California, like most states in the country, has a number of laws prohibiting the carrying of and use of firearms. It has been argued on more than one occasion that these laws are a violation of the 14^th Amendment, but most of them have been put in place in the interests of public safety. With that being said, you do have the right to bear arms, provided that right hasn’t been suspended or revoked as the result of you having been convicted of a felony or of specified misdemeanors such as domestic violence. If you have been charged with a gun possession or weapons offense, contact the law office of Pasadena Criminal Defense Attorney Ann Gottesman at (626) 710-4021.

Assault weapons are banned in California under the Roberti-Roos Assault Weapons Control Act of 1989. That same act also banned certain handguns and rifles, with the exceptions being ownership prior to 1989 or cases where non-resident Active Duty military members bring their assault weapons into California when permanently assigned to a military installation within the state. In either case, the parties owning weapons on the Roberti-Roos list need to register those weapons with the State of California. The law has been challenged on a number of occasions, but the ban is still in effect. It was in fact expanded by the .50 Caliber BMG Regulation Act in 2004 to include a number of semi-automatic weapons also.  (To review important information regarding assault weapons, see the “Frequently Asked Questions” page on the Department of Justice website, at: http://ag.ca.gov/firearms/regagunfaqs.php .)

Short barrel rifles or sawed-off shotguns are also illegal in California, but handguns are not. You can apply for a license to carry a concealed handgun with the County Sheriff or Chief of Police. This process has also been challenged on a number of occasions, because it is exclusionary and clearly favors those who are in the good graces of law enforcement officials. There are no set guidelines for the issuers to follow, so there’s plenty of room for abuse of power and privilege. Individuals refused a concealed weapons permit have very little grounds to have the issue revisited.

Carrying an unconcealed loaded handgun is a different situation altogether. It is legally allowed in most rural areas, restricted in incorporated areas (inside the city limits), unless a permit is issued by a County Sheriff or Chief of Police. No license or permit is required to openly carry a loaded firearm in unincorporated areas where discharge is not prohibited by local ordinance. If you’re going on vacation and wish to carry a handgun with you, check the classification of the location you’re visiting to confirm whether or not it’s on the restricted list.

There are many local ordinances, but there is no section of the California penal code that specifically prohibits open carry of an unloaded handgun. Possession may be restricted or prohibited in certain areas such as State Parks (CCR Title 14, Div.3, chap. 1, s 4313 (a)), school zones (PC626.9), or federal properties such as a Post Office or National Park (36 C.F.R. 2.4(a)).

If you have been charged with possession of a firearm, assault with a deadly weapon, or any other weapon related criminal offense, it is important to have a knowledgeable and caring criminal defense attorney fighting to protect your rights and your freedom.  Contact the Law Office of Pasadena Criminal Defense Lawyer Ann Gottesman at (626) 710-4021 to learn more.