Laws regarding firearms and gun possession can be complex, as this topic remains the focus of debate across the country. Under California penal code 25850, carrying a loaded firearm in a public area or motor vehicle is a crime. If convicted, you could face a potential jail sentence, costly fine, or both. Let’s take a look at the consequences of carrying a loaded firearm in a public space so that, should the need arise, you understand what steps to take.
Carrying Loaded Firearms in Public Areas is a Crime
Under California state law, it is illegal to carry a loaded firearm on your person or in a vehicle while in a public space, street, or anywhere where discharging a firearm is unlawful. For instance, driving your car on a public road with a loaded gun in the glove compartment is illegal. Walking through a public park or along a sidewalk in a public area with a gun in your waistband or backpack can also result in criminal charges. Law enforcement officials have the right to determine whether a firearm is loaded, and refusing to allow an officer to inspect your gun for this purpose can lead to additional charges.
Possible Penalties for Gun Charges in Los Angeles County
Carrying a loaded firearm in public is considered a misdemeanor in California. If convicted, you could spend up to one year in county jail, pay up to $1,000 in fines, or both. However, there are circumstances in which this offense could be considered a felony, punishable by up to three years in jail, up to $10,000 in fines, or both. You could be charged with a felony offense if: You have a previous felony conviction; the firearm was stolen; you belong to a criminal street gang; you do not lawfully possess the firearm; or you have been legally prohibited from owning a firearm.
Defensive Strategies to Protect Your Freedom
As soon as you have been charged with carrying a loaded firearm in public, contact a trusted criminal defense attorney to discuss your situation. Depending on the specifics of your case, your attorney will determine the most effective legal strategy moving forward. Your attorney may work to have the charges dropped or reduced, if possible. There are several defensive strategies to explore—the firearm may have not been loaded, or you may have been subject to illegal search and seizure prior to your arrest. Whatever the unique factors of your situation may be, you can trust that your best interests will be protected at every step of the legal process.
Wegman & Levin represents clients throughout Los Angeles County who are facing firearms and gun charges. Call (818) 980-4000 today to schedule a free consultation with a dedicated and effective criminal defense attorney.
