In the United States, we are all afforded the right to keep and bear arms. Still, many states, including California, have considerable gun legislation that places limits on these gun rights. As a result, some firearm laws can be confusing, and some individuals may violate these regulations without being aware of it.

If you have been charged with a weapons-related offense, we urge you to contact our Westminster gun lawyers at The Law Office of Scott D. Henry. Our defense attorneys firmly believe in our 2nd Amendment rights and could fight aggressively to protect your rights and freedom.

Types of Weapons Violations

In our country, gun rights are a widely debated subject, especially after several mass shootings in recent years. Law enforcement strictly enforces the state’s gun laws and diligently pursues those who violate them. Some common weapons violations include carrying a concealed weapon, owning an assault rifle, the unlicensed sale of a firearm, the possession of a firearm by a felon, and brandishing a weapon. 

Brandishing a Weapon

California Penal Code 417 PC makes it unlawful to draw or exhibit a deadly weapon in a threatening manner while in the presence of another individual. A deadly weapon is not just a firearm. It can be any item that has the potential to inflict great bodily harm. To be convicted of this offense, the prosecution must prove:

  • You were in possession of a deadly weapon
  • You drew or exhibited the weapon in front of another person and did so in a threatening manner
  • You unlawfully used a deadly weapon in a fight or argument
  • You had no legal reason to do so

Penalties for Gun-Related Crimes in Westminster

Depending on the nature of the alleged offense, gun crimes can be charged as either a misdemeanor or a felony. Factors that affect how the offense is charged include the type of weapon used, whether it was involved in a violent crime, how the gun was acquired, and if the defendant has a previous criminal record. Misdemeanor gun convictions are punishable by up to one year in jail and a fine of up to $1,000. Felony gun possession carries a penalty of up to three years in jail and fines of up to $10,000. Convictions for other felony firearm-related crimes have severe penalties that are dependent upon the circumstances and seriousness of the crime. A lawyer in Westminster could help someone minimize or avoid the potential penalties they are facing for a gun crime.

Defenses for Firearm Violations

Because the penalties for gun crimes can be so severe, it is essential for your Westminster attorney to defend you aggressively. Several arguments may prove to be effective in your defense. Solid defenses include but are not limited to:

  • The weapon was found as a result of an illegal search and seizure.
  • You carried the weapon in self-defense or the defense of others.
  • Police or another individual planted the weapon.
  • You were not aware you were in possession of the weapon.
  • The police report contained false statements or errors.

Speak with one of our Westminster Gun Attorneys Today

Being charged with a deadly weapons crime can be a frightening situation. Our leading Westminster gun crime lawyers at the Law Offices of Scott D. Henry understand that these charges can be the result of an innocent mistake or misunderstanding. We have decades of experience handling cases involving weapons charges and could advocate aggressively on your behalf to resolve the matter favorably. Contact our office today for a free case analysis. We are dedicated to providing you with a superior defense while guiding you through this challenging process.

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