Criminal Defense Law Firm

San Francisco Gun Charges Defense Lawyer

While the Second Amendment gives people the right to bear arms, California's regulations must be adhered to if you want to stay within the bounds of the law. Those facing gun charges, which are serious offenses, will want to contact an attorney as soon as possible.

At Gasner Criminal Law, our defense lawyer works hard to help you defend against gun charges and get the best possible outcome in your unique situation. Contact us at (415) 782-6000 to learn more about how we will help you. In the meantime, here are some of the most asked questions from our clients when we first discuss their gun charges.

What Could Cause Gun Charges to Be Brought Against You?

Prosecutors file gun charges for various reasons, some of which defendants might not even realize before the arrest. Some of the more common gun charges include:

  • Not having valid documentation for the firearm
  • Possession of a firearm by a convicted felon
  • Possessing a firearm that has a fake serial number
  • Owning a firearm with a destroyed serial number
  • Possession by a minor
  • Possession of a short-barreled shotgun or rifle
  • Brandishing a firearm
  • Illegal discharge of a firearm
  • Unlawful sale of a firearm
  • Buying a firearm illegally
  • Transfer of large-capacity magazines
  • Having guns in restricted areas
  • Transporting loaded guns in a vehicle
  • Having a weapon hidden on your person without having a concealed carry permit

Additionally, certain weapons or parts are not allowed in California, and having them will bring serious jail time. These include grenades, grenade launchers, machine guns, machine gun conversion parts, armor-piercing bullets, and suppressors.

There are six places where a firearm cannot be taken in California, even if you have a concealed weapons permit. These include schools, public buildings and meetings open to the public, government buildings, the governor’s mansion, airports, and public transport facilities.

What Are Common Penalties for Gun Charges

Using a gun to commit a crime will result in severe penalties. Misdemeanor weapons charges could bring up to one year in county jail and a maximum $1,000 fine. Keep in mind that most gun charges are not going to be considered misdemeanors. Instead, they will come with felony charges. They are punishable by one to 20 years in state prison.

The charges filed, and the penalty in the event of a conviction can vary based on the type of offense and a prior criminal record. Someone with a lengthy criminal past is likely to receive much harsher penalties for gun charges than someone with no criminal history. Using firearms to commit offenses like burglary will add to the criminal charges ( Penal Code 466 PC ).

Are There Defenses for Gun Charges in California?

Finding a workable defense in California can be difficult, as the state is very strict with firearm laws. A skilled defense attorney, however, may use legitimate defenses depending on the circumstances.

Suppose the defendant was with several people when the firearm was found. The defendant neither owned the gun nor knew it was present. Someone else may have transported the firearm in your vehicle or kept it without your knowledge.

If law enforcement violated the fourth amendment , that evidence might not be admissible in court.

These are just some of the available defenses. Firearm offenses are varied, meaning each case will be different and need a well-strategized defense.

Talk with an Attorney Before It Is Too Late

Defending against gun charges is difficult; it takes a practiced eye to find the proper defense for your case. The laws are strict, and the punishments are severe, so work with attorneys with experience in this practice area. Contact Gasner Criminal Law by calling 415-782-6000 today. We want to start working on your defense to help you with your gun charges case.


Burglarious and Larcenous Instruments and Deadly Weapons

California Criminal Codes