Weapons Violations Attorneys in San Rafael, California

Gun laws in California can be complicated, which is why many people do not know when they are committing weapons violations. If you are being investigated for or were charged with a weapon charge, you could be facing severe, life-altering consequences.

Consult with an experienced weapons violations attorney as soon as possible to review the specific details of your case and devise a strong defense strategy. Attorney Josh S. Brownstein serves clients in San Rafael, California, as well as other parts of the state, including Novato, Petaluma, San Francisco, and Marin County.

Common Weapons Charges in California

Weapons violations are punished harshly in California. That is why facing criminal charges for a firearm violation on a state or federal level can have devastating consequences. Some of the common weapons charges in California include:

• Negligent discharge of a firearm

• Assault with a weapon

• Carrying a concealed firearm

• Having a concealed firearm in the vehicle

• Possessing an illegal firearm

• Selling illegal weapons

• Possession of a firearm as a felon

• Discharge of a firearm from a vehicle

In many cases, weapons charges are considered wobbler offenses, which can be charged as either a misdemeanor or felony in California, depending on the facts of each individual case. If you were charged with a weapons violation in California, having a dedicated and aggressive criminal defense lawyer on your side can mean the difference between a conviction and dismissed or reduced charges.

What Is Unlawful Carrying of Weapons?

The California Penal Code prohibits openly carrying firearms outside of your home or place of business, regardless of whether the weapon is loaded or not. In California, the only way to lawfully carry a weapon outside of your home or place of business is to obtain a concealed weapon carry permit, also known as a CCW. 

It is also illegal to carry a concealed firearm without a permit. The Penal Code prohibits individuals from carrying weapons concealed on their person and in the vehicle. Open carry of firearms may be legal in California depending on the following factors:

1. The type of the firearm

2. Whether the weapon is loaded or unloaded

3. The location where an individual is carrying the firearm

4. The county or city in which the individual is carrying the firearm

Under California law, a person might be able to obtain a license to openly carry a loaded handgun if they reside in a county where the population is less than 200,000 people. However, such licenses are valid only in the county where the license was obtained.

Unlawful Weapons

California law prohibits the possession, sale, and manufacture of certain types of weapons. The list of unlawful weapons in the state of California includes:

• Weapons with bullets that contain explosive components

• Air gauge knives

• Metal knuckles

• Cane swords

• Lipstick case knives

• Zip guns 

• Unconventional pistols

• Undetectable firearms

• Concealed daggers

Penalties for possessing, selling, or manufacturing prohibited weapons range widely depending on the weapon. If the charges against you involve weapons prohibited under California law, speak with an attorney immediately. The consequences of a conviction can be severe and may include lengthy jail sentences. Discuss your case with Attorney Josh S. Brownstein to explore your defense options and determine your best course of action.

Possible Penalties for Weapons Violations

Penalties for a firearm-related violation depend on several factors, including whether the offense is charged as a misdemeanor or felony, the defendant’s criminal history, and the facts of the alleged violation.

The weapons violation attorneys at Brownstein Law Group, P.C., are aware of the challenges you may face when being investigated for or charged with a firearm-related offense in California. In addition to serving time behind bars and paying fines, a conviction for a gun crime may affect your housing and job opportunities for the rest of your life.

Defenses to Weapons Violations in California

Depending on the circumstances, a person facing firearm-related charges may use one of the following defenses in an attempt to get the charges reduced or dismissed entirely:

• The weapon was found during an illegal search or seizure

• Law enforcement violated your constitutional rights during the arrest

• The weapon found on your person or in your vehicle was not, in fact, a weapon

• You did not know that the weapon was in your possession

• You have a valid permit for the weapon

There may be other defenses available depending on the facts of your case. Reach out to an attorney to evaluate your case and determine the best defense strategy for your unique situation. Attorney Josh S. Brownstein has a track record of success representing individuals accused of committing weapons violations in California.