in-california/