California has many laws limiting the types of weapons a person may own in the state, prohibiting guns such as assault-weapons and machine guns. But even a firearm that is otherwise legal can be illegal if it was unregistered, stolen or if the serial number was altered or removed. Fortunately, there are defenses against all of these charges, though you should never attempt to defend yourself without a criminal attorney experienced with the intricacies of local San Diego weapon laws.
Possession of Unregistered Firearms
Technically, it’s legal to own an unregistered gun in California, but if you want to take the weapon out of your home, then you could end up in legal trouble. Under California Penal Code sections 25850 and 12031 (PC), a person caught carrying a loaded firearm on their person or vehicle in any public place has broken a crime if they are not listed as the registered owner.
If you are charged with carrying a loaded, unregistered firearm in a public place, you could face felony charges with penalties including up to three years in prison. If charged as a misdemeanor, the offense carries a sentence of up to one year in the county jail. Carrying a loaded firearm that is unregistered is even more serious if the weapon was concealed and you do not have a valid concealed carry license. In these cases, a conviction could mean up to three years behind bars. You could also face other charges and sentence enhancements if you used a firearm that was not registered under your name in another crime.
There are many defenses to these crimes, though each case varies based on the circ*mstance. The best way to avoid charges though is to obtain a certificate of eligibility if you borrow a firearm from someone you know for a period of less than 30 days. On the other hand, if you were caught transporting a gun that was not registered to you in your vehicle, your Southern California criminal defense lawyer may be able to argue that you were unaware that a deadly weapon was in your car at all. In some cases, you could also argue that you were not on public property or that the firearm wasn’t loaded when you were caught.
Possession of a Stolen Gun in California
It’s against the law to possess any kind of property if you know it is stolen, but if you were arrested carrying a stolen firearm in a public place, you can face two charges, receiving stolen property (496 (PC)) and carrying a firearm in public (25850 (PC)). Receiving stolen property can be filed as a misdemeanor or felony, punishable by up to three years in prison. The penalties for 25850 (PC) are listed above, but are no more than one year in jail, though the crime is a felony.
Fortunately, it is possible to fight these charges. In fact, one of the best defenses against the crime of possessing stolen property is the simple argument that you didn’t know the weapon was stolen. It is often difficult for the prosecution to prove that someone was aware that something wasn’t stolen. While this defense may not work to defend you against charges related to carrying the weapon in public, if you have a certificate of eligibility (that may or may not be fabricated against your knowledge), then your defense attorney may still be able to use this strategy against the accusations.
Possession of an Unserialized Firearm
Under federal law, all guns manufactured after October 22, 1968 must bear a serial number to help identify them. Interestingly, firearms manufactured before this date do not need to have a serial number if they were manufactured without one, or if someone removed or altered the serial number before that date. If someone removed or altered the serial number on a gun that was manufactured before that date, but the modifications were made after October 22, 1968, then it is a crime to possess the weapon though.
For a long time, people could get around these laws by making their own guns by hand, but as of July 8, 2018, anyone who makes their own guns in California must apply for a serial number from the Department of Justice before completing the weapon. Overall, if a gun is not an antique and was not handmade prior to mid-2018, then it should have a valid serial number.
Under California Penal Code 12090 (PC), anyone who damages, alters or removes a serial number could be charged with a felony, punishable by time in state prison. If someone knowingly sells, buys, accepts, gives away or otherwise transfers a deadly weapon that has had the serial number altered or removed, they can be charged with a misdemeanor.
A criminal defense attorney may be able to fight these accusations by arguing the serial number was naturally worn off from use or scratched during an accident, but this defense will only work in some limited circ*mstances. In other circ*mstances, it could work to argue that the gun was either manufactured before October 22, 1968 or handmade before July 8, 2018.
If you have been accused of a crime involving an illegal firearm, you need to contact a criminal defense specialist immediately. You can schedule a free initial consultation with Peter M. Liss if you call (760) 643-4050.
FAQs
Grand theft of a firearm is always a felony. It is punishable by 16 months, or two or three years in California state prison. Otherwise, grand theft is a California wobbler offense. If charged as a misdemeanor, it is punishable by up to one (1) year in county jail.
Is it legal to have an unregistered gun in California? ›
Simply having an unregistered gun in your possession is not a criminal offense in California. However, being caught with an unregistered gun in public may result in criminal charges. California law makes it illegal to carry a gun in public unless one of the following applies: You have a valid California firearm permit.
How many years do you get for a gun charge in California? ›
Penalties for First-Time Gun Possession Crimes in CA
That means that the crime is usually punished by 2, 4, or 6 years in prison. In cases where the statute does not specify specific penalties, the minimum penalty might still be as high as 16 months in prison.
How many years do you get for possession of a firearm? ›
New sentencing guidelines for firearms offences published
| Offence | Maximum sentence |
|---|
| Carrying a firearm in a public place – section 19; | Up to 7 years depending on the type of weapon |
| Possession of firearm with intent to endanger life – section 16; | Life |
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If you are convicted of violating California Penal Code Section 487(d)(2), grand theft of a firearm, it's always a felony offense. Legal penalties for grand theft firearm conviction include felony probation, 16 months to 3 years in a California state prison and a fine up to $10,000.
Is possession of stolen property a felony in California? ›
Penalties
Receiving stolen property is a "wobbler" offense that can be charged as either a felony or a misdemeanor, depending on the factual circ*mstances of the case and the defendant's criminal history.
What is the sentence for possession of a firearm by a convicted felon in California? ›
Under California law, felons caught in possession of a firearm could face up to three years in prison. That sentence could be reduced by half for good behavior. Some felons caught with guns end up doing time in county jails.
What is the penalty for carrying a loaded gun in California? ›
Penalties
Without additional factors, carrying a loaded firearm is a misdemeanor that is punishable by up to a year in jail and a $1,000 fine. This offense is a felony that is punishable by up to three years in prison if any of the following aggravating factors exist: The defendant has felony or a firearm conviction.
Is 23900 PC a felony? ›
A violation under PC 23900 is a felony offense in California. Upon conviction of this charge, you could face permanent voting rights as well as the ability to ever own or possess a firearm for life. If convicted, you could be sentenced to upwards of 16 months, 2 or 3 years in County Jail Prison.
Is a firearm safety certificate required when a firearm is being loaned? ›
Generally, a person being loaned a firearm must have a current FSC. However, an FSC is not required if the loan does not exceed three days in duration and the person loaning the firearm is at all times within the presence of the person being loaned the firearm.
(a) A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.
What is the sentence for possession of a firearm by a convicted felon? ›
What Are The Penalties For Federal Possession of a Firearm by a Convicted Felon? The sentencing guidelines for possession of a firearm by a convicted felon indicates a maximum penalty is 10 years imprisonment and a $250,000 fine.
What is an imitation firearm? ›
imitation firearm means anything which has the appearance of being a firearm, whether or not it is capable of discharging any shot, bullet or other missile; Sample 1.
How long does a FPO last? ›
How long does a Firearms Prohibition Order last? Once an FPO is made, it does not have an expiry date.
Is grand theft of a firearm a strike? ›
Also — unlike other kinds of California grand theft — grand theft firearm is considered a “serious” felony under Penal Code 1192.7(c) PC. This means that grand theft firearm is a “strike” offense under California's three strikes law.
What is Grand theft? ›
Laws in many states consider a theft to be grand theft when: The property taken is worth more than a minimum amount, perhaps $500-$1,000 or more. Property is taken directly from a person, but by means other than force or fear. (If force or fear were used, the crime would be robbery.)
What is the California penal code for possession of stolen property? ›
Penal Code 496 PC defines the crime of receiving stolen property, which is as buying, receiving, concealing, selling or withholding any property that you know to have been obtained through theft or extortion. The offense can be charged as a misdemeanor or a felony and is punishable by up to 3 years in jail.
What is Penal Code 273.5 A? ›
California Penal Code Section 273.5 "(a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony...." See PC 273.5(a).
What is 496 A? ›
In the said Code, after section 496, the following new sections shall be inserted, namely: "496A. Enticing or taking away or detaining with criminal intent a woman.
How long does a felony stay on your record in California? ›
If you've been convicted of a felony in Los Angeles, that will remain on your criminal record indefinitely. That is, unless, you file a petition to have your conviction expunged. Certain felonies in California can be expunged – or removed – from your record.
Generally, carrying a loaded firearm in a public place is a misdemeanor in California. However, depending on certain factors, you can also be charged with a felony. If convicted of a misdemeanor PC 25850 violation, you face up to 364 days in county jail, a $1,000 fine, or both.
Can you own a gun if you have an expunged felony in California? ›
An expungement or record sealing will NOT restore your firearm rights. You will need to wait the 10-years even if you have your conviction expunged or sealed. The only way this can be lifted is if you get a court order from a judge.
What is good cause for a CCW in California? ›
Good cause exists for issuance of the license because you or a member of your family is in immediate danger; You meet certain residency requirements; and. You have completed an acceptable course of firearms training.
Is it illegal to carry an unloaded gun in California? ›
Penal Code 26350 is the California statute that prohibits a person from openly carrying an exposed and unloaded handgun in a public place or in a vehicle. A violation is charged as a misdemeanor punishable by up to one year in county jail.
What happens if you conceal carry without a permit in California? ›
Gun laws for the state of California apply to everyone, even if you are not a resident. Moreover, carrying a concealed weapon without a state-sanctioned permit puts you at risk of being fined up to $10,000, arrest, or felony prosecution for violating Transportation Security Administration (TSA) rules.
Why do guns have serial numbers? ›
The serial number includes information related to the date and location of the weapon's manufacturing. Additionally, if the weapon is stolen, it can help link the firearm to the original owner when the government places the serial number into a national database.
Can I take a FSC test online? ›
FSC Test (California Gun Test Quiz) Free Online: Firearm safety is important to all Californians. Therefore, this FSC Quiz test will start with the basic question.
...
FSC Test (California Gun Test Quiz) Free Online.
| Test Name | California Gun Safety Test |
|---|
| Test Mode | Online Quiz |
| Test Administration | Department of Justice (DOJ) California |
| Passing Marks | 75% |
4 more rowsPlease insure to confirm with your DFO: Your SAPS is linked to your longest valid licence's expiry date, even though there may be a different expiry date on the competency certificate. Competency for handgun is valid for 5 years and for rifle, shotgun or self-loading rifle is valid for 10 years.
Do I need to renew my California firearm safety certificate? ›
Do I keep my Firearm Safety Certificate? Yes. If you don't keep it you will have to re-take the test and pay the fee again. The certificate is valid for five years.
Is Penal Code 25850 a felony? ›
PC 25850(a)/PC 25850(c)(6): These sections involve a non-registered person possession of the loaded firearm. Carrying a loaded firearm by a non-registered person makes the charge a wobbler offense, meaning you can be charged with this section as a misdemeanor or as a felony charge.
California Penal Code 148(g) PC states that photographing or recording law enforcement does not constitute resisting or obstructing a police officer as long as the officer is in a public place or the person with the camera has the right to be there.
Is 1203.2 a felony? ›
Penal Code 1203.2 PC is the statute that provides the rules for probation and probation violations in criminal cases. This includes: misdemeanor – or summary – probation (informal probation), felony probation (formal probation), and.
How much time can a convicted felon get for possession of firearm in Florida? ›
If convicted of Actual Possession of a Firearm by a Convicted Felon, a judge is required to impose a minimum-mandatory sentence of three-years in prison and can also impose any combination of the following penalties: Up to fifteen (15) years in prison. Up to fifteen (15) years of probation. Up to $10,000 in fines.
How much time can a convicted felon get for possession of firearm in Ohio? ›
Penalties for Violating Ohio Gun Laws for Felons
A conviction on such a charge can result in a prison term of up to 36 months. In addition to prison time, a violation of Ohio gun laws for felons can result in fines of up to $10,000.
Can a convicted felon hunt in Texas? ›
In Texas, a felon can possess a firearm at his or her residence but only once five years have passed since the disposition of his or her conviction. But even so, things still aren't so cut and dry. Federal law does trump state law.
What counts as a realistic imitation firearm? ›
Section 38 of the 2006 Act defines a "realistic imitation firearm" as an imitation firearm which has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm.
What is the sentence for an imitation firearm? ›
For Possession of an Imitation Firearm, the maximum sentence that can be imposed is one of a Level 5 fine and/or 6 months' imprisonment if tried Summarily or up to 12 months' imprisonment if tried on Indictment. You could be made subject of Community Orders and have to undertake up to 300 hours unpaid work.
Can I own an imitation firearm? ›
Imitation firearms can look like the real thing and can be used by criminals to commit crime. The sale of realistic imitation firearms is banned. The sale and hire of imitation firearms, which can include some ball bearing (BB) guns and some toy guns, is also tightly controlled and subject to age restrictions.
What does police FBO stand for? ›
Firearm Prohibition Orders in New South Wales.
What is a FPO police? ›
Firearm Prohibition Orders (FPO) are one of the options available to the NSW Police Force to provide additional powers over individuals who are a potential threat to society.
If a weapons prohibition order is made and served on a person, it means that person will be prohibited from being able to have possession of, or from using, any prohibited weapon.
