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Gun Laws » What Charges Can I Face If My Child Finds a Gun in the House?
If you possess a firearm in California and a child gets a hold of it in your home, you can face a number of criminal charges. This is true even if you legally possess the firearm.
Sadly, there are stories in the news almost every week in which a child manages to find a gun leading to often tragic consequences when the gun accidentally is fired. Gun owners in California have legal responsibilities to prevent that from happening, and can be charged with a crime if they have failed to secure and store a firearm in their home and someone gets hurt or killed.
There are two specific sections of the California Penal Code that relate to “criminal storage of a firearm”:
Criminal storage of a firearm in the second degree is punishable by imprisonment in a county jail for up to one year and/or a fine of up to $1,000.
Neither of the criminal storage offenses applies when the firearm is kept in a locked container or locked with a locking device that has rendered the firearm inoperable. (Penal Code Section 25105).
In addition to charges for violation of California “safe storage” laws, you could face additional criminal charges such as child endangerment per Penal Code 273a PC if a child finds a gun you own. If you are facing any charges relating to guns or firearms in California, please give one of our experienced California criminal defense attorneys a call today. (Read our article about private gun transfers in California.)
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
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