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Orange County Gun Crime Lawyer, Firearm, Weapon Charges


Firearms Defense Attorney

Orange County, California has strict laws to protect its citizens from weapons, and getting charged with a weapons offense can have serious consequences. The court system may punish those convicted of this crime severely, which could result in hefty penalties. That’s why it’s crucial to have an experienced Orange County weapons charges lawyer by your side to represent you. With the right legal guidance, you can navigate the legal system and work towards a favorable outcome.

Orange County California has some of the toughest gun laws

There have been numerous gun-related crimes that have received a lot of attention in recent years, which has made weapons charges a major focus for law enforcement, prosecutors, and judges. These charges can take on many forms, including carrying a concealed weapon, brandishing a weapon, assault with a deadly weapon, unlicensed sale of a firearm, being a felon in possession of a firearm, openly carrying an unloaded weapon, and shooting at a dwelling, vehicle, or aircraft.
There are some consequences of Carrying a Concealed Weapon Without a License in California. In California, it’s illegal to carry a concealed weapon on your person or in a vehicle without a license. This is defined by Penal Code Section 12025. If you violate this law, you could be charged with a misdemeanor or felony, and the authorities take it seriously. Both law enforcement and the district attorney’s office could prosecute the offense severely. So, it’s essential to make sure you have a valid license if you plan to carry a concealed firearm in California. If someone is facing any of these gun charges in Orange County, our attorneys can assist them through the legal process. The type of charge will determine the approach we take, and our goal will be to provide the best possible legal representation to our clients.

Common Gun Crime Cases We Handle

We have provided legal representation to clients facing various types of weapons charges. Our team has significant expertise in dealing with the following cases in particular:

      • Aggravated assault with a deadly weapon – California Penal Code 245(a)(1)
      • Assault with a weapon – California Penal Code 245(a)(2)
      • Brandishing a firearm – California Penal Code 417
      • Carrying a concealed and/or loaded handgun – California Penal Code 25400
      • Dealing in assault weapons without a license – California Penal Code 26500
      • Illegal discharge of firearms – California Penal Code 246.3.
      • Improper handling of a firearm in a motor vehicle – California Penal Code 25850
      • Making false statements to obtain firearms – California Penal Code 115
      • Manufacture or possession of destructive devices – California Penal Code 18720
      • Transfer of large-capacity magazines – California Penal Code 32310
      • Use of firearms in a restricted area or for self-defense – California Penal Code 171.7
      • Possession of grenade launchers, grenades, machine guns, multi-burst trigger activators, shotguns and short-barreled rifles, silencers, etc.– California Penal Code 18710
      • Possession of prohibited weapons such as billy clubs, switchblade knives, and brass knuckles – California Penal Code 16590
      • Possession of unregistered firearms or assault weapons – California Penal Code 12031 and 25850
      • Possession of a weapon by a convicted felon – California Penal Code 29800
      • Drive-by shooting – California Penal Code 26100

Buying and Possessing a Firearm in California

In California, if you are eligible to buy and own guns, you can usually have pistols and rifles. However, there are some types of guns that are not allowed, such as semi-automatic firearms, short-barreled shotguns or rifles, .50 BMG caliber rifles, and guns with high-capacity magazines.

To purchase a gun legally in California, you can only buy it from a licensed firearms dealer in the state. Moreover, only verified California residents are eligible to buy firearms in the state. There are several eligibility requirements to be met, and not everyone can purchase a gun. The following section will discuss these requirements in detail.

If you’re a California resident and want to purchase a gun in the state, there are a few things you need to keep in mind.

      • Firstly, you’ll have to pass a safety test to obtain a Firearm Safety Certificate before purchasing a gun.
      • Additionally, the age requirement for purchasing firearms is 18 years for long guns and 21 years for handguns.
      • After purchasing a gun, there’s a mandatory 10-day waiting period before you can receive the firearm. This waiting period is for a background check to determine if you’re eligible to own a firearm in California and not prohibited under state law from owning it.

Who Cannot Legally Possess Firearms in California?

California has strict laws on who can possess firearms in the state. A wide range of individuals are prohibited from owning guns, including those who have been convicted of certain misdemeanors or most felony offenses. This lifetime ban also extends to misdemeanor domestic violence offenses, meaning that those with such convictions are permanently prohibited from possessing firearms in California. There are several factors that could prevent you from legally possessing a firearm, including:

      • In addition to lifetime bans, there are also certain criminal convictions that result in a 10-year ban on possessing firearms in California. Even certain misdemeanor convictions, such as certain threat crimes, assault crimes, and bringing firearms into public offices where firearms are prohibited, can lead to this 10-year ban. This means that individuals with such convictions are prohibited from owning or possessing firearms for a period of 10 years following the conviction.
      • If a person has been detained under the Welfare and Institutions Code due to being a danger to themselves or others, they may be prohibited from possessing firearms for 5 years. Additionally, individuals who have been certified with certain mental health disorders under specific Welfare and Institutions statutes may face a lifetime ban on owning firearms.
      • If a minor has been convicted of certain crimes and is deemed a ward of the court, they are not allowed to possess a firearm until they turn 30 years old.

Places in California where it is illegal to bring firearms:

      • Schools, school zones, and school property.
      • College or university campuses, except in limited circumstances.
      • Government buildings, including courthouses, state and federal offices, and some public buildings.
      • Public gatherings or events, such as parades or protests.
      • Airports and other transportation facilities.
      • Any private property where the owner has posted a sign prohibiting firearms.
      • National parks and wildlife refuges, unless allowed by federal law.
      • Any location where the possession of firearms is prohibited by federal law..

Penalties for Firearm-Related Crimes

For a misdemeanor weapons charge, you could face:

      • up to one year in jail
      • and a fine of up to $1,000.

However, if you belong to a gang, were in possession of a stolen gun, unlawfully possessed a firearm, or have a prior felony conviction, your punishment is likely to be more severe. A felony weapons charge could result in:

      • a sentence of up to three years in jail
      • and a fine of up to $10,000

Furthermore, a gun crime conviction can have a significant impact on your 2nd Amendment rights. In California, if you are convicted of a felony, you will be banned for life from possessing a firearm. If you have been convicted of assault with a weapon or have two or more convictions for brandishing a firearm, you will also be banned for life from possessing a gun. There are around 40 misdemeanor charges that carry a 10-year ban on firearm possession upon conviction, such as battery, assault, brandishing a weapon, making criminal threats, willfully violating a domestic protective order, and discharging a firearm in a grossly negligent manner.

Defenses For Gun Charges in Orange County

If you are facing charges related to a gun crime, it is essential to enlist the help of an experienced defense attorney who is familiar with the state’s intricate gun laws and has a track record of successfully defending these cases. There are several strong defenses that Cyrus Tabibnia can employ. These defenses include:

      • Claiming that you carried the firearm in self-defense
      • Arguing that your possession of the firearm was lawful
      • Challenging the legality of the police search that led to the discovery of the firearm
      • Asserting that the gun was planted
      • Pointing out false statements in the police report
      • Maintaining that you were not aware that you were carrying a weapon.

Contact Us for a Free Consultation

It’s possible for a person to unintentionally break the gun laws, even if they believe they are following them correctly. Our legal team is committed to providing strong defense for our clients while maintaining our values of honesty and ethics. We recognize that navigating firearms laws in California can be challenging, and we are here to assist you. Whether you need guidance on how the laws apply to you or require a reliable criminal defense attorney to represent you in a firearms case, we work hard to safeguard your rights. 

If you’re facing gun charges in California, it’s crucial to seek the help of an experienced Orange County Gun crime lawyer as soon as possible. Lawyer can analyze the facts of your case and develop a legal strategy to help you achieve the best possible outcome.

At the Law Office of Cyrus Tabibnia, we believe that everyone deserves a robust defense. With years of experience representing clients in cases involving gun charges, such as illegal firearm possession, assault with a deadly weapon, and illegal firearm sales, we are here to help.

If you have been charged with a firearms offense in Orange County or the surrounding areas, and you would like to speak with a qualified criminal defense attorney, call an Orange County firearms offense lawyer at (866) 713-2159

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