US Supreme Court Rules That California Can Prohibit Dangerous Persons From Owning A Gun – Penal Code Section 29800

We May Be Able to Help You Restore Your Gun Rights

In a recent Supreme Court decision, the Court reversed a lower court decision that struck down a 1994 federal law that bans the possession of firearms by perpetrators of domestic violence. Essentially, the Supreme Court determined that States could prohibit dangerous persons from owning a firearm. This decision emphasizes the importance of public safety and the risk that dangerous persons can pose to society when in possession of a gun. This blog aims to examine instances where California can prohibit an individual from owning a gun and emphasize the importance of knowledgeable legal counsel to help such individuals protect their rights and protect themselves against any criminal charges.

Our experienced restitution attorneys can guide you through this legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced criminal attorneys near you.

Understanding California’s Gun Laws

California’s gun laws are among the toughest in the United States, encompassing a wide range of regulations. These laws cover everything from who can purchase firearms to where and how they can be carried. For anyone accused of gun ownership charges, grasping these laws is the first step toward building a defense.

The state requires background checks for all gun purchases, including those made at gun shows and through private sales. This rigorous process is designed to prevent firearms from falling into the wrong hands. Additionally, California mandates a waiting period, often ten days, before a purchaser can take possession of a firearm. This period allows for thorough background checks and serves as a cooling-off period to prevent impulsive acts of violence.

Another key aspect of California’s laws is the prohibition of certain types of firearms. Assault weapons and large-capacity magazines, for example, are banned in the state. Understanding which firearms are legal and which are not can be pivotal in defending against charges. If you’re accused of possessing an illegal firearm, knowing the specifics can help you challenge the charges or negotiate a lesser penalty.

Compliance with Gun Laws

Compliance with California’s gun laws is crucial not only to avoid charges but also to ensure overall safety. Being aware of and adhering to these regulations can protect you from legal trouble and contribute to a safer community.

One critical aspect of compliance is obtaining the necessary permits and licenses for purchasing and carrying firearms. Familiarizing yourself with the specific requirements in your area and ensuring all paperwork is in order can help you remain on the right side of the law.

Additionally, practicing responsible gun storage is essential. Keeping firearms secure and out of reach of unauthorized individuals, particularly minors, can prevent accidents and unintended consequences. Implementing safety measures not only aligns with legal requirements but also reflects responsible gun ownership.

By prioritizing compliance, you reduce the risk of facing legal issues and contribute to maintaining public safety. Understanding and respecting California’s gun laws is a vital aspect of being a responsible gun owner.

Penal Code Section 29800: Prohibition on Certain Individuals Possessing Firearms

Penal Code Section 29800 specifically prohibits individuals with felony convictions or those who are subject to domestic violence restraining orders from possessing firearms. This law is vital for public safety, as it helps prevent firearms from falling into the hands of those who have demonstrated a history of violence or unlawful behavior. Violating this section can result in severe penalties, including imprisonment. Understanding this section is critical for those seeking to own firearms, ensuring compliance with the law and promoting a safer community.

Penalties For Illegal Possession or Use of a Firearm 

In California, unlawful gun ownership or use can lead to severe penalties, reflecting the state’s stringent firearm regulations. Individuals found in possession of a firearm without the necessary permits may face misdemeanor charges, carrying fines up to $1,000 and potential jail time of up to six months. 

More serious offenses, such as using a firearm in the commission of a crime or possessing illegal firearms like assault weapons, can result in felony charges. These may lead to imprisonment for several years, heavy fines, and the forfeiture of the firearm. Additionally, individuals with prior felony convictions may be permanently barred from gun ownership, and violating this restriction can incur further legal consequences, including enhanced sentences.

The Importance of Seeking Legal Counsel 

The need for legal counsel in cases of unlawful gun ownership or use cannot be overstated. Given the complexity of firearm laws and the severe penalties associated with violations, individuals facing charges should seek experienced legal representation to navigate the criminal justice system effectively. A knowledgeable criminal defense attorney can provide insights into the specific charges, potential defenses, and the implications of any prior convictions. Moreover, skilled legal counsel can help negotiate plea deals or lesser charges, ultimately striving to mitigate the consequences of a conviction. With the stakes so high, having a skilled advocate can make a significant difference in the outcome of a case, ensuring that the rights of the accused are protected throughout the legal process.

Contact Wallin & Klarich Today

If you are facing criminal charges, you need an aggressive criminal defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients obtain successful outcomes in their cases.

People facing criminal charges often ask themselves, “Where can I find an experienced criminal defense lawyer near me?” Luckily, Wallin & Klarich has the answer to this question. We have offices conveniently located in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.

Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with one of our skilled criminal defense attorneys. We will be there when you call.