The second amendment of the US Constitution gives us the right to bear arms. In other words, we have the right to possess weapons for our own defense. California has some of the strictest gun laws in the country, and as a result, our state’s firearm regulations are seen by many as an infringement on our right to bear arms. These laws may also result in the loss of the ability to own or carry weapons.

If you have been charged with a crime involving firearms, it is best to speak to a knowledgeable Anaheim gun lawyer immediately. Scott D. Henry and his criminal defense attorneys have decades of experience defending those facing weapons charges. We could fight tirelessly to ensure your rights, property, and liberty are protected.

Types of Gun Crimes

Weapons charges are taken seriously in this area, especially in light of serious gun-related crimes in recent years. Firearm offenses are prosecuted aggressively by the District Attorney, and convictions carry harsh penalties. Common gun or firearm offenses include:

  • Assault with a deadly weapon
  • Brandishing a weapon
  • Openly carrying an unloaded weapon
  • Shooting at a dwelling, vehicle, or aircraft
  • Carrying a concealed firearm
  • Felon with a firearm
  • Unlicensed sale of a firearm

Penalties for Firearm-Related Crimes in Anaheim

Penalties for weapons crimes vary considerably. They ultimately depend on your case’s specifics, including the type of weapon involved, how you obtained the gun, if it was involved in a violent crime, and if you have a previous criminal record.

California Penal Code 25400 PC makes it unlawful to carry a concealed weapon without a permit. Carrying a concealed weapon is one of the most common firearm charges. It is difficult to obtain a permit for carrying a concealed weapon because there are numerous requirements to be eligible. As a result, some people avoid the process and carry their weapon unlawfully. If you are convicted of a misdemeanor carrying a concealed weapon charge, the penalties include a maximum of one year in jail and up to $1,000 in fines.

CCW penalties may be increased if you are a gang member, you were in possession of a stolen firearm, you illegally possessed the firearm, or if you have a felony conviction on your record. For a felony carrying a concealed weapon conviction, the penalties may include a maximum of three years in jail and up to $10,000 in fines. One of our experienced lawyers in Anaheim could help someone minimize the potential penalties they are facing for their alleged gun crime.

Gun Rights After a Conviction

If you are convicted of a felony in this state, there is a lifetime ban on gun possession. There is also a lifetime ban on gun possession if you are convicted of assault with a firearm or have been convicted twice of brandishing a weapon. There are approximately 40 misdemeanor convictions that carry a 10-year ban on possessing a firearm. Some of these include:

  • Assault
  • Battery
  • Making criminal threats
  • Brandishing a weapon

Defenses for Gun Charges

If you face charges involving a firearm, it is essential to have a skilled gun defense attorney in Anaheim who has extensive knowledge of the state’s strict weapons laws and how to defend those facing charges effectively. Every weapons crime is unique, but there are several defenses Scott D. Henry and his team may pursue. Some of these strategies may include:

  • The possession of the firearm was legal
  • You carried the firearm in self-defense
  • You were unaware you were carrying a firearm
  • The firearm was discovered as a result of an illegal search by law enforcement
  • There were false statements on the police report
  • The firearm was planted by law enforcement

A gun charge defense strategy must be case-specific and effective. Our skilled legal team could conduct an in-depth review of the police report and perform our own thorough investigation of the alleged offense to determine the most appropriate and aggressive defense strategy for your case.

Speak with an Experienced Anaheim Gun Attorney

If you face gun-related charges, you may feel overwhelmed and scared. You are unsure what the outcome will be and what to do next. We understand how challenging this time is for you and could guide you through the process while aggressively defending your rights. Contact us today for a free consultation. We could go over your case’s specifics, explain your rights and legal options, and advise you on how to best move forward with your case.

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