Unlawful Weapons Possession in Los Angeles
Contrary to many people’s beliefs, California allows possession of weapons legally. However, it is not as easy as it sounds. While some weapons can be lawfully owned by citizens, some conditions apply to the law. Any kind of modifications are prohibited, for example, expanding the magazine capacity comes under modification and is strictly prohibited.
Other than that, some weapons cannot be owned, sold, or manufactured by law. These are stated under the “Generally Prohibited Weapons” category. Under the California penal code 16590, Knives and Edged weapons (Air gauge knives, Lipstick case knives, writing pen knives), Melee Weapons (slingshots, metal or brass knuckles, blackjacks), Firearms and modifications (cane guns, large capacity magazines, unconventional pistols, zip guns), and ammunition and explosives (flechette darts, explosive bullets, military practice hand grenade) are strictly prohibited. The possession, sale, or manufacture of these is prohibited and punishable by law.
Punishment for Unlawful Weapons Possession in Los Angeles
Possession, sale, or manufacture of a prohibited weapon can be charged as a misdemeanor or felony depending on the case. Under the California Penal Code 16590, a misdemeanor can lead to jail time of a year or a $1000 fine, or both. Whereas, a felony charge can have you face up to 3 years of jail time and/or a $10,000 fine.
However, the list of the generally prohibited weapons is very detailed and specific. This means if the weapon you are accused of possessing, selling, or manufacturing does not meet the characteristics exactly as stated in the law then you should not be facing conviction. To ensure that, you need the expertise of a criminal lawyer who understands these specifics. C Robert Brooks holds extensive knowledge and experience in criminal defense which is why our law office is your best bet in such cases. Brooks is a renowned criminal defense attorney who can mount a winning defense in your case.
For a free consultation with Brooks, contact us at (310) 994-7989
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Unlawful Possession of a Weapon
These offenses fall into a number of categories:
- Carrying a concealed weapon without a permit;
- A convicted felon in possession of a weapon;
- Possession of an illegal weapon (e.g. brass knuckles);
- Using a weapon in a crime.
California is very strict about weapons possession and it is possible to violate California law without necessarily being aware of it.
California law prohibits the carrying of a concealed weapon without a special weapons permit. If you live in Los Angles, getting a permit is virtually impossible.
It is also important to know that while a first offense can be a misdemeanor, a second offense can be filed as a felony with mandatory minimum jail time.
Remember that this offense requires actual knowledge of said possession by the defendant. In other words, if unbeknownst to you someone leaves a gun in your car, you are not guilty of the offense.
Of, course you’ll want an experienced criminal defense lawyer to help prove that.