Firearms Offenses

The list of weapons that are not allowed to be possessed, manufactured, imported or sold in California are numerous and are all mentioned in the Penal Code. The list is as follows: “any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any flechette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag.”

There are some exceptions to these rules. For example, short barrel shotguns may be manufactured for use by a police agency. Nunchaku can be possessed at a licensed school for self defense. There is also room for the possession of antique weapons. The law has common sense protections; and a qualified attorney, who is knowledgeable in the field of criminal defense, can help one classify the exceptions for a client being charged for possession of firearms.

When a person has been previously convicted of murder or voluntary manslaughter, mayhem, rape, sodomy by force, oral copulation by force, lewd acts on a child under the age of 14, kidnapping, robbery, or almost any other felony, that person is guilty of a felony. Furthermore, if a person has a previous conviction and is found in possession of a firearm they will be facing an automatic six months in county jail as a condition of probation or of a suspended sentence.

A person who has been convicted of domestic violence or who has a restraining order against him or her may not possess any firearms. If a person does own fire arms, they must be sold or turned in to the authorities for a period of years. It is important for an individual who is accused of domestic violence or who is the potential subject of a restraining order to seek competent legal counsel to defend against such actions in order to avoid the frustrations of the repercussions of being subject to extra restrictions.

In Los Angeles one often hears of people discharging firearms from their vehicles. The legislature has reacted to the fear that this idea instilled in people and subsequently added additional stiff penalties for those who discharge a weapon from a vehicle in California. Any person who has the intent to inflict great bodily injury or death, and any person who does inflict great bodily injury or death by firing a weapon from a motor vehicle in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years.

If you have been arrested on charges related to firearms crimes, do not hesitate in seeking a free case evaluation from the Kavinoky Law Firm.