Vista and San Diego Weapons Crimes Lawyer

Illegal Weapons in California

State law prohibits many weapons outright, while others are lawful, depending on the circumstances, such as how they are carried. Examples of weapons restricted under state law:

• Prohibited guns, such as a sawed-off shotgun
• Billy clubs
• Telescoping rods
• Brass knuckles
• Nunchucks
• Throwing stars
• Concealed knives
• Spring-loaded knives, such as switchblades
• Pepper spray canisters larger than 2.5 ounces

Weapons-Free Zones and Restricted Locations

“Even a weapon that is ordinarily legal, such as a stun gun, may be subject to additional restrictions in certain areas, including schools, government buildings, and airports,” warns attorney Peter Liss. “For example, with rare exceptions, it is illegal to carry a gun on school campuses.”

Because California weapons laws can vary depending on the weapon and location, it is important to understand the restrictions that apply before carrying or possessing a particular weapon in San Diego County. If you have any questions about whether or not you can possess a specific weapon at all or in a particular location, speak with a weapons crimes lawyer before you risk breaking the law.

Firearm Offenses in California

California rules involving who can have guns and what types of firearms are prohibited are notoriously complex. For example, while it is illegal to purchase new machine guns, assault weapons, armor-piercing bullets, and large-capacity magazines, there are exceptions if the owner had these items before the passage of the current laws. Similarly, while it is legal to build your own gun, you must obtain a serial number and apply it to the weapon within 10 days.

Regardless of the type, everyone who owns guns must safely store them where a minor cannot access the weapon without parental permission. It is similarly illegal to carry a gun on a school campus.

Open and Concealed Carry Laws

California imposes strict restrictions on carrying firearms in public. Overall, carrying an exposed, unloaded handgun or any loaded firearm is illegal in public spaces. Exemptions apply to peace officers, individuals actively engaged in hunting activities, and in a handful of other situations.

Carrying a concealed firearm without a permit to carry a concealed weapon is generally illegal in California. To obtain a CCW license, you must be at least 21 years old, pass a background check, and complete a firearm safety course.¹

Transporting a Firearm in California

California law imposes specific requirements on transporting firearms in a vehicle. To transport a handgun, it must be unloaded and stored in a locked container or the trunk —unless you have a CCW license.² Handguns cannot be stored in a glove compartment, even if it has been locked.

Rifles and shotguns do not need to be stored in a locked container or the trunk, but must be unloaded during transport.

Juvenile Possession of Guns

Juveniles under 18 cannot purchase any type of firearm or ammunition. They may possess rifles and shotguns, but cannot possess a handgun or any other firearm that can be easily concealed on their person unless they have their parent’s permission and are using it for sports, agricultural, theatrical, or similar purposes.

While individuals under 21 may purchase rifles and shotguns (though not semi-automatic rifles), California restricts their purchase and transfer of handguns and semi-automatic rifles. There are some specific situations where they can purchase these items, but because these cases can be complex, it is advisable to consult with an attorney rather than risk breaking the law.

Other Firearm and Other Weapons Charges

California law also creates separate offenses involving the discharge of firearms and possession of weapons in particular circumstances.

• Negligent discharge of a firearm
• Unregistered firearm Possession
• Shooting at a dwelling or vehicle
• Weapon possession in prison

Loss of Firearm Rights

Certain criminal convictions and other situations may result in someone losing their right to possess firearms under state and federal law. All felony convictions will result in a lifetime gun prohibition.³ Misdemeanor domestic violence convictions also result in lifetime firearm bans, while misdemeanor hate crimes result in a 10-year ban. “If you’re in the military, this could essentially end your career in the service even if you are not discharged,” warns Liss, “since service members frequently need to be able to handle firearms.”

Anyone facing unlawful gun possession charges due to a criminal conviction should immediately contact a San Diego felon with a firearm attorney. Try not to say anything to the police without your lawyer present, because it’s easy to accidentally say something that can harm your case when attempting to defend yourself against these accusations.

Temporary Firearm Bans and Red Flag Laws

California’s red flag laws allow certain individuals to request a court to issue an order temporarily prohibiting someone from possessing firearms when there are allegations that the person poses a risk to themselves or others. A San Diego firearm attorney may be able to help stop this process.

A Note on California Gun Laws

“The U.S. Supreme Court applies a historical standard of whether certain types of guns are legal and on classifications of people who should be barred from possessing guns,” explains Liss. “The 2022 Supreme Court Decision in New York State Rifle & Pistol Association, Inc. v. Bruen has limited many state gun laws, so this is a frequently evolving area of law.” As a result, some of California’s strict gun possession laws are vulnerable and may eventually be struck down as unconstitutional.  

Penalties for Weapons Crimes in California

Depending on the circumstances and the specific offense, penalties for weapons charges may include jail, prison, fines, probation, and future restrictions on weapons possession.

Weapon Enhancements and Additional Penalties

Using a weapon while committing a crime often results in enhanced penalties in California. For example, while simple assault charges are ordinarily punishable by up to six months in jail, assault with a deadly weapon charges can carry a sentence of up to four years in prison and add a strike to your record under California’s three strikes rule.

It is also a crime to carry a gun while possessing certain drugs, including cocaine, heroin, PCP, meth, and similar drugs. Doing so is a felony that could subject you to up to four years in prison.

California’s 10-20-Life Firearm Enhancement

Under California’s 10-20-Life rule, carrying a gun while committing certain violent and sex crimes can add 10 years to your sentence. If you fired the gun, 20 years can be tacked on, and if someone was seriously injured or killed, you could face a life sentence.

Defenses to Weapons Charges

“The right defense for your specific weapons charge depends on the weapon, the circumstances of the case, and the evidence against you,” advises Liss. Because weapons charges are so complex, do not speak to the police without your Vista weapons attorney present, or you may accidentally say something that could hurt your case. Depending on the situation, defenses may include:

• Lack of knowledge of the possession
• Unlawful police search and seizure
• Authorized collectible or historical weapons
• Lawful possession for specific qualifying professions
• Valid concealed firearm permit

Call a Weapons Crimes Lawyer Today

If you have been accused of a gun crime, possession of a prohibited weapon charge, or other weapons law violation in San Diego County, call Vista defense attorney Peter M. Liss to begin building your case. Depending on your circumstances, he can help you by:

• Working to secure your bail
• Seeking dismissal, reduction, or other favorable resolution
• Presenting evidence to support your defense
• Filing motions on your behalf
• Negotiating a plea bargain to minimize your charges or sentence
• Fighting the charges in court

Please call (760) 643-4050 to schedule a free consultation.