San Diego Weapons Crimes Lawyer

Firearm Charges in California

While most adults over the age of 21 are allowed to possess handguns, rifles and shotguns in California, the rules involving who can possess guns and what types of firearms are prohibited are notoriously complex. This is why it is always advisable to contact a San Diego criminal defense attorney if you have any questions about local firearms laws. For example, machine guns, assault weapons, armor-piercing bullets and large ammunition feeding devices are generally prohibited. However, some types of now-outlawed firearms and other weapons may be possessed if owned before the current laws were passed. Similarly, while it is legal to build your own gun, even with a 3D printer, 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 obtaining parental permission first.

Transporting a Firearm in California

It’s worth mentioning that while open carrying guns is always illegal in California, carrying a concealed weapon is also a crime unless you have a concealed carry permit. If you’re wondering how you’re supposed to transport guns without carrying them openly or concealed, then you probably won’t be surprised to learn that the process is a bit complicated and involves locking the unloaded weapon in a locked container or the trunk of your car.

Juvenile Possession of Guns

Perhaps some of the most confusing areas of the state’s guns restrictions are those dealing with minors. Those under 18 cannot possess a handgun or any other firearm that can be concealed on their person, unless they have their parent’s permission and the weapon is being used for certain sports, agricultural, theatrical or other such purposes. Possession of rifles and shotguns is legal for people of all ages, as long as the weapon cannot be concealed on their bodies.

Purchase of any type of gun or ammunition is prohibited for anyone under 18. Those under 21 can buy most rifles and shotguns (though not semi-automatic rifles), but cannot buy handguns from a firearms dealer. There are exceptions though for the legal sale of a handgun to those with valid hunting licenses or members of the armed forces. Similarly, parents and other immediate family members can legally sell or transfer handguns those over 18.

Because it’s easy to run afoul of these laws, it is often advisable to contact a San Diego firearm offenses attorney if you have any questions about gun possession, purchase or storage and minors.

Lost Second Amendment Rights

Additionally, some people may lose their right to carry firearms if they have a certain type of conviction on their criminal record. All felony convictions will result in this gun prohibition, but violent misdemeanor crimes, including gang crimes, domestic violence or hate crimes will also result in a firearms ban. If you’re in the military, this could essentially end your career in the service, even if you are not discharged, since service members frequently need to be able to handle firearms.

Anyone facing charges related to unlawful gun possession due to a criminal conviction should immediately contact a San Diego felon with a firearm attorney because it is very easy to accidentally say something that can harm your case when attempting to defend yourself against these accusations.

Temporary Firearm Bans

Family members, co-workers, teachers, school officials, employers or other concerned parties can also petition a judge to temporarily ban someone from owning a firearm under the state’s red flag laws if they believe that person may present a risk to themselves or others. A San Diego firearm offenses attorney may be able to help stop this process.

Finally, it’s worth adding that those who currently suffer from an addiction to narcotics cannot possess a gun, although they can regain possession of the weapon if they beat their addiction.