Estimated Jail Time for Possession of a Gun in California

The state of California does not always treat gun possession as a criminal act. In fact, most Californians are legally allowed to own some types of guns. These firearms may be kept in private homes, someone’s business, or moved around as long as the gun owner keeps them in a locked container.

However, if a law enforcement officer finds you improperly in possession of a firearm, you may be fined and could face up to 20 years in prison. You may also lose your gun rights for 10 years or the rest of your life. A Los Angeles criminal defense lawyer at the Simmrin Law Group can help to dismiss or reduce your charges to avoid or reduce penalties.

What Types of Charges does California Have for Possession of a Gun?

Some individuals who illegally possess a firearm in California may be subject to misdemeanor charges. These charges can include up to $1,000 in fines and no more than a year spent in county jail.

Individuals illegally possessing a gun may also face a more serious felony charge. These charges can come with a jail sentence of up to 20 years in state prison.

California also uses sentencing enhancements on crimes committed with a firearm. This means that additional years are added to a sentence if a gun was used while committing a serious felony. Without a skilled violent crimes lawyer in Los Angeles, your case may result in California judges adding the following to a prison sentence:

10 years if you possess a gun
20 years if you fire a weapon
25 years if you seriously hurt or kill someone with a gun

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Who Is Allowed to Possess a Gun in California?

As noted, most citizens of the state are allowed to own a gun. However, there are exceptions to this rule. California restricts members of the following groups from owning a firearm:

Are There Any Guns You’re Not Allowed to Own in California?

While California allows most citizens to possess firearms, there are some guns that the state prohibits. Penal Code 30600 PC allows only those with permits to own assault weapons and rifles in California. These guns include Uzis, AK series rifles, and more.

Individuals who possess these guns without a permit may face 1one to three years of incarceration.

Any act of manufacturing, distributing, importing, lending, and selling unlicensed guns is considered a felony, with a sentence of four to eight years behind bars. If these weapons are sold or given to minors, an additional year gets added to the penalty.

What Is the Penalty for Carrying a Concealed Firearm in California?

California allows citizens to carry concealed firearms as long as they have a permit. This permit requires you to finish a firearms training course and reside in the issuing city. It would help if you also had good character and good reason to get the license.

Individuals who carry a concealed gun without this permit may be charged with a misdemeanor or a felony, depending on their circ*mstances. Those charged with a misdemeanor may face a fine of $1,000 and a year in prison. A felony charge may lead to sentences of 16 months to 3 years in prison, along with a fine of up to $10,000.

Penalties for Possessing Firearms in Prohibited Locations in California

California law designates various locations where possession of firearms is prohibited. These locations may include:

Schools and school grounds
Private properties with policies of no firearms (e.g., malls, entertainment venues, etc.)
Government buildings
Airports and aircrafts
Gun-free zones
Public parks and recreational facilities

Are There Penalties for Possessing Ammunition or Firearm Accessories?

California ties gun possession to ammunition possession. Individuals who cannot own a gun are not allowed to possess ammunition and may face similar charges if they hold ammo illegally. Additionally, the state does not permit individuals to own armor-piercing ammunition. Possession of this ammunition can result in a prison term of 1-3 years.

Individuals who own silencers are also committing a felony in the state of California. A felony conviction can result in a fine of up to $10,000 and 16 months to 3 years of incarceration.

Do Not Forget to Consider Collateral Consequences

Although criminal penalties can be especially impactful, collateral consequences are just as debilitating. In fact, when you are anxious to get back to your life, collateral penalties can hold you back. You might not be able to find a job, go back to school, find state housing, or maintain relationships with your family and friends.

Your professional reputation could be destroyed, you may find it difficult to earn a living and support yourself and your family, or even lose your child visitation or custody rights altogether. The best way to avoid these devastating penalties is by preparing a powerful defense and clearing your name of the allegations against you.

Are There Defenses for Charges Related to Possessing a Firearm?

Due to California’s complicated firearm laws, defending against gun possession charges is difficult. Individuals can argue they’re legally able to carry a firearm or that they were carrying the weapon in self-defense, but this requires understanding California’s legal codes.

A criminal defense attorney is familiar with gun possession laws in California and can prepare a proper defense for you. They can work tirelessly to build a solid defense strategy to help you avoid jail time and large fines. The main goal of a defense attorney is to try to make the prosecution’s evidence inadmissible. An attorney at the Simmrin Law Group can do this by showing that:

The arresting officer didn’t have probable cause to search your car or your body
The questioning officer did not provide you with your Miranda rights before interrogating you after your arrest.

Possible Defenses a Criminal Defense Attorney Can Use

There are multiple defenses that could be used to challenge the gun charges against you. Some examples include:

Stating that you carried the gun in self-defense
Proving you weren’t aware the gun was in your vehicle
Proving you were not in an area that is considered a public place
Proving the weapon wasn’t loaded

Remember, for the prosecutor to obtain a conviction, they must be able to prove your guilt beyond a reasonable doubt. However, you may be able to avoid having to bring your case to trial entirely by entering a plea agreement with the prosecutor.

If you enter a pretrial diversion program, the charges against you could be reduced to a lesser offense or dropped. However, you will need to meet the program requirements. Otherwise, the prosecutor will likely move forward and seek the maximum sentence.

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California Laws Regarding Illegal Possession of a Gun

In California, people who are over 18 can purchase and possess a rifle or a shotgun. People over 21 can purchase a handgun.

California Penal Code Section 25850 and California Penal Code Section 12031 provide information regarding California gun laws. These laws prohibit someone in California from possessing a loaded weapon in their car. To get convicted of this type of charge, the prosecution must prove:

You were in possession of a loaded firearm while in your car.
You were aware there was a loaded firearm in your car.
You were on public property or in a public place when caught in illegal possession of a firearm.

An attorney can protect you against the charges the prosecuting attorney has brought against you.

Speak to a Criminal Defense Attorney Soon After Your Charge

The sooner you speak to a criminal defense attorney after getting charged with illegal possession of a gun, the better it is for your case. A criminal defense attorney can speak on your behalf with law enforcement officers and prosecuting attorneys. After getting charged with illegal possession of a gun, an attorney can:

Speak to law enforcement officers during questioning and interrogations.
Guide you through the criminal law process and always keep you informed of your legal options.
Try to get your charges dismissed. If not, an attorney can negotiate a plea deal to receive a lesser charge and punishment.
Provide legal advice on whether you should accept the plea agreement or not.
If your case goes to trial, we can prepare a solid defense strategy to prove to the prosecuting attorneys, judge, and jury that you should not get convicted of the charges.

An attorney can provide guidance throughout the entirety of your case. After getting charged with illegal possession of a gun, you might feel alone. You may also think you are facing large fines or long jail times, but an attorney can ease your fears by providing a solid defense and being realistic about the punishments you could potentially face.

When looking for a criminal defense attorney, it is important to find someone who has handled similar cases because they know the negotiating tactics of prosecuting attorneys and can advocate for you to receive a lesser sentence if the prosecution doesn’t dismiss your charges.

A Criminal Defense Attorney Can Help if You Get Charged With Illegal Possession of a Gun

Ss lawyers familiar with your rights and California’s state laws, we can help you. Don’t wait until the last second to prepare your defense. Take advantage of a free initial consultation with an experienced Los Angeles gun charge lawyer at the Simmrin Law Group. Contact our criminal defense law firm today by calling or filling out our contact form.

Call or text (310) 896-2723 or complete a Free Case Evaluation form

Estimated Jail Time for Possession of a Gun in California | 24/7 (2024)