Some drugs cause paranoia, while dealing and purchasing certain drugs can be a dangerous venture. With these things in mind, it’s not too surprising that many people are arrested with drugs are also carrying weapons. Unfortunately, just carrying a gun and any amount of certain drugs is a crime in itself. Here’s what you should know about California’s possession with a controlled substance while armed law courtesy of Vista drug lawyer Peter M. Liss.
First, carrying drugs and a gun is only illegal depending on the drug in question. If you are carrying LSD, for example, this law doesn’t apply. The only drug this law does specify are cocaine, methamphetamine, heroin, PCP or a drug chemically similar to any of those substances (crack or bath salts for example). Secondly, the gun 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 cannot be guilty of this crime. Finally, “carrying a firearm” does not mean you actually have to have the gun on you, if it is nearby and accessible, you can still be charged with this crime. If you believe you do not meet the minimum requirements for this charge because you were not carrying one of the previously mentioned substances or because your firearm was nor loaded or operable, talk to your Vista drug attorney about your specific situation as he may be able to have the charges against you dropped.
Those convicted of this crime 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, but they may be able to obtain felony probation depending on the specifics of the case. A top Vista drug crime defense 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.
If you have been charged with carrying a firearm and a controlled substance, please call (760) 643-4050 to schedule a free initial consultation with expert Vista drug defense lawyer Peter M. Liss.
Creative Commons Image by ollie harridge