There is a complicated network of laws that regulate the use of firearms, including laws that increase penalties for crimes that involve the misuse of firearms. For example automatic weapons are prohibited in the state of California for private citizens and if one were to be used in a crime, that person would be facing a much more serious charge and punishment than if he or she would have uses a gun that a private citizen could legally own. Also convicted felons, people on any type of probation, juveniles convicted of serious crimes, mental patients and people who are under a restraining or protective order are not allowed to own or possess a firearm of any kind. There are three different charges that involve concealing a weapon and are as follows:
Brandishing a Weapon: (PC-417) This charge is given when you or a loved one draws a firearm or weapon and waves it in the air in a threatening or rude manner. This charge is usually punishable with a minimum of 30 days in jail, but will increase if it occurred in a public place.
Carrying a Concealed Weapon: (PC-12025) This charge could be charged as a misdemeanor or a felony, which will depend on the circumstances of the incident. The state of California does allow local law enforcement agencies to issue concealed weapon permits to people who qualify and have the necessary safety training. Without that training, carrying a loaded, concealed weapon in public is a serious felony.
Possession of firearms: (PC-12280, 12282), This is if you or your loved one is caught possessing a firearm that is illegal in California, or legal firearms that you do not have a permit to carry a firearm. There are many laws that fall under this description and carry a felony or misdemeanor penalties.
Because of the fact that there so many laws that regulate firearms in the state of California, firearm charges are very complicated. The type of the charge you could face depend on your individual circumstance and situation, which also goes for the severity of your charges. All of these could also vary based on where you were during the alleged time, whether the gun was loaded and whether it was concealed during the incident. It is important that you contact a weapons lawyer in order to be able to fight the charge. Also it is important that you post bail before seeing a judge because there is a chance the judge could increase the bail amount to a number that you could no longer afford which would force you to remain in jail until your court hearing. Please feel free to contact us if you have any further questions or concerns.