Charged with a gun-related crime? Or just want to understand when it’s legal (or not) to own and carry a gun? You came to the right place.
We’re a statewide criminal defense law firm of former cops and former district attorneys.
With decades of experience in both law enforcement and defense work,1 we’ve become experts in the intricacies of California gun law. If you or a loved one faces charges, call us for help.
In this article, we explain the following:
If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.
California gun laws allow almost anyone to buy a firearm without a license. The only people generally prohibited from acquiring or possessing a gun are:
As long as you don’t fall into one of these categories, there are several ways that you can legally exercise your Second Amendment right to bear arms.
California’s open carry laws
"Open carry" refers to the practice of openly carrying weapons (as opposed to carrying concealed weapons).
California’s open carry laws generally allow you to carry an unloaded, unlicensed firearm in public, as long as the weapon is in plain sight.3 This practice is authorized so long as you are not in a prohibited area. "Prohibited areas" include government buildings, post offices, and school zones under California’s Gun Free School Zone Act.4
Penal Code 12050 PC California "carry a concealed weapon" (CCW) permits
Penal Code 12050 PC authorizes California "carry a concealed weapon" (CCW) permits.5 If you prefer to carry a concealed weapon, instead of "openly carrying" one, the only way to do so (legally anyhow) is with a valid CCW permit. These licenses entitle you to carry a "pistol, revolver, or other firearm capable of being concealed upon your person". CCW permits are issued by your local sheriff or the chief or head of your local municipal police department based upon a showing that
If you receive a valid CCW license, California gun law authorizes you legally to carry a loaded, concealed weapon as long as you abide by the terms and conditions outlined in your permit.
Licensed sale of firearms and weapons
Penal Code 12071 PC sets forth the specific requirements that you must fulfill in order to be a licensed dealer of firearms. As long as you adhere to the laws that regulate California firearms, you are allowed to sell, lease, and transfer authorized guns and weapons.
However, if you sell, lease, or transfer a gun without a license, prosecutors can charge you with Penal Code 12070 PC California’s law against the unlicensed / illegal sale of firearms.7
Numerous California gun laws prohibit carrying firearms under certain circumstances. Possessing or carrying an illegal firearm, or illegally carrying or possessing an otherwise legal firearm, subjects you to substantial criminal penalties. Some of the most relevant California firearm offenses that involve these crimes include (but are not limited to):
Penal Code 12021 PC California’s "felon with a firearm" law
Penal Code 12021 PC California’s "felon with a firearm" law creates a prohibition on three classes of people from owning or acquiring guns:
If you fall within one of these groups…and own, possess, purchase, or receive a gun…you face prosecution under this comprehensive firearms law. And if convicted of Penal Code 12021, your gun rights will be revoked for a minimum of ten years and, perhaps, for life.9
Penal Code 12025 PC California’s "carrying a concealed weapon" law
Penal Code 12025 PC California’s "carrying a concealed weapon" law makes it a crime to carry a concealed weapon on your person or in your vehicle.10 But before prosecutors can convict you under this California firearm law, they must prove that you knew you were carrying a concealed weapon.11
This means that if, for example, someone left his/her gun under the passenger seat of your car without your knowledge, you aren’t guilty of this offense.
Penal Code 12031 PC California’s "carrying a loaded firearm in public" law
Penal Code 12031 PC California’s "carrying a loaded firearm in public" law prohibits just that…carrying a loaded firearm in public.12 This gun law also makes it a crime to carry a loaded firearm in a car. And while it may seem illogical or unjust, prosecutors can charge you with this offense even when the gun is inoperable.13
If your loaded gun is also concealed on your person or in your car, you face prosecution for both carrying a loaded firearm and carrying a concealed firearm. That is, unless you hold a valid CCW permit, which excuses both crimes.
Penal Code 417 PC California’s "brandishing a weapon" law
Penal Code 417 PC California’s "brandishing a weapon" law prohibits "drawing, exhibiting, or using a firearm or deadly weapon".14 If you "brandish" a weapon or firearm in a rude, angry, or threatening manner, prosecutors could charge you with this offense.
It isn’t necessary that you actually intend to cause any harm or that the alleged victim even sees your weapon.15 The crime is complete once you draw, exhibit, or use the weapon in a rude, angry, or threatening manner.
Penal Code 12020 PC California’s law against manufacturing, selling, or possessing dangerous weapons
Penal Code 12020 PC California’s law against manufacturing, selling, or possessing dangerous weapons is quite broad. This California firearm law actually prohibits two distinct crimes.
The first crime is engaging in any of these activities with specific firearms or other "inherently dangerous" weapons. The specific guns and weapons banned by this offense are listed under Penal Code 12020(a)(1) and PC 12020(a)(2).16 Examples include (but are not limited to): "nunchucks", short-barreled shotguns and rifles, and metal "brass" knuckles.
The second crime is found in Penal Code 12020(a)(3) and PC 12020(a)(4) carrying concealed dirks, daggers, or explosive substances.17 "Dirks" and "daggers" are terms that are used interchangeably. They refer to "knives or other instruments with or without a handguard that are capable of ready use as stabbing weapons that may inflict great bodily injury or death".18
Penal Code 12280 PC California’s ban on assault weapons and rifles
Penal Code 12280 PC California’s ban on assault weapons and rifles punishes manufacturing, selling, and/or possessing assault weapons and .50 BMG rifles.19 Although there is no set definition for "assault weapons", they are categorized as "highly dangerous offensive weapons which are unambiguously hazardous".20
Some examples of assault weapons include
Penal Code 12303 PC California’s law against possessing destructive devices or explosives
Penal Code 12303 PC California’s law against possessing destructive devices or explosives prohibits possessing any destructive device other than "fixed ammunition".22 Note that this is a separate offense from Penal Code 12020 PC carrying concealed explosive substances.
Like "assault weapons", there is no set definition as to what constitutes a "destructive device". The most common example is a bomb.
This particular California weapons law carries a wide variety of penalties depending on the facts of the case.
Simple "possession" of one of these instruments subjects you to time in county jail or a maximum three year state prison sentence. "Use" (on top of possession) raises your sentence by one year. Using a destructive device or explosive intending to cause death subjects you to life in prison with the possibility of parole. Actually causing death or great bodily injury subjects you to life in prison without the possibility of parole.23
While illegally carrying a firearm can be quite serious, illegally using a gun is even more so. The following are some common California firearm laws that involve the illegal use of a firearm.
Penal Code 245(a)(2) PC California "assault with a firearm" law
Penal Code 245(a)(2) PC California "assault with a firearm" law prohibits assaulting someone with a firearm. You can violate this law by
The penalties for this offense vary, depending on the specific type of gun that you use.
If you assault someone with a "generic" firearm, prosecutors could charge you with either a misdemeanor or a felony. If you assault someone with an assault weapon, .50 BMG rifle, or a semiautomatic firearm, the offense elevates to an automatic felony that carries a substantial prison sentence.24
Penal Code 246 PC California’s law against shooting at an inhabited dwelling or occupied car
Penal Code 246 PC California’s law against shooting at an inhabited dwelling or occupied car punishes shooting at an inhabited house, occupied building, or occupied car.25 "Inhabited" means lived in, even if the occupants are not home.26
In reality, shooting directly "at" one of these targets isn’t even necessary. Prosecutors can charge you with Penal Code 246 for simply shooting in close proximity to an inhabited dwelling, occupied building, or occupied car.27
And on that note, prosecutors can also charge you even if you don’t personally do the shooting (so long as you aid or abet the shooter in his/her efforts).28
Penal Code 246.3 PC California’s "negligent discharge of a firearm or BB device" law
Penal Code 246.3 PC California’s "negligent discharge of a firearm or BB device" law is closely related to Penal Code 246 PC. Both offenses involve intentionally shooting a gun under circumstances that are likely to cause great bodily injury or death. The difference is that PC 246 involves shooting at a direct target, whereas PC 246.3 does not.
Each California gun law carries its own penalties. Some are misdemeanors. Some are straight felonies. Others are "wobblers" which mean that prosecutors can use their discretion to determine whether to charge the offense as a misdemeanor or a felony.
Judges look to four main factors to determine what penalty to impose:
California firearm sentencing enhancements
There are a large variety of sentencing enhancements that apply to California firearm offenses. Some are rather obscure and limited in scope while others cover a broad range of conduct and are frequently imposed.
A sentencing enhancement "enhances" your prison sentence by making it longer. If you are convicted of a gun offense and a corresponding sentencing enhancement, you serve the sentence imposed for the underlying felony as well as the additional sentence imposed for the enhancement.
It is important to understand that you cannot be convicted of a sentencing enhancement by itself. In order to suffer a sentencing enhancement, prosecutors must first convict you of an underlying felony charge.
The most common firearm sentencing enhancements are California’s enhancement for the personal use of a gun, the "10-20-life ‘use a gun and you’re done’" law, and the criminal street gang sentencing enhancement. Let’s take a look at each in that order.
Penal Codes 12022 and 12022.5 PC California’s sentencing enhancements for personally using a gun
Penal Codes 12022 and 12022.5 PC California’s sentencing enhancements for personally using a gun subject you to a one to ten-year prison sentence (in addition and consecutive to the sentence you receive for the underlying felony).
The length of the enhancement depends on three primary factors:
Penal Code 12022.53 PC California’s "10-20-life ‘use a gun and you’re done’" law
Penal Code 12022.53 PC California’s "10-20-life ‘use a gun and you’re done’" law is among the strictest in the nation. However, this sentencing enhancement only applies to 19 enumerated serious or violent felony offenses and to any other felony offense that is "punishable by death or imprisonment in the state prison for life". Liability under this law also extends to "attempts" to commit any of these felonies.30
California’s "10-20-life" law subjects you to ten years in prison for "using" a gun, twenty years for firing a gun, and 25 years to life for killing or seriously injuring another person with a gun…and this is in addition and consecutive to the sentence you receive for the underlying felony conviction.
Penal Code 186.22 PC California’s criminal street gang enhancement
Penal Code 186.22 PC California’s gang enhancement is also quite severe. This law punishes gang members and their associates for committing crimes that are "for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members".
Penal Code 186.22 PC also punishes those individuals who are active participants in a gang, even if they are not themselves gang leaders or, for that matter, even gang members.
If convicted the street gang sentencing enhancement, you could face as little as an additional two years in prison to as much as a life sentence, depending on the underlying felony offense.31
Loss of your right to own or acquire firearms
If you are convicted of any felony, your right to own, possess, or acquire a firearm will be revoked for life.32 Certain misdemeanor firearm offenses will also trigger the same restriction. These include
In addition, there are also a variety of misdemeanor offenses that are unrelated to California gun offenses that still trigger a ten-year firearms ban.34 And misdemeanor crimes of domestic violence can cause you to lose your gun rights, including a lifetime firearms ban under federal law.35
But depending on the underlying charge that initiated your firearms ban, there may be a way to restore your California gun rights.
As Palm Springs criminal defense attorney Michael Scafiddi36 explains, "Having a felony reduced to a misdemeanor, obtaining a certificate of rehabilitation, or obtaining a governor’s pardon offer some relief if you seek to restore your California gun rights.37 But even these tools have restrictions, which is why it’s important to consult with a criminal defense lawyer who specializes in California gun laws before trying to acquire firearms following a criminal conviction."
California’s Three Strikes Law
California Three Strikes Law isn’t relevant to all California gun laws. But any felony in which you personally use a firearm counts as a potential strike.38
If you are subsequently charged with any felony and have a prior "strike" on your record, you will be considered a "second striker," and your sentence will be twice the term otherwise required by law.39
If charged with a third felony, and you have two prior strikes, you will be referred to as a "third striker" and will serve a mandatory minimum sentence of 25 years-to-life in California state prison.40
California firearm offenses and aliens
Finally, if you are not a U.S. citizen, a California firearms conviction could additionally result in deportation.41 For more information about how California’s gun laws affect aliens, please visit our article on California crimes that lead to deportation.
For more information about California firearm offenses, or to discuss your case confidentially with one of our attorneys, please don’t hesitate to contact us at Shouse Law Group.
Our California criminal law offices are located in and around Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.
Additionally, our Las Vegas Nevada criminal defense attorneys are available to answer any questions relating to Nevada’s firearms laws. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.42
1Our California criminal defense attorneys represent clients accused of violating California firearm offenses in Los Angeles, Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.
2For a detailed description of the firearms bans on these individuals, please see our article on Restoring Your California Gun Rights.
3There is no law that specifically authorizes California’s open carry practice. Rather, the legality of open carry laws is based on the premise that it isn’t prohibited by any existing California gun laws.
4California Penal Code 626.9 PC -- The Gun-Free School Zone Act. ("(a) This section shall be known, and may be cited, as California’s Gun-Free School Zone Act of 1995. (b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f)….(d) Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (1) of subdivision (e)…(e)(1) "School zone" means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school.")
5California Penal Code 12050 PC -- Concealed weapons permits. ("(a)(1)(A) The sheriff of a county, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying satisfies any one of the conditions specified in subparagraph (D) and has completed a course of training as described in subparagraph (E), may issue to that person a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person.") If you hold a valid CCW permit, that will act as a defense to the California firearm offense of carrying a concealed weapon.
6See same.
7Penal Code 12070 PC California’s law against the unlicensed / illegal sale of firearms
8Penal Code 12021 PC California’s "felon with a firearm" law
9See same.
10California Penal Code 12025 PC -- Carrying a concealed weapon on your person or in a vehicle. ("(a) A person is guilty of carrying a concealed firearm when he or she does any of the following: (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person. (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person. (3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.") Holding a valid CCW permit will serve as a defense to this California firearm offense.
11There are a variety of jury instructions that are applicable to Penal Code 12025 PC, California’s "carrying a concealed weapon on your person or in a vehicle" law. These include CALJIC 12.46, 12.46.1, 12.46.2, 12.47, 12.47.1, 12.47.2, 12.47.5, 12.46.6, and 16.460. Each of these contains at least the following two elements: (1) that the defendant carried a concealed firearm, and (2) that the defendant knew of the presence of the firearm.
12California Penal Code 12031 PC -- Carrying a loaded firearm in a public place. ("(a)(1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.") Again, holding a valid CCW permit may serve as a defense to this California firearm offense.
13People v. Taylor (1984) 151 Cal.App.3d 432, 437. ("The obvious intent of the legislature in each instance is to proscribe aspects of firearm possession to protect society. As has been pointed out, it does not matter the firearm does not work when it is seen by a victim of crime, an innocent bystander or a member of law enforcement. The possession of a firearm under the enumerated circumstances constitutes a threat…A firearm need not be operable to convict under [California] Penal Code section 12031, subdivision (a).")
14California Penal Code 417 -- Drawing, exhibiting, or using firearm or deadly weapon; self defense; peace officers. ("(a)(1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days. (2) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable as follows: (A) If the violation occurs in a public place and the firearm is a pistol, revolver, or other firearm capable of being concealed upon the person, by imprisonment in a county jail for not less than three months and not more than one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. (B) In all cases other than that set forth in subparagraph (A), a misdemeanor, punishable by imprisonment in a county jail for not less than three months.")
15People v. Norton (1978) 80 Cal.App.3d Supp. 14, 26. ("In a prosecution under Penal Code section 417 subdivision (a), the prohibited use of the firearm or deadly weapon is defined by statute. It is not necessary to show that the possessor intended to inflict injury on a victim. Once it is shown that the weapon is exhibited in a rude, angry and threatening manner, the [California firearm] offense is complete.")
See also People v. McKinzie (1986) 179 Cal.App.3d 789, 794. ("We have found other cases which, although failing to consciously enunciate all elements of a Penal Code section 417, subdivision (a)(2) violation, clearly indicate that the victim's awareness of the weapon that is "in her presence" is not one of them.")
16California Penal Code 12020 PC -- Manufacture, import, sale, supply or possession of certain weapons and explosives; punishment; exceptions; definitions. ("(a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison [for this California firearm offense]: (1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any fléchette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag. (2) Commencing January 1, 2000, manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends, any large-capacity magazine.")
17California Penal Code 12020(a)(3) and (a)(4) PC -- Carrying concealed dirks, daggers, or explosive substances. ("(a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:…(3) Carries concealed upon his or her person any explosive substance, other than fixed ammunition. (4) Carries concealed upon his or her person any dirk or dagger.")
18California Penal Code 12020 – Carrying a concealed explosive substance, dirk, or dagger. ("(24) As used in this section, a "dirk" or "dagger" means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death.")
19California Penal Code 12280 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. ("(a)(1) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction [for this California firearm offense] shall be punished by imprisonment in the state prison for four, six, or eight years…(b) Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment in the state prison… (c) Any person who, within this state, possesses any .50 BMG rifle, except as provided in this chapter, shall be punished by a fine of one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed one year, or by both that fine and imprisonment.")
20The California Attorney General maintains "the weapons listed in California Penal Code section 12276, which lists over 50 types of assault weapons, are ‘highly dangerous offensive weapons which are unambiguously hazardous. Assault weapons are typically used by soldiers in a war...."
21California Penal Code 12276 PC -- Assault weapons. This code lists over 50 types of illegal assault weapons.
22California Penal Code 12303 PC -- Possession of destructive devices. ("Any person, firm, or corporation who, within this state, possesses any destructive device, other than fixed ammunition of a caliber greater than .60 caliber, except as provided by this chapter, is guilty of a public offense and upon conviction thereof shall be punished by imprisonment in the county jail for a term not to exceed one year, or in state prison, or by a fine not to exceed ten thousand dollars ($10,000) or by both such fine and imprisonment.")
23See same. See also California Penal Code 12308 PC -- Explosion, attempt to explode or ignite destructive device or explosive with intent to murder; felony; punishment. ("Every person who explodes, ignites, or attempts to explode or ignite any destructive device or any explosive with intent to commit murder is guilty of a felony, and shall be punished by imprisonment in the state prison for life with the possibility of parole [for violating this California firearm offense].")
See also California Penal Code 12310 PC -- Unlawful explosion or ignition of destructive device or explosive causing death, mayhem or great bodily injury; felony; punishment. ("(a) Every person who willfully and maliciously explodes or ignites any destructive device or any explosive which causes the death of any person is guilty of a felony, and shall be punished by imprisonment in the state prison for life without the possibility of parole. (b) Every person who willfully and maliciously explodes or ignites any destructive device or any explosive which causes mayhem or great bodily injury to any person is guilty of a felony, and shall be punished by imprisonment in the state prison for life [for violating this California firearm offense].")
24California Penal Code 245 PC -- Assault with a firearm. ("(2) Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment. (3) Any person who commits an assault upon the person of another with a machinegun, as defined in Section 12200, or an assault weapon, as defined in Section 12276 or 12276.1, or a .50 BMG rifle, as defined in Section 12278, shall be punished by imprisonment in the state prison for 4, 8, or 12 years. (b) Any person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years.")
25California Penal Code 246 PC -- Shooting at an inhabited dwelling. ("Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar, as defined in Section 362 of the Vehicle Code, or inhabited camper, as defined in Section 243 of the Vehicle Code, is guilty of a felony [for violating this California firearm law], and upon conviction shall be punished by imprisonment in the state prison for three, five, or seven years, or by imprisonment in the county jail for a term of not less than six months and not exceeding one year. As used in this section, "inhabited" means currently being used for dwelling purposes, whether occupied or not.")
26See same.
27CALJIC 9.03 -- Shooting at an inhabited dwelling. ("Shooting at a particular object is not limited to shooting directly "at" that object. It also includes shooting in such close proximity to the target that a probable consequence of the shooting is that one or more bullets either will strike the target or persons in or around it, and the shooter acted with a conscious disregard for this probable consequence.")
See also People v. Overman (2005) 126 Cal.App.4th 1344, 1355. ("As we explain, [California Penal Code] section 246 is not limited to shooting directly at an inhabited or occupied target. Rather, it [this California firearm offense] proscribes shooting either directly at or in close proximity to an inhabited or occupied target under circumstances showing a conscious disregard for the probability that one or more bullets will strike the target or persons in or around it.")
28People v. Blackburn (1999) 72 Cal.App.4th 1520, 1531. ("The offense of shooting at an occupied motor vehicle can be committed without personally using a firearm - e.g., when the defendant has aided and abetted the shooter. ( People v. Piper, supra, 42 Cal.3d at pp. 475-476, 229 Cal.Rptr. 125, 722 P.2d 899.)")
29See California Penal Codes 12022 and 12022.5 PC
30California Penal Code 12022.53 PC -- California’s "10-20-life ‘use a gun and you’re done’" law
31California Penal Code 186.22 PC -- California’s criminal street gang enhancement.
32California Penal Code 12021 PC -- California’s felon with a firearm law. ("(a)(1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony.")
33These are the California firearm offenses listed in Penal Code 12001.6 listed in Penal Code 12021 PC, above.
34California Penal Code 12021 PC -- California’s felon with a firearm law. ("(c)(1) Except as provided in subdivision (a) or paragraph (2) of this subdivision, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of Section 12034, Section 12040, subdivision (b) of Section 12072, subdivision (a) of former Section 12100, Section 12220, 12320, or 12590, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in paragraph (3) of subdivision (g) of Section 12072, and who, within 10 years of the conviction, owns, purchases, receives, or has in his or her possession or under his or her custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this subdivision. ")
35Misdemeanor crimes of domestic violence -- 18 U.S.C. 921. ("(33)(A) Except as provided in subparagraph (C), [FN2] the term "misdemeanor crime of domestic violence" [as used in the Lautenberg Amendment 18 U.S.C. 922(g)(9)] means an offense that-- (i) is a misdemeanor under Federal, State, or Tribal [FN3] law; and (ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim (B)(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless--(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either (aa) the case was tried by a jury, or (bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.")
36Palm Springs criminal defense attorney Michael Scafiddi uses his former experience as an Ontario Police Officer to represent clients accused of violating California’s gun laws in San Bernardino, Riverside, Banning, Fontana, Joshua Tree, Barstow and Victorville.
37Having a felony reduced to a misdemeanor, obtaining a certificate of rehabilitation, or obtaining a governor’s pardon may entitle you to relief from your state or federal firearms prohibition, depending on the circumstances of the California firearm offense. If the felony is reduced to a misdemeanor that carries no firearms restriction, then the ban is lifted. If the felony is reduced to a misdemeanor that carries a ten-year ban, you must wait the ten year period. If the underlying felony involved a firearm, unfortunately, there is no way to restore your firearms rights.
38California Penal Code 1192.7(c) PC. ("As used in this section ‘serious felony’ means…(8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm.")
39California Penal Code 667 -- Habitual criminals; enhancement of sentence; amendment of section -- California Three Strikes law. ("(e) For purposes of subdivisions (b) to (i), inclusive, and in addition to any other enhancement or punishment provisions which may apply, the following shall apply where a defendant has a prior felony conviction: (1) If a defendant has one prior felony conviction that has been pled and proved, the determinate term or minimum term for an indeterminate term shall be twice the term otherwise provided as punishment for the current felony conviction. (2)(A) If a defendant has two or more prior felony convictions as defined in subdivision (d) that have been pled and proved, the term for the current felony conviction shall be an indeterminate term of life imprisonment with a minimum term of the indeterminate sentence calculated as the greater of: (i) Three times the term otherwise provided as punishment for each current felony conviction subsequent to the two or more prior felony convictions. (ii) Imprisonment in the [California] state prison for 25 years…")
40See same.
418 U.S. Code Section 1227 -- Deportable aliens. ("(a) Classes of deportable aliens. Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens…(2) Criminal offenses…(C) Certain [California] firearm offenses -- Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18) in violation of any law is deportable.") This is why we say that violating any of California’s gun laws are California crimes that can lead to deportation.
42Please feel free to contact our Nevada criminal defense attorneys Michael Becker and Mike Castillo for any questions relating to Nevada’s firearm laws. Their Nevada law offices are located in Reno and Las Vegas.
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