Gun Charges

Nevada County Gun Lawyer

If you own a gun, yours is one of nearly 20 million guns that Californians own. Although you have the right to bear arms, there are many situations where the possession or use of a firearm triggers criminal prosecution.

There are certain offenses involving a gun that can get you arrested, requiring the need for a Nevada County gun lawyer or a California gun lawyer. According to the State Firearm Laws Database, California has enacted over a hundred laws regarding guns, more than any other state. If you are arrested, you may not even know why, but an experienced firearms defense attorney in Nevada, California, particularly a gun charges lawyer or gun charges & weapon offense lawyers, could work with you on your defense, addressing the specific nuances of gun & weapon charges in California.

Who Can And Cannot Own Guns In California?

Generally, any California citizen over 18 is permitted to own a gun. However, there are many exceptions, including the red flag laws that allow neighbors, fellow employees, and others to obtain restraining orders against gun owners who would lose their rights to possess a firearm. Others who cannot own guns are:

Convicted felons, no matter where the conviction occurred
People addicted to narcotics
Those deemed mentally unstable
Certain misdemeanor convictions
Those who have been convicted of domestic violence or physical abuse crimes, even if they are misdemeanors

Those unsure whether they can own guns in California can check with a Nevada County firearms lawyer or a firearms defense attorney, such as a gun lawyer in California, who can assist with gun charges & weapon offense legalities. They can help them apply for a Personal Firearms Eligibility Check (PFEC) with the Department of Justice, addressing concerns related to gun & weapon charges in California. The application is only relevant to California law and will not determine eligibility under federal law.

Other Gun Laws That Turn On Interpretation

You may have complied with the laws for a gun you purchased at an out-of-state show, but if you transport it to California, with only a few exceptions, a licensed dealer must receive it and follow California procedures. A Nevada County gun lawyer or a California gun lawyer can guide you through these procedures, including the criminal background check, a 10-day waiting period, and the requirement to prove you have a firearms safety certificate.

If someone stored a loaded gun on a shelf and their minor child accessed it without permission, they face criminal penalties depending on the child’s actions. In such cases, consulting a firearms defense attorney in Nevada, California, or a gun charges & weapon offense lawyer is crucial. If the gun is brandished, the adult faces a misdemeanor with up to a $1,000 fine, but if there was an injury, penalties can escalate to up to three years in prison and up to a $10,000 fine.

In situations where someone shoots a home intruder, the Castle Doctrine applies, allowing a person to defend themselves on their property. However, this right ceases once the threat of imminent danger subsides. In these complex scenarios, an experienced gun charges lawyer, especially those proficient in gun & weapon charges in California, can rebut the prosecutor’s claims to establish innocence or mitigate severe sentences.

Possible Defenses To Gun Crimes

A firearms defense attorney in Nevada, California, such as a Nevada County gun lawyer or a California gun lawyer, could tailor a defense to the specific situation. For instance, the defendant, represented by a gun charges lawyer or gun charges & weapon offense lawyers, may have believed their life, or another person’s, was in grave danger. They might argue the gun has a faulty firing pin and the discharge was accidental, or the gun is not theirs. Police procedural mistakes, identified by an experienced gun & weapon charges attorney in California, could lead to evidence being thrown out under the Fourth Amendment and the Fruit of the Poisonous Tree Doctrine, which extends what is inadmissible if it was derived from other inadmissible evidence.

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