FireArms
PENAL CODE 25400 PC – CARRYING A CONCEALED WEAPON – CALIFORNIA LAW
California Penal Code 29800 PC states that if a person has been convicted of a felony crime or has an outstanding warrant for one, they cannot legally own a gun. Those convicted of certain misdemeanors, including domestic violence and assault with a firearm, are not legally allowed to possess a firearm for at least a decade.
You are prohibited from owning a weapon for at least ten years if you are found guilty of any crime on this extensive list. If any of the following misdemeanor charges are committed, the Criminal Code, 25400 PC, is violated:
- stealing a weapon
- selling weapons
- driving a car while allowing a passenger to fire a gun
- possessing a lethal weapon with the purpose of assaulting someone
- shooting a weapon at a vacant car or residence
- assault using a taser or stun weapon.
Possession:
According to California law, “possession” is defined as having control over a thing.
Two categories of possession exist:
- Actual possession
- Constructive possession
However, both actual possession and constructive possession are acceptable under the law. The term “actual possession” refers to having actual, physical control over a firearm. For instance, you can carry it with you or store it in a backpack. You must have the right to own a weapon or the authority to seize it in order to be in “constructive possession.” A case in point is concealing a weapon in a dresser or garage.
Meaning of the word “knowingly”
When someone knows their actions are of a certain character or that a certain context is present as defined by a law that defines an infraction, they are said to behave “knowingly.” When a person is aware that the outcome of their actions is almost certain to occur, they are said to be acting “knowingly” with regard to that outcome.
In a case of weapons possession by a previous offender (POWPO), the “knowingly” rule applies to the possession part of the charge, not the fact that the person has been convicted of a felony in the past.
Only having the weapon is insufficient. The government must prove that you were aware of having the gun and that you knew it was a weapon.
Firearm
This law says that something is a “firearm” if it meets the following requirements:
It’s an explosive device built for use as a weapon; a projectile is fired through the barrel and is released either violently or explosively. Sometimes the term “guns” is used to refer to “firearms.” Gun examples include:
- Tasers
- Revolvers
- short-barreled shotguns
- short-barreled rifles
- pistols
- Revolvers are all acceptable weapons.
Under these restrictions, air guns and Nerf guns are not considered to be firearms.
California Penal Code 29800 PC
Possession is defined in many ways in California Penal Code 29800 PC. To establish a conviction for a felon having a weapon in their possession, the prosecutor must establish the three elements of the crime listed below:
- Having firearm
- Acquisition of firearms
- Possession of a firearm
- Custody or under control
- Aware of the presence of firearms
In other words, a person who has been convicted of a crime and is found to have a gun may still be charged with illegally possessing a gun if they did not buy it. Furthermore, it makes no difference whether the firearm is loaded or not; even having an unloaded gun or rifle is against the law. Actual Possession: If a firearm is on you, such as in a handbag or the waistband of your trousers, and you have easy access to it, then you are in actual possession of that firearm.
What legal strategies might a criminal defense lawyer employ?
If you are a resident of California and have been found guilty of several minor offenses, you are not permitted to possess a handgun under California Penal Code 29800 PC. A police officer stops you while you are crossing the street and informs you that they have reason to believe they can search you. You are taken into custody for illegally possessing a firearm after they search you and discover an unloaded gun in your belt.
Was the gun that was discovered on you lawfully carried?
Think about a situation in which the police officer holding you did not have a warrant, reasonable suspicion, or probable cause to search you. In that situation, your criminal defense lawyer can contend that the discovery of the gun was the result of an unauthoritative search and seizure, a breach of your rights under the Fourth Amendment.
Since you were bringing the gun to the police, you were in “justifiable possession” of it. Let’s say you managed to get the weapon away from the person who was attempting to harm you. A criminal defense lawyer can contend that since you were on your way to the authorities to surrender the pistol and solely held onto it for that purpose, you had lawful custody of the weapon.
People prohibited from possessing firearms
- Felons with firearms
- Addicted to narcotics with firearms
Legal defenses:
If you are accused of being an illegal felon in possession of a firearm, you may be able to use one of the numerous legal defenses.
Three typical defenses are to demonstrate that:
- You used to have a firearm because you acquired it from an individual to commit a crime.
- You had it for a brief period of time in order to get rid of it.
- Your firearm was discovered by the authorities as a result of an illegal seizure and search.
Temporary ownership
This defense acknowledges the presence of a firearm. Nonetheless, it states that you only possessed it for a short period before getting rid of it.
In order to successfully use the defense, you must show that the firearm you are having in your possession just briefly or transitorily, you intend to dispose of and that you have no intention of preventing law enforcement from taking it. But a valid search warrant is required before police can search you or seize your possessions. Or, if there is no warrant, the investigation must meet one of the warrant exceptions. You may file a motion with the court if authorities obtained a firearm through an illegal search or seizure.
Justified ownership
Once more, this defense acknowledges that you owned a gun. Nonetheless, you claim that you had a good purpose for having it. The explanation is that you stole it from someone who had committed a crime.
To successfully use the defense, you must show the following:
You gave advance notice of your intention of giving the gun to the authorities, you removed the firearm from someone who was engaged in an offense against you, and you only had it for as long as it was necessary to give it to the authorities.
Unlawful searches and seizures
Police frequently file charges for this offense after searching a person or seizing property and discovering a gun. But, a valid search warrant is required before police can search you or seize your possessions. Either way, if there is no cause, the investigation must fall under one of the warrant exceptions. You may submit an application to suppress evidence if authorities obtained a firearm through an unauthorized search or seizure. If approved, the matter will almost certainly be dismissed.
Are there any restrictions on gun ownership under federal law?
There are restrictions on who is allowed to own a gun under federal law. Some examples are:
There are illegal felons, who have surrendered their US citizenship, are the subject of a court order for a felony, including stalking, have been dishonorably dismissed from the military, are under prosecution for a felony carrying a sentence of more than a year in prison, and are wanted by the law.
Punishment for these felons:
A felon in possession of a firearm is related to four offenses, which are:
- Gang punishment enhancements (PC 186.22)
- The 10-20-life law (PC 12022.53)
- The possession of a handgun following a conviction for certain offenses (PC 29805)
- The unlawful possession of ammunition (PC 30305(a)) is all about laws that affect sentences.