Owning an unregistered handgun in California is not a crime. But possession of an unregistered firearm in California outside of your home or business without a concealed carry license is — whether the weapon is concealed or carried openly. And when there is evidence that you were carrying an unregistered handgun, you could receive a harsher sentence. For this reason, it’s wise to make sure that any firearms you own are registered.
California has particularly strict gun laws. Many innocent or well-intentioned people find themselves facing the possibility of harsh fines and lengthily jail sentences for firearms-related offenses. At McElfresh Law, our goal is to help good people get back on the right side of the law. If you’re facing firearms-related charges in California, we can help.
How a Firearm’s Registration Might Affect Your Charges
If you’ve been charged with carrying a loaded gun according to California Penal Code section 12031, and there is evidence that you are not registered with the Department of Justice as the firearm’s owner, you may face a felony entry on your record if convicted.
While the maximum sentence for this specific offense is similar to that of the misdemeanor version of carrying a loaded weapon (one year in prison and / or a $1,000 fine), having a felony entry on your criminal record may affect your right to own or carry weapons in the future, and enhance the sentence for any future convictions you may receive.
California Penal Code sections 12025 and 25850 forbid carrying handguns and concealed firearms without a license. If a police officer arrests you for concealed carry while having probable cause to believe your gun to be unregistered, and it also turns out that your gun was loaded, you may face an enhanced felony sentence of one to three years in jail along with an optional fine of $1,000.
The fact of a gun’s lack of registration alone is never enough to warrant charges against you, but it can result in a harsher punishment for a firearms infraction. Registering your firearms under you name with the Department of Justice can help you avoid extra fines or jail time if you ever get charged with openly carrying a loaded gun or carrying a concealed firearm.
How a San Diego Unregistered Firearm Attorney Can Help
Getting charged with a firearms related crime can be an overwhelming and stressful experience. That’s why working with McElfresh Law can make all the difference. Our goal is to help people like you secure their rights and freedoms when facing criminal charges, and we will pursue every possible avenue in defending your case. Jessica McElfresh is a San Diego gun charges lawyer who has built her reputation on providing aggressive legal representation to clients facing complex criminal charges. If you’re facing charges for the possession of an unregistered firearm in California, or want to know more about California’s firearms laws, you can call San Diego weapons lawyer Jessica McElfresh with McElfresh Law today for a confidential and free consultation of your case at (858) 756-7107.