The categories of weapons charges in most states are divided in two statutes: possession and use. The category of possession focuses on the possession of the weapon. For example, a defendant can be charged and convicted of possessing the weapon even if no one was hurt, threatened, or saw the weapon. The category of use focuses on the use of the weapon while another offense is being committed. These offenses sometimes are referred to as aggravated offenses.

All states, including California, have rules that restrict access to weapons by certain individuals. For example, a convicted felon is not allowed to possess a fire arm under state or local statutes. Different States have different defenses for weapons charges. Although most citizens in California can legally own or possess guns, those citizens are subject to numerous restrictions because California has some of the most extensive gun laws in the country.

Weapons Charges in California

Although the majority of weapons charges in California are classified as felony offenses, all those who carry a firearm may face criminal charges. For example, someone who possesses or carries an illegal fire arm risks facing criminal charges. In addition, run the risk of facing criminal charges if you illegally carry or possess a legal firearm. There are a number of weapons charges in California, including:

  • PC 25400 – Carrying a concealed weapon;
  • PC 26100 – The improper handling of a firearm in a motor vehicle
  • PC 245(a)(2) – Aggravated assault with a deadly weapon
  • Pc 29800 – Possession of a firearm by a convicted felon
  • PC 246 – Firing or shooting an object into an occupied building
  • PC 26500 – Illegal sale of a firearm
  • PC 30600 – Possession of an assault weapon

 Penalties for Weapons Charges in California

 A weapons charge in California can either be a misdemeanor or a felony, depending on the circumstances surrounding the weapons charge. Only a judge determines whether a weapons charge is a felony or a misdemeanor.

Misdemeanor Charges

Misdemeanor gun charges are punishable by up to one (1) year in county jail and/or a fine of up to $1,000.00.

Felony Charges

Felony weapons charges are punishable by 1 to 20 years in a California prison.

If you are facing weapons charges in any state, it is important to seek the right representation to have on your side. The attorneys at Sethi Law Group can review your case and explain the possible charges you may be facing if found guilty. In addition, the attorneys at Sethi Law Group can assist in developing the appropriate strategy to effective represent you in court. If you are facing weapons charges, please contact our office and we will be glad to schedule you for a free consultation to meet with an attorney and discuss the nuances of your case in further detail.

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