Although the U.S. Constitution affords us the right to keep and bear arms, several state and federal statutes regulate the possession of a firearm. State gun control laws govern who can own or possess a firearm and which weapons are legal or illegal.

If you have been charged with a weapons-related offense, consult immediately with a Rancho Cucamonga gun lawyer. Our seasoned criminal defense attorneys at the Law Offices of Scott D. Henry have successfully defended weapons cases for over four decades. Our in-depth knowledge of state gun legislation allows us to defend our clients against these charges effectively. We are committed to providing you with a superior defense strategy while protecting your fourth amendment rights.

Types of Gun Charges

Gun crimes include a variety of offenses and may compound with other crimes as well. Some of the more common gun-related offenses include:

  • Brandishing a firearm
  • Carrying a concealed weapon
  • Possession of a loaded firearm
  • Felon with a firearm
  • Unlicensed sale of a firearm
  • Illegal ammunition and accessories
  • Assault with a firearm
  • Negligent discharge of a firearm

A Rancho Cucamonga lawyer could help someone who is facing any one of these gun offenses prepare for the legal process.

Possession of a Loaded Firearm

Although the 2nd Amendment gives citizens the right to bear arms, state law places a number of limitations on who can purchase and possess guns and ammunition. California Penal Code 25850 PC makes it unlawful to carry a loaded firearm on their person or in a vehicle in any public place. Possession of a loaded firearm can be charged as a misdemeanor or felony. Penalties for a misdemeanor conviction include a sentence of up to one year in jail and a maximum fine of $1,000. Felony convictions can result in a sentence of up to three years in jail.

Defenses to Firearm Offenses in Rancho Cucamonga

Gun crime convictions carry harsh penalties, so it is essential to retain an attorney in Rancho Cucamonga who has experience in defending weapons-related cases. Scott D. Henry and his legal team could thoroughly investigate the alleged incident to determine the most appropriate, case-specific argument. Some commonly effective firearm crime defenses include:

  • Carrying the firearm in self-defense or the defense of others.
  • Being unaware of carrying a firearm.
  • The possession of the firearm was legal.
  • The firearm was discovered during an illegal search and seizure by law enforcement.
  • The firearm was planted by another individual or law enforcement.
  • False statements were made on the police report.

Criminal Convictions and Gun Rights

A criminal conviction greatly affects your right to own and possess firearms. If you are convicted of a felony in California, you may receive a sentence that includes a life-long ban on owning firearms. If you are convicted of an assault with a firearm charge or convicted twice for brandishing a weapon, you may also receive a life-long ban on gun possession.

Certain misdemeanor convictions also carry a ban on gun possession. There are currently approximately 40 misdemeanor charges that come with a 10-year gun possession ban, including assault, battery, brandishing a weapon, willfully violating a restraining order, and making criminal threats.

Speak with a Rancho Cucamonga Gun Attorney

If you have been charged with a weapons-related offense, put a knowledgeable Rancho Cucamonga gun lawyer to work for you. At the Law Offices of Scott D. Henry, we are committed to fighting tirelessly to defend you against these serious charges. Our seasoned attorneys know precisely how these cases are handled locally and could offer not only a superior defense but guidance and support throughout the entire process as well. Contact our office today for a free case analysis and let us begin advocating aggressively on your behalf.

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