Firearm Laws and Firearm Offenses

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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 hand grenade or metal replica hand grenade, 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 allowance 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 classify the exceptions for a client being charged with 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 and has this on his or her record. 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 firearms, they must be sold or turned in to the authorities for a predetermined 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 and avoid the frustrations of being subject to extra restrictions.

In Los Angeles, one often hears of individuals discharging firearms from their vehicles. The legislature has reacted to the fear that these violent acts instilled in people, and subsequently added additional stiff penalties for those who discharge a weapon from a vehicle in the state of 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 state prison for 5, 6, or 10 years.

If you or someone you know has been arrested on charges related to firearms crimes, do not hesitate in seeking a free consultation and case evaluation from the experienced attorneys at The Kavinoky Law Firm.

Brianna Wilkins
Brianna Wilkins