What firearm is considered to be lawful and who is allowed to possess, carry and use it? California Law exactly gives the answers to these questions. The wide and complicated network of laws regulates the use of firearm in California including laws that increase the penalties for certain crimes if the aim of using it is to commit a crime. Certain firearms, such as automatic weapons, are prohibited in California for private citizens. Certain people are not allowed to have an otherwise legal firearm.
· convicted felons,
· people on probation,
· convicted of certain serious crimes,
· mental patients and people who are subject to a restraining or protective order.
According to California Law (Penal Code Section 25400) a person has “lawful possession of the firearm” when he or she has possession or custody of the firearm either lawfully owns the firearm or has the permission of the lawful owner or a person who otherwise has apparent authority to possess or have custody of the firearm. Taking a firearm without the permission of the lawful owner does not have lawful possession of the firearm.
Continue reading and you will be fully informed about the main elements of the California Firearm Possession without a Permit.
1. Common Firearm Charges
2. Is It Allowed to Own or Possess a Firearm without a Permit in California?
3. Criminal Elements of the Crime
4. How to Get Firearm Possession Permit in California?
5. Application Procedure for CCW(California Concealed Weapon)
6. Related Articles
Also we are ready to provide answers to your initial questions concerning firearm charges in California for free.
1. Common Firearm Charges
Some common charges concerning firearms include:
Brandishing a Weapon (Penal Code 417): drawing a firearm or other weapon, and waving it in a threatening or rude manner. The punishment is as minimum of 30 days in jail and more if:
· the firearm is brandished in public,
· the firearm is concealable,
· the brandishing took place in front of a police officer.
Possession of firearms (Penal Code 12280-12282 PC) includes firearms that are illegal in California, or firearms that are legal but that you do not have permission to own. Many laws fall under this description, and carry felony or misdemeanor penalties.
Carrying a concealed weapon (Penal Code 12025 PC), this can be a crime of felony. Local law enforcement agencies are allowed to issue concealed weapons permits to people who qualify and have completed safety training. Not having such a permit, but carrying a loaded, concealed weapon in public is a serious felony.
2. Is It Allowed to Own or Possess a Firearm without a Permit?
Lawful possession a firearm is when a person lawfully owns the firearm or has the permission of the lawful owner.
Unlawful possession of a firearm is when a person takes it without the permission of the lawful owner or conservator of the firearm.
3. What Must the Prosecutor Prove in Order to Charge with the Crime?
The prosecution has to prove that the possession of the firearm by the defendant was unlawful. In particular, the defendant has to fulfil one of the following actions in order to be found guilty:
a) carrying a concealed firearm (on (his/her) person/within a vehicle;
b) causing a firearm to be carried concealed within a vehicle;
c) carrying a loaded firearm.
The People have the burden of proving the allegation beyond a reasonable doubt. If the People have not met this burden, you must find this allegation has not been proved.
4. What Do I Need to Do in Order to Obtain a Firearm Possession Permit?
Carrying firearm in public in California is a crime no matter is it loaded or an unloaded, concealed or openly carried. It is against the law even if you have permit.
But permit to carry “a concealed pistol, revolver, or other firearm” may be issued if:
· you are of good moral character;
· you or a member of your family is in immediate danger;
· you meet certain residency requirements;
· you have completed an acceptable course of firearms training.
The sheriff of a county (according to Penal Code 26150 PC) or the chief or other head of a municipal police department (according to Penal Code 26155 PC) have right to issue permit to carry a firearm in public.
From January 1, 2012 Penal Code 26150 and 26155 (former California Penal Code 12050) well known as California’s law against “carrying a concealed weapon”( “CCW”) don’t actually license the carrying of concealed firearms, but issue permits to carry firearms “capable of being concealed on the person.”
However, this law is still often referred to as the right to carry a “concealed firearm” or “concealed weapon.”
People prohibited from obtaining a CCW permit
To be prohibited from possessing, owning, purchasing, or receiving firearms in California means to be prohibited from obtaining firearm carry permits too.
To appear in this list a person must:
· be convicted of a felony or certain types of misdemeanors under California Penal Code 29800 PC, California’s “felon with a firearm” law,
· be addicted to narcotics,
· lose his or her gun rights due to a domestic violence conviction,
· be diagnosed as mentally ill.
CCW does not it normally protect you under Penal Code 417 PC California’s law against brandishing a weapon. Penal Code 417 makes it a crime to withdraw, exhibit, or use a gun in a threatening or angry manner.
5. What is the Application Process in Order to Obtain a Permit to Carry a Firearm?
For obtaining a California permit to carry a firearm you must pass three stages of application:
1. The paper application. The local county sheriff or the chief or head of the local municipal police department requires submitting a uniform application to carry a firearm in California. Fees for the initial application or the renewal application may vary from $100 to $200.
2. The interview process. Your need for the license, your criminal history, the consequences of publicly carrying a firearm will be discussed. Also your fingerprints will be taken; even some agencies may require a second interview.
3. The psychological evaluation. If conducted in your area, you will be required to pass psychological testing. Your fee for this evaluation will not exceed $150.
6. Related Articles
Gang-Related Firearm Enhancement
Possession of a Firearm without a Permit
Felony Assault with a Deadly Weapon
Possession of Firearm by Person Prohibited Due to Conviction – No Stipulation to Conviction
California’s Law against the Unlicensed Sale of Firearms
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. If you have faced accusations of possession of a firearm without a permit in California, it is essential to contact an experienced California defense attorney who is will provide legal assistance. We handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.
You may file your request online, by telephone or by mail. 818-553-1000