Penal Code 25859 PC, makes it a crime to carry a loaded firearm in either a public place, on a public street, or in a vehicle in California.
Penal Code section 25859 PC is considered a misdemeanor. Penalties for carrying a loaded firearm conviction include:
Yes, carrying a loaded firearm may be charged as a felony, should any of the following occur:
Penalities for a carrying a loaded firearm felony charges include:
A firearm is defined as, "any device designed to be used as a weapon and from which a bullet is discharged through a barrel by an explosion". Common examples of firearms include:
The law in California deems a loaded firearm if the firearm:
An defendant that has been convicted of felony possession of a loaded firearm is prohibited from acquiring or possessing a gun in California. In other words, an individual will lose their rights to own and possess a firearm.
Yes, in some instances, there are exemptions that make it legal to carry a loaded firearm. These exemptions include:
If you or someone you know has been charged with carrying a loaded firearm, contact our Los Angeles criminal defense attorneys at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
California statute Penal Code 29800 makes it a felony offense for a convicted felon, or wanted felon, to be in possession of a firearm. 29800 PC states that “Any person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country…or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.” Under this statute, any person convicted or wanted for a felony offense, may not possess a firearm, or they will be in violation of Penal Code 29800.This statute also applies to individuals addicted to narcotic drugs and those with previous firearm offenses.
A bump stock is a modification to a firearm that manipulates the stock, trigger and grip on a semi-automatic rifle, using recoil to manipulate the trigger to fire at an accelerated rate of speed when held.
Bump stocks legally define as a “multiburst trigger activator” and can be one of two things:
This device replaces the stock on the firearm with a “reciprocating stock” that stays planted against your shoulder and firmly holding the barrel, the recoil of the firearm moves the trigger back and forth against the weight of your finger, mimicking the automatic rate of fire. Bump stocks were the famous modification used during the Las Vegas strip shooting in 2017. Penal Code 32900 forbids the use of “multiburst trigger activators” in California. California can prosecute possession of any accessory that increases the rate of fire for semi-automatic rifles as a misdemeanor or felony. What happens if you get caught with a bump stock in California? Despite the fact that bump stocks are banned by California state law, there are still detections of such devices in the possession of citizens. It is important to understand how the law works in these situations. Also important to know the consequences of possessing a bump stock. It is not uncommon for law enforcement to find such devices during a search. Or during an inspection related to other violations. However, even if a bump stock is found accidentally, the charges can be extremely serious.
Penalties for a conviction under Penal Code 29800 may result in:
Defendants can argue against a charge for violation of this statute by proving momentary possession, justifiable possession and illegal search and seizure.
Expungement for a violation of California Penal Code 29800 can be provided given that the defendant completed the jail term and/or probation period. Expungement cannot apply to serious sex offenders or former inmates of a California State Prison.
A defendant can reclaim gun rights by reducing their felony charges to a misdemeanor. This can happen with a wobbler offense. A defendant can petition the court to reduce a felony wobbler to a misdemeanor.
Federal law prohibits the following people from owning a gun:
KAASS LAW can assist if you face charges under California Penal Code 29800 for possessing a firearm as a felon.
In addition to the basic criminal penalties, a conviction under PC 29800 can have other serious consequences. For example, a conviction for weapons possession can seriously affect:
This is especially true for non-residents of the United States - they may face deportation or denial of naturalization. It is also important to understand that a conviction under this article may be used as an aggravating factor in future offenses. This may result in harsher penalties for repeat arrests. Especially if the case involves violence or illegal weapons.
If you are facing charges under PC 29800, it is important to contact an attorney as soon as possible. He or she can evaluate:
For example, evidence may be excluded if the police searched without a warrant or probable cause. Another line of defense is lack of knowing possession of a gun. If the gun was in a shared residence but did not belong to the defendant, the defense attorney may be able to prove that the client did not intend to possess the gun. A strategy to reduce the charges is also possible. If the court finds that the crime falls into the wobbler category, the attorney can move to reclassify it as a misdemeanor. This opens the door to probation and subsequent expungement. The attorneys at KAASS LAW are highly experienced. They are prepared to defend your rights in court. Do not delay a consultation - timely action can change the outcome of the case.
There are many ways to fight against a Bump Stock charge. One defense is proving the defendant was in lawful possession of the bump stock. A defense could argue the defendant possessed the bump stock while taking it to law enforcement for disposal. Ignorance of possession or not being the owner of the bump stock also leaves room for charges to be dropped. One of the best defenses is through police misconduct. If law enforcement obtained the bump stock through illegal search, coerced confession, or planted evidence, the court may dismiss charges.
Bump Stocks do not convert semi-automatic rifles into automatic ones, although they allow a semi-automatic rifle to fire like an automatic one. Under federal law, Attorney General Mathew Whitaker signed a bill defining weapons with bump stocks as machine guns. You may however legally own a bump stock in California if:
If a person is charged with possession of a bump stock, the punishment will depend on the circumstances of the case. In some cases, the charge may qualify as a misdemeanor. This can result in a fine and up to one year in county jail. However, if there are aggravating circumstances such as:
the charge may escalate to a felony. In this case, the possible punishment ranges from 18 months to 3 years in prison. In addition, under federal law, possession of a bump stock can result in a penalty of up to 10 years in prison and a fine of up to $250,000. The penalties for selling or distributing such devices are particularly severe. However, there are several defenses. For example, if a person self-reported the device to the police or was unaware of its existence. The defense may be able to obtain a reduced sentence or dismissal of the charges altogether. A defense based on unlawful police action is also common. Such as:
You can contact KAASS LAW for advice and defense in bump stock cases.
For more information about bump stock laws and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney at KAASS LAW at (310) 943-1171. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.