Los Angeles Weapons Violation Lawyers

Defense Attorneys Handle Weapons Violations Cases in Los Angeles

In California, laws involving possessing, brandishing, and using different kinds of weapons can be quite complicated. While you might believe you are simply possessing a weapon of some kind, it could be construed as brandishing a weapon by others, and you could suddenly find yourself under arrest and accused of a serious crime. The moment you are taken into custody, it is vitally important that you get a defense attorney to represent your best interests and fight for you.

If you or a loved one has been charged with any kind of weapons violation in Los Angeles, you need to immediately hire a lawyer to defend against such charges. It is very important to have a lawyer present when talking to police, especially during a formal interview or interrogation. Trying to defend yourself in court is one of the best ways to ensure you are convicted and face the most serious penalties possible.

You deserve strong legal support like our Los Angeles violent crime defense attorneys. Call Werksman Jackson & Quinn LLP at (213) 688-0460 today for a proper defense.

Different Types of Weapons Violations

There are many different types of weapons violations and various degrees of penalties associated with each charge. Depending on the circumstances of your arrest, particularly what law enforcement and prosecutors claim happened, you could be facing significant repercussions, including jail time. Some of the more common types of weapons violations include:

• Possession: Simply possessing a weapon can be a criminal offense in some situations. Firearms, for example, have numerous restrictions on who can possess them. Minors, anyone with a felony conviction, and people suffering from mental illness are all restricted from possessing a firearm in California.
• Brandishing: This is the act of having a weapon out around other people and holding it in a way that is considered rude or threatening. While you might think you are simply holding your lucky pocketknife, a police officer can argue you were brandishing it in a threatening way.
• Use of a Weapon: Non-violent use of certain weapons can result in a criminal charge. Firing any firearm, for example, is typically illegal unless at a range or similar location. Even just throwing a knife in the wrong situation could result in a weapons violation charge.
• Violent Crimes: The use of a weapon in any kind of violence is typically the most aggressively prosecuted form of weapons violation. However, as long as you can legally possess such a weapon, you can use it to protect yourself. But the police are not always concerned about whether you used a weapon for self-defense or to attack someone else.

What Are the Penalties for Weapons Violations in Los Angeles?

Penalties for weapons violations depend on exactly what you have been charged with. Not all charges are created equal, and a crime involving the illegal use of a weapon will be taken far more seriously than simple possession. There are a number of weapon violation crimes, most of which depend on the type of weapon involved and even the type of bullet, and naming the penalties for all of them would be next to impossible. However, some of the more common crimes we have defended against include:

Possession of a prohibited weapon:

• Up to three years in jail
• A fine of up to $1,000

Concealed carry violation:

• Up to one year in jail
• A fine of up to $1,000

Illegal possession of a firearm:

• Up to three years in jail
• A fine of up to $10,000

Brandishing a weapon:

• Up to three years in prison

All of these crimes are either automatic felonies or could be considered felonies in the right circumstances. A felony conviction can follow you for the rest of your life and impact your future employment and housing prospects. In fact, it isn’t uncommon for a convicted felon to even lose their rights as a parent. The court may decide that being around a felon is not safe for your child and thus remove them from your care. If the court feels you are dangerous enough, they may even strip you of your right to visitation.

There are additional consequences for people who are convicted of weapons violations. Offenders may face challenges related to employment, as many employers conduct background checks and may be hesitant to hire someone with a weapons-related conviction. Housing opportunities can also be limited, and the social stigma associated with such convictions can affect personal relationships and community standing.

Difference Between Federal vs. State Weapons Violations

Federal and state weapons violations differ in scope, enforcement, and penalties. Federal laws generally address issues that cross state lines or pose significant threats to national security, such as firearm trafficking and possession by prohibited individuals. These laws are enforced may result in severe penalties, including lengthy prison sentences and substantial fines.

Federal weapons charges cover a broad range of offenses, each carrying substantial penalties. Common examples include possession of a firearm by a convicted felon, trafficking in illegal firearms, and possession of unregistered firearms such as machine guns or sawed-off shotguns. Offenses like using a firearm in the commission of a federal crime or possessing a firearm with an obliterated serial number can lead to severe consequences.

State weapons charges vary significantly depending on the jurisdiction, but common examples include illegal possession of a firearm, carrying a concealed weapon without a permit, and brandishing a weapon in public. California has some of the strictest gun laws in the country, including a comprehensive background check system, a ban on assault weapons, and restrictions on high-capacity magazines.

Los Angeles Laws Regarding Different Types of Weapons

Knife laws are another area where regulations can vary widely between states and even municipalities. California Penal Code 17235 permits the open and concealed carrying of folding knives as long as they are in a closed or folded position. It is illegal to carry a concealed fixed-blade knife in California, but you are allowed to openly carry a fixed-blade knife that is sheathed and worn suspended from your waist.

Regulations governing explosives and hazardous devices are highly enforced due to the significant risks they pose. Federal laws, such as the Safe Explosives Act, mandate strict controls over the manufacture, possession, and transport of explosive materials. Individuals and businesses must obtain licenses and permits from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to handle these substances legally.

Gun Laws and Your Second Amendment Rights

The Second Amendment of the United States Constitution states that “a well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” In landmark cases like District of Columbia v. Heller (2008), the Supreme Court affirmed an individual’s right to possess firearms unconnected to service in a militia for traditionally lawful purposes such as self-defense within the home.

This ruling significantly shaped modern Second Amendment jurisprudence. But the Supreme Court also acknowledged that this right is not unlimited. Governments can impose regulations on firearm ownership to promote public safety.

How to Build a Strong Legal Defense Against Your Charges

Fortunately, being charged with a weapons violation is not the end of the world, so long as you hire an experienced Los Angeles defense attorney to defend you against the charges. The proper defense will depend on your situation and should be tailored to what happened and how you were charged. Some common defenses, however, can include:

• You were not carrying a prohibited weapon
• You were unaware the weapon was prohibited
• Your identity was mistaken, and you are not the wanted criminal in the case of brandishing or a violent crime
• The weapon was taken during an unlawful search and seizure
• The weapon was only used in self-defense
• You own the weapon lawfully, and it is not prohibited
• The officers who arrested you were acting unlawfully

Defending against a weapons violation, especially if there are accompanying charges such as murder, manslaughter, or assault, is no easy task. It requires an in-depth investigation, as well as a wealth of knowledge of California laws. Not just any lawyer will be able to get you the results you need, especially not if they are an overworked public defender.

Understanding Juvenile Gun Violations in Los Angeles

In Los Angeles, there are several types of gun violations that may be committed by a juvenile. For example, possession of a firearm by a minor is a violation of California Penal Code Section 29610. It can lead to probation, community service, or even detention in a juvenile facility. Carrying a concealed weapon is another serious offense that can have long-term implications for the minor’s future.

California law is stringent when it comes to weapons possession by minors. For example, possessing a switchblade knife or a dirk/dagger may result in serious charges under California Penal Code Sections 21310 and 626.10. Possessing a replica firearm or BB gun in public spaces can also lead to legal consequences.

The legal process for juvenile cases differs significantly from that of adult criminal cases. When a minor is charged with a weapons violation, the case is typically handled in juvenile court, which focuses more on rehabilitation than punishment. After an arrest, the juvenile is subject to a detention hearing to determine whether the minor should be held in custody or released. This is followed by a jurisdictional hearing, where the judge decides whether the charges are substantiated.

If the judge rules against the minor, a dispositional hearing will determine the appropriate consequences, which may include probation, community service, or placement in a juvenile detention facility. Throughout this process, the minor’s rights and best interests are given priority, and the court often considers factors such as the minor’s age, prior record, and the circumstances of the offense. One of the main differences is the focus on rehabilitation rather than punishment.

Contact Our Tenacious Weapons Violation Lawyers in Los Angeles

If you have been arrested for a weapons violation in Los Angeles, it is vital that you start protecting your rights immediately. The prosecution has already started to build their case against you; do not allow your defense to fall behind.

To get the legal guidance you need, contact Werksman Jackson & Quinn LLP today and ensure you are properly defended. Call (213) 688-0460 to discuss your options with our Los Angeles weapons violation attorney—your initial consultation is free.

Additional Information

• What Constitutes a Deadly Weapon in California Assaults?
• Understanding California’s Gun Laws
• The Facts About Concealed Carry in California
• California Gun Laws and Violations