Weapons Charge

Assault with a Deadly Weapon

Assault with a deadly weapon, commonly referred to as “aggravated assault,” is a serious crime almost always resulting in a felony charge. Assault with a deadly weapon is covered under California Penal Code 245, and is similar in nature to assault, but requires the use of a deadly weapon likely to cause significant bodily harm. Under California law, a deadly weapon may include a gun, bat, knife, vehicle, bottle, or any other object or instrument capable of “great bodily harm.”

Unlawful Possession of a Weapon

California places severe restrictions on the ownership or possession of a firearm and/or ammunition for those who meet many disqualifying criteria. These individuals include those:

• Convicted of a felony offense in any jurisdiction.
• Addicted to narcotics.
• With two or more misdemeanor convictions under California Penal Code 417, which pertains to the brandishing of a weapon.
• Convicted of or have a warrant for certain misdemeanor offenses under California Penal Code 23515and Penal Code 29805.
• Deemed to be mentally incompetent to stand trial or those who have been found not guilty by reason of insanity
• Minors under the age of 18.

In addition to California law, federal law also bans the following individuals from owning or possessing firearms and/or ammunition:

• Persons under indictment, regardless of the court, for a crime punishable with a sentence of more than one year.
• Those granted a dishonorable discharge or those discharged from the armed forces under dishonorable circumstances.
• Persons under a court order for stalking charges.
• Persons subject to a temporary restraining order, or protective order.
• Illegal aliens or those who have renounced their US citizenship.
• Fugitives from justice.

Carrying a Concealed Weapon

Carrying a concealed weapon, either on your person or in a vehicle is prohibited under California Penal Code 25400, which states that:

1. Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or another firearm capable of being concealed upon the person.
2. Carries concealed upon the person any pistol, revolver, or another firearm capable of being concealed upon the person.
3. Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or another firearm capable of being concealed upon the person.”

Unlawful Sale of a Weapon

California Penal Code 26500(a) states that “no person shall sell, lease, or transfer firearms unless the person has been issued a license pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.” California Penal Code 26700 outlines the issuing of a license, whereas California Penal Code 26800 sets the conditions under which the license is forfeited.

In California, a licensed dealer must complete all firearm or weapon sales. While there are certain exceptions, even these must be brokered through an authorized dealer before completion. These include:

• Transferring a firearm to a gunsmith to repair the firearm.
• Those acting under orders from the court to sell a firearm to satisfy a judgment.
• Selling an antique, unloaded firearm or weapon to a licensed collector.
• Lending an unloaded firearm or weapon to be used as a prop for entertainment productions.