Weapons Charges Defense Attorney in Manhattan Beach, CA
California weapons charges cover a wide range of conduct — illegal possession of a firearm (including by a prohibited person), carrying a concealed or loaded firearm without a permit, possession of a weapon deemed illegal under state law (such as certain assault weapons or large-capacity magazines), and weapons use in connection with another offense (a sentencing enhancement). Federal firearm law (18 U.S.C. § 922) can apply in parallel to some of the same conduct, particularly for a defendant with a prior felony conviction.
Key Points
- Being a "prohibited person" under California or federal law (due to a prior felony conviction, certain misdemeanor convictions, or other disqualifying factors) significantly changes the legal exposure for firearm possession
- California firearm enhancements (such as Penal Code § 12022.5 for personal use of a firearm during a felony) can add substantial additional prison time on top of the underlying offense
- How a firearm or weapon was discovered — whether through a valid search, a lawful stop, or otherwise — is frequently a central, litigated issue
- California’s specific regulations on magazine capacity, assault weapon definitions, and registration requirements change periodically and should be confirmed against current law, not assumed from memory
Considerations
- A weapons charge connected to another offense (such as a firearm enhancement on an assault charge) should be evaluated as part of the overall case strategy, not in isolation
- Federal firearm prosecution for a prohibited person can run in parallel to or instead of a state charge for the same underlying conduct, and generally carries more severe sentencing exposure
- Lawful ownership and possession questions (proper registration, storage, transport) are frequently misunderstood and can form the basis of a defense when the underlying possession was otherwise lawful
California & Federal Law Note
Federal law (18 U.S.C. § 922(g)) prohibits firearm possession by several categories of people, including anyone convicted of a crime punishable by more than one year in prison — this federal prohibition applies independently of California’s own, separate firearm restrictions, meaning a single set of facts can sometimes implicate both state and federal exposure.
Related Questions
What's the difference between a state and a federal criminal charge?
State charges are prosecuted by a county district attorney’s office under California law and heard in state court. Federal charges are prosecuted by the U.S. Attorney’s Office under federal law, investigated by federal agencies (FBI, DEA, ATF, and others), and heard in U.S. District Court. Federal cases generally involve more extensive pre-charge investigation, follow the U.S. Sentencing Guidelines, and in some categories of offense (including firearms and certain fraud and child exploitation charges) can carry mandatory minimum sentences that don’t exist at the state level for comparable conduct.
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