Weapons Attorney in Los Angeles

The legal effect of the possession and use of guns and other weapons is quite broad. And the laws that govern weapons are numerous and often confusing. For example, there are specific laws concerning who may and may not possess certain weapons. Other laws deal with the effect that the possession of a weapon may have on various crimes. In addition, there are activities that are perfectly legal, but if you possess a weapon, that same activity can be charged as a criminal offense. Finally, there are laws which make it illegal for certain people to own and/or possess a gun.

If you have been charged with an offense involving a weapon, you need an attorney who is familiar with the myriad of laws governing their possession and use. Christopher Bou Saeed has experience defending weapons-related charges. Call him at CBS Law for a free consultation regarding your case.

“Using the cops’ own video, Chris proved they lied and got the case kicked!” – Devon L.

Illegal Possessors

If you thought that there were only one or two reasons that would prohibit a person from being able legally to own or possess a firearm, you would be surprised to learn how many restrictions there actually are. Prohibited possessors include:

• Anyone with a felony conviction or who is under indictment for a felony.
• Those with a misdemeanor conviction for any one of a number of offenses, including intimidation or threats against a witness, a victim, or a public employee, among other misdemeanors.
• A person who has had a protective order or a restraining order issued against that person under the California Family Code.
• Someone who has been the subject of a conservatorship due to mental issues or alcoholism, or who has been determined to be a threat to others pursuant to the Welfare and Institutions Code.
• Illegal aliens.
• A person dishonorably discharged from the armed forces.
• Anyone addicted to narcotics.

Note that this is not a complete list, just some examples of prohibited possessors of firearms.

How are Criminal Charges Affected by Possession or Use of a Weapon?

In addition to specific weapons offenses under the Penal Code, possession and/or use of a weapon can have the effect of increasing both the classification of and the potential sentence if you are convicted of various crimes. In addition, there are certain legal activities that become illegal when you add a gun to the mix. The following are several examples:

• Simple assault is a misdemeanor and carries a maximum jail term of 6 months and a $1,000 fine. Assault with a deadly weapon (other than a gun) is generally a wobbler, chargeable as a misdemeanor or a felony, with a maximum sentence of 4 years. If the weapon is a firearm, the law mandates a minimum sentence of 6 months in jail. Using a semiautomatic gun will increase the maximum term of incarceration to 9 years. And for a machine gun or an assault rifle, the charge will be a felony, with a maximum term of 12 years. Note that a deadly weapon can include any object capable of producing serious bodily injury, not just firearms.
• Felonies and Weapons Possession. A felony conviction where you or another person participating in the crime is armed with a firearm will add a year to your sentence if you are convicted. For some serious felonies (murder, carjacking, and rape, among others), if you use a weapon, it will lead to a 10-year enhancement of your sentence, and 20 years if you discharge the weapon. Any felony in which you personally use a gun can enhance your sentence by up to 10 years.
• Firearms and Drug Crimes. If you possess a firearm while committing some drug crimes (for example, possession for sale), the sentencing enhancement is up to 5 years.
• Possession by a Convicted Felon. If you have a prior felony conviction, then possession (as well as purchase or ownership) of a firearm is a felony.
• Concealed Weapons. PC 25400 says that carrying a concealed weapon is generally a misdemeanor. In some cases, there can be mandatory minimum jail time.
• Loaded Firearms in Public. If you carry a loaded firearm in a public place (including public streets) on your person or in your car, it is generally a wobbler. However, if you are in a street gang, or if you are a prohibited possessor, or if the gun was stolen, you will be charged with a felony.
• Guns in a School Zone. The Gun-Free School Zone Act of 1995 (9), generally prohibits possession of a firearm in a school zone, although there are exceptions. If you are convicted, there are several factors that could affect your sentence. The offense, without more, is a misdemeanor. In other situations, you could be facing a felony charge.
• Lawful Picketing. This is an example of a lawful activity that may become a criminal offense when you carry a deadly weapon. Note, however, that in order for the act to be illegal, the picketing must relate to “concerted refusal to work,” which appears to limit its applicability to labor disputes. If charged, the offense is a misdemeanor.

The above list should give you an idea of how complex and potentially serious these weapons charges can be.

Defenses to Weapons Charges

Because of the gravity of most weapons charges, it is important to understand that defenses do exist in many cases. Some of the offenses require knowledge or a specific state of mind, which can be challenged by the defense. Others, like carrying a gun while picketing, have limited applicability. The same applies with respect to enhancements, for example, where the possession or use of the weapon is part of the underlying crime you allegedly committed.

Los Angeles Weapons Defense Lawyer

Weapons offenses are treated harshly by the courts. Many of the offenses are felonies, and some acts can lead to substantial time added to your sentence. At CBS Law, we understand the seriousness of these types of charges, and we have the experience to defend them vigorously. If you are facing a weapons charge, contact our office. We offer a free initial consultation. Call CBS Law at (213) 800-8005 24/7.

“When you’re accused of something you didn’t do, the thought of losing everything can be overwhelming. My job isn’t to walk you through the process, my job is to get your life back.”

Christopher J. Bou Saeed Founding Attorney of CBS Law