Last Updated on December 2, 2024
Some drugs cause paranoia, and dealing and purchasing drugs can sometimes be dangerous. With these things in mind, it’s not surprising that many people who are arrested with drugs also carry weapons. Unfortunately, just carrying a gun and any amount of certain drugs is a criminal act in itself. Here’s what you should know about California’s possession of a controlled substance while armed law, California Health and Safety Code 11370.1 (HS).
Possession of a Controlled Substance While Armed
To be convicted of being in possession of a firearm while in possession of a controlled substance, the prosecution must prove the following:
- First, possessing drugs and a firearm is only illegal depending on the drug in question. If you are armed while carrying LSD, for example, this law doesn’t apply. The only controlled substances 11370.1 (HS) does specify in section (a) are cocaine, methamphetamine, heroin, PCP, fentanyl, or a drug chemically similar to any of those substances (crack or bath salts, for example).
- Secondly, the drugs must belong to you, and you must have known they were there. If they belonged to a roommate or you forgot that they were in the area after you had a party, you can use this information as a defense.
- Third, there must be a substantial quantity of drugs to be used to get high. If there’s a smear of cocaine left on a mirror near you, for example, this isn’t enough for a conviction.
- Fourth, the firearm has to be loaded and operable —so if you have removed all the ammo, stored the gun in a locked case, or have a display gun with the firing pin filed down, you did not break this law.
- Fifth, the firearm was nearby and accessible. This aspect of the law does not necessarily mean you are holding the gun or carrying it on your body, but simply that it is somewhere close enough for you to easily pick it up and use it. This detail is often debated by the prosecution and the defense attorney because what is considered “nearby and accessible” is debatable.
If you believe you do not meet the minimum requirements to be guilty of this law because you were not carrying one of the previously mentioned substances or because you were not technically armed because your firearm was not loaded, operable, nearby, or accessible, talk to your attorney about your specific situation as he may be able to have the charges against you dropped.
Penalties for Possession of a Firearm With Drugs
Those convicted of possessing a controlled substance while armed will face between two and four years in prison, a fine of up to $10,000, and a lifetime ban on firearm ownership and possession. Those convicted of this crime cannot qualify for alternative sentencing through California’s drug diversion program. Still, those found guilty may be able to obtain felony probation, depending on the case’s specifics.
Aside from these penalties, those accused of this crime are frequently charged with other offenses, such as possessing an unregistered firearm, drug possession, drug sales, drug manufacturing, driving under the influence, or gang crimes. It is common for those convicted of possessing a controlled substance while carrying a firearm to face lengthy prison sentences for their crimes, so speak to a lawyer as soon as possible.
Fighting the Charges
A top criminal attorney can advise you whether your best course of action will be to fight the charges or to negotiate a plea bargain to minimize your possible sentencing. That being said, always contact your lawyer before you agree to speak with the police or you may say something that can hurt your case later on or even provide information that could lead to your facing additional criminal charges if they believe you are guilty of other crimes.
If you have been charged with carrying a firearm and a controlled substance, please call (760) 643-4050 to schedule a free consultation with Peter M. Liss.
