Orange County Weapon Charge Defense Attorneys

The state of California has strict regulations regarding those who may possess, carry, or use a firearm and what types of firearms are legal. California's laws relating to the use and regulation of firearms are complex. Firearms such as automatic weapons and assault weapons are totally banned in California for private citizens. Similarly, individuals who have been convicted of a felony, who are on certain types of probation or juveniles convicted of serious crimes, mental patients or those who are subject to a restraining order are not allowed to possess a firearm, which is otherwise legal.

The most common charges involving firearms or illegal possession of firearms in California include:

• Brandishing a weapon: California Penal Code Section 417 defines brandishing a weapon as drawing or exhibiting a firearm or any other deadly weapon in public in a "rude, angry or threatening manner." This is a misdemeanor punishable by imprisonment in county jail for a minimum of 30 days.
• Possession of firearms: California Penal Code Sections 12280-12282 clearly state what types of assault weapons are illegal in California. These assault weapons and firearms cannot be owned by individuals. A violation of any of these sections will most likely be treated as a felony punishable by imprisonment in state prison for four, six or eight years.
• Carrying a concealed weapon: California Penal Code Section 12025 states that carrying a concealed weapon either in a vehicle or on one's person can be a misdemeanor or a felony depending on the circumstances. California allows local law enforcement agencies to issue concealed weapons permits to individuals who qualify and have completed safety permit. If you do not have such a permit, carrying a loaded, concealed weapon in public is a serious felony.

There are many factors that may affect your Orange County weapons case. The quantity and type of weapons confiscated will play a significant role in the type and seriousness of the charges filed against you. For example, if an entire stash of weapons is recovered by law enforcement rather than one or two, you are going to be looking at extremely serious charges. Obviously the laws involving possession of weapons are vast and complex. It takes a highly skilled Orange County weapons violation lawyer at Wallin & Klarich to sort out the law, look at the circumstances and build the best possible defense to get your charges dismissed. If you are facing a weapons charge in Orange County, please contact Wallin & Klarich for a free consultation.