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Orange County Firearms Attorney

Our country is divided on many emotional issues, and one of the most heated seems to be the topic of guns. When it comes to the courtroom however, you will find just as many people divided in the same manner. An experienced defense lawyer will be able to separate the emotional aspects of the case from the legal, in order to ensure the client is given a just result.

Defense of Firearms & Guns

Even momentary possession of a firearm, if you are not the registered owner, can be used as evidence towards your guilt. Therefore, the reason for "possessing" it must be established through the evidence. More seriously however, are situations where multiple persons in a vehicle are charged for possessing one gun that was found on only a single person. In this scenario, mental state and knowledge become heavy issues in the case—which if used in the right way, will be evidenced through the facts most favorable to the client. Therefore, the most prevalent of defenses for firearms boil down to the reasons for its possession and the knowledge of the beholder of it.

Law of Firearms & Guns

The laws governing firearms span across a wide spectrum: from possession, to assault, to brandishing, and to concealment. Certain people who had been convicted of a felony or misdemeanor might not be allowed to possess firearms (Penal Code § 12021a). However, if the person only possessed the firearm momentarily during a transitory period or the person justified possessing the firearm by intending to deliver it to a law enforcement agency, he or she might not be found guilty of illegally possessing a fire arm.

If a person substantially hides a firearm on his or her own person, he or she can be found guilty of carrying a concealed firearm (Penal Code § 12025a.2). The concealed firearm does not even need to be in working order as long as it was designed to shoot and appears as if it could shoot.

Many individuals find themselves charged with gun violations where they never even possess the gun or see the gun. This situation is often in the context of when several young adults are found in a vehicle where a gun is found on one of them. In some circumstances, each and every person in that car could potentially be charged with possessing an illegal firearm.