California weapons charges are very serious and the consequences of a conviction are stringent. If you are arrested and charged with illegal possession of a weapon, contact a San Jose illegal possession attorney immediately. Only with a proper defense can you successfully mount a defense against these charges.
WilliamH. Allen Attorney at Law explains illegal possession
Just because you do not have any ill intent, there are some everyday items that could be considered illegal weapons. Items such as blades over a specific length, modified baseball bats and swords that are meant for display should never be carried on your person. However, keep in mind, prosecutors must be able to prove they properly searched you in order to make these charges stick.
California weapon laws: Among the strictest in the US
California has some of the strictest gun laws in the United States including bans on large capacity clips and certain types of weapons including:
- Specific classifications of knives – some knives are prohibited including those that are ”masked” as other items. Lipstick case knives, ballistic knives and belt knives fall into this classification.
- Firearm restrictions – there are some strictly prohibited firearms such as those that are designed to bypass security scanners (plastic), short-barreled shotguns and rifles as well as zip guns.
- Other prohibited weapons – weapons like brass knuckles, nunchaku (more commonly known as nunchucks) may not be carried on your person nor can they be carried in your vehicle.
Restrictions on persons carrying weapons
In addition to the various types of prohibited weapons, there are classifications of persons who may not carry any type of weapon, even if they had previously been issued a firearms permit. This includes those persons whom:
- Have prior felony convictions – those who have had a prior felony conviction, in California or anyplace else may not legally carry a weapon of any time in California.
- Are underage for weapons carrying – those who are under the age of 18 may not carry any type of weapon on their person or in their vehicle.
- Were charged with certain misdemeanors – some who have been previously charged and convicted of a misdemeanor offense such as domestic abuse, battery and stalking can result in having your gun rights removed.
- Some former military – former military members who were discharged dishonorably may not carry a weapon in California.
- Those with an unsound mind – those who have been adjudicated as mentally incompetent or unstable (including those committed under California’s 5150 (involuntary commitment) may not carry a weapon.
If you are facing any type of illegal possession of a weapons charge you need a San Jose illegal possession attorney with a proven track record. Call WilliamH. Allen Attorney at Law today.