Bay Area Gun Offense Lawyer
If you’ve been charged with a gun offense in the Bay Area, you could face serious consequences that could drastically change your life. A conviction can lead to jail time, a loss of your right to own a gun, and a criminal record that can follow you for the rest of your life.
Punishments for gun offenses vary depending on the situation, with some being charged as misdemeanors and others as felonies. It’s critical to have a Bay Area gun lawyer who has your best interests at heart, representing you in court.
These charges can be complex, so you need an experienced Bay Area gun charge lawyer on your side who can help you navigate the legal system and fight for the best possible outcome in your case.
WHY CHOOSE HUFF LEGAL?
As a former police officer and patrol supervisor and his time spent as a United States District Court Judicial Law Clerk to the Chief Judge, Attorney Huff knows how to navigate all levels of the complex criminal law system.
At Huff Legal, we have more than 55 years of combined experience dealing with various complex criminal legal matters and have helped just over 1,500 clients. These situations can oftentimes be challenging, which is why you need a team of experts on your side to get you the outcome you deserve!
When you work with Huff Legal, you can be confident we will do everything in our power to get the best results possible. Our team is results-driven and we are committed to achieving the best possible outcome for each and every one of our clients.
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Gun Charges You Could Face in The Bay Area
California has some of the nation’s most severe gun control and weapon laws. While only specific firearms are allowed to be carried by certain individuals, there are many restrictions. Assault-style weapons and high-capacity magazine firearms are not allowed, and an individual must have a clean background check when applying for license approval.
Gun charges in the Bay Area include:
- Unlawful ownership of an unregistered assault weapon
- Self-defense use of a firearm
- Use of a firearm in a restricted area (school, government building, etc.)
- Unlawful ownership of a grenade or grenade launcher
- False statements made to purchase a firearm
- Unlawful ownership of prohibited weapons (switchblade knives, brass knuckles, etc.)
- Unlawful ownership of a firearm without a permit
- Felon with a firearm
What Weapons are Prohibited in California?
Various weapons are prohibited in California, as stated in the Penal Code 16590. These include but are not limited to the following:
- An air gauge knife, as prohibited by Section 20310.
- A ballistic knife, as prohibited by Section 21110.
- A belt buckle knife, as prohibited by Section 20410.
- A cane gun, as prohibited by Section 24410.
- A cane sword, as prohibited by Section 20510.
- A concealed dirk or dagger, as prohibited by Section 21310.
- A large-capacity magazine, as prohibited by Section 32310.
- Metal knuckles, as prohibited by Section 21810.
- A metal military practice hand grenade or a metal replica hand grenade, as prohibited by Section 19200.
- A multi burst trigger activator, as prohibited by Section 32900.
- A short-barreled rifle or short-barreled shotgun, as prohibited by Section 33215.
- A shuriken, as prohibited by Section 22410.
- An unconventional pistol, as prohibited by Section 31500.
- An undetectable firearm, as prohibited by Section 24610.
Different Types of Gun Offenses and Penalties in The Bay Area
There are many different types of gun charges in California. At Huff Legal, our Bay Area Gun Charge Lawyers have experience with all types of gun charges and can help you navigate the complex legal system. Every type of gun charge comes with its own set of possible penalties, ranging from probation to years in prison. Here are just a few examples of the different gun charges you could be facing:
Penal Code Penal Code 25850 PC - Carrying a Loaded Firearm in Public
It is against the law to carry a loaded firearm in public or in your vehicle, according to Penal Code 25850. (other than carrying it in a locked container or a trunk). An unfired shell or cartridge is still attached to a loaded rifle.
Your ignorance of the loaded gun may be your sole defense against being charged under PC 25850. Keep in mind that carrying a loaded firearm is distinct from carrying a concealed firearm, which is penalized under PC 25400. If your gun is loaded and concealed, California’s prosecutors will charge you in accordance with both statutes. If you have a legal carry permit, the accusations against you can be dropped.
Penalties for Carrying a Loaded Firearm in Public
For carrying a loaded firearm in public, you may be charged with a misdemeanor or felony under Penal Code 25850(c). If you are found guilty of a misdemeanor, the maximum punishments are a $1,000 fine, a year in jail, or both. If either of the following conditions are met, your charge could be deemed a felony:
- You have a history of felony convictions.
- There is reason to believe that the pistol is stolen.
- You are a part of a criminal street gang.
- The weapon is not legitimately yours.
If convicted of a felony offense in California, you could face fines of up to $10,000 and/or serve up to 3 years in a county jail or state prison.
Penal Code 626.9 PC - Possession of a Gun on School Grounds
The Gun-Free School Zone Act, also known as Penal Code 626.9, makes it illegal to bring or carry a gun onto school property. If you were within 1,000 feet of the school, you will be charged with this crime.
Penalties for Bringing a Gun on School Grounds
PC 629.9(f) defines carrying a firearm near or within a school for kindergarten or grade 1–12 students as a criminal offense, subject to a two–five year prison sentence. If you acted carelessly with regard to the safety of others, the sentence could be between three and seven years in prison.
Penal Code 171c PC - Bringing a Loaded Firearm into a Government Building
According to Penal Code 171c, bringing a loaded gun into a public building is illegal. Any legislative office, the State Capitol, Assembly or Senate hearing rooms, the California State Capitol, and the Governor’s office are examples of government buildings.
Penalties for Penalties for Bringing a Gun into a Government Building a Gun on School Grounds
PC 171c violations can result in felony or misdemeanor charges being brought against you. The maximum fine for a misdemeanor offense is $1,000, and a county jail sentence of up to one year is also possible. A felony offense, on the other hand, can result in a county jail sentence of between 16 months and three years.
Penal Code 171.5 PC - Possessing a Weapon Within a Passenger Vessel Terminal or an Airport
According to Penal Code 171.5, it is illegal to knowingly carry a firearm, gun, or any ammunition into a “sterile” space, a passenger vessel terminal, or an airport. An airport’s designated “sterile area” is used for screening luggage and passengers.
If you do not have a legal permit to carry a weapon on these premises, you will be charged under PC 171.5. A peace officer properly designated to serve in the sterile area, passenger vessel terminal, or airport should expect to make an arrest.
Penalties for Carrying a Gun in an Airport, a Sterile Area or a Passenger Vessel Terminal
If you are found guilty under PC 171.5, you could serve up to six months in your local county jail and/or pay a fine of no more than $1,000.
Penal Code 417 PC - Brandishing a Gun in a Threatening or Rude Manner
The act of aggressively or impolitely waving a firearm or other weapon is prohibited by Penal Code 417. Even if you did not mean to hurt someone or acted in self-defense, you can still be charged by the prosecution for this crime. In this context, brandishing refers to the drawing, displaying, or rudely utilizing of a weapon. Depending on the crime scene, this offense may result in a misdemeanor or a felony punishment.
Penal Code 26100 PC - Drive-by Shooting
According to Penal Code 26100, the act of firing a gun from a moving vehicle is referred to as a drive-by shooting. Whether the car was stationary or moving when you committed the act, you will still be held accountable for your actions. Either of the following requirements must be met in order for you to receive a conviction for this violation under PC 26100:
- Knowingly enabling another person to enter a vehicle you are driving or that you possess a loaded pistol
- Knowingly and maliciously discharging a firearm in a moving vehicle at another person
- Enabling a gun to be fired in a vehicle you are driving or own
- Knowingly and maliciously firing a firearm while seated in a vehicle
For a misdemeanor PC 21600 violation, the owner or driver of the vehicle might spend up to six months in county jail or pay up to $1,000 in fines. A PC 21600 felony offense carries a fine of up to $10,000 and a 16-month to a 3-year state prison sentence.
Penal Code 245(a) PC - Assault with a Gun
Penal Code 245(a) makes using a gun to commit an assault against another person a crime. You can be charged with this even if you do not do any bodily harm to the person. If you commit this felony while carrying a semi-automatic handgun or a.50 BMG rifle, you could receive up to 12 years in state prison in California.
Schedule a Free Consultation With A Bay Area Gun Offense Lawyer Today!
A Bay Area gun lawyer could provide essential protection if you need legal assistance because you are facing charges for violating California’s gun laws. At Huff Legal, our attorneys represent clients in all firearm charges, ranging from illegal possession to violent criminal offenses. Call today to schedule a consultation and see what options may be available to you!
LET HUFF HELP YOU
As a former police officer and patrol supervisor and his time spent as a United States District Court Judicial Law Clerk to the Chief Judge, Attorney Huff knows how to navigate all levels of the complex criminal law system. We also have more than 55 years of combined experience dealing with various complex criminal legal matters and have helped just over 1,500 clients over the past few years.
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55+ Years of Combined Experience
At Huff Legal, we have more than 55 years of combined experience dealing with complex criminal legal matters, which can oftentimes be quite challenging. In order to get the outcome you deserve, you need a team of experienced attorneys on your side, who can help you navigate the legal system, so you can move past this situation and focus on the life ahead of you!
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