Modesto Gun Charges Attorney

Gun Laws in California 

California has some of the strictest gun laws in the nation. As a result, many people unknowingly and unintentionally violate the law when purchasing, selling, carrying, or keeping a gun. Unfortunately, lack of knowledge of the law is not seen as a valid excuse by law enforcement, prosecutors, or judges. This can result in serious criminal consequences, including jail or prison time, steep fines, and more. A conviction could also lead to a revocation of your right to own or possess a firearm, as well as permanent damage to your reputation. 

If you are facing gun charges in Modesto or anywhere in Stanislaus County, it is important that you contact an experienced criminal defense attorney as soon as possible. At the Law Offices of Richard A. Meyer, we defend clients against all types of gun charges, including the unlawful sale of a firearm, unlawful concealed carrying of a firearm, assault with a deadly weapon, possession of an illegal firearm, and more. Founding attorney, Richard A. Meyer, has more than 21 years of legal experience and has helped thousands of people successfully fight back against serious criminal charges; learn how he can help you with your criminal case today.

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Who Can Buy or Own a Gun in California? 

California law specifically details who may—and who may not—purchase, possess, or own a firearm. 

In addition to passing a background check, an individual must be at least: 

• 21 years old to purchase a handgun in the state of California 
• 18 years old to purchase a shotgun or rifle in the state of California 

When it comes to background checks, the firearm purchaser must pass what is known as the “Dealer’s Record of Sale” (DROS) with a licensed dealer. This is true even if a firearm is purchased at a gun show or if it was bought through a private sale. 

Furthermore, certain individuals are prohibited from buying, owning, or even possessing a firearm and/or ammunition in California.

These individuals include: 

• Convicted felons 
• People convicted of certain domestic violence misdemeanors
• Those subject to certain domestic violence-related court orders 
• Individuals addicted to narcotics 
• People who have been held involuntarily as a danger to themselves or others (pursuant to Welfare and Institutions Code, section 8103)

Additional restrictions exist for certain individuals with mental health conditions, those who have had protective orders (restraining orders) placed against them, people convicted of certain offenses as juveniles, and some individuals on probation.

Is California an “Open Carry” State? 

California is not an open carry state, meaning it is illegal to openly carry a firearm in public, regardless of whether it is loaded or unloaded. Additionally, you may not carry a concealed firearm in public unless you have a specific concealed carry permit allowing you to do so. 

To obtain a valid “carry concealed weapon” (CCW) license, allowing you to lawfully carry a concealed firearm in public, you must contact your local sheriff’s office. Only the sheriff’s office in your county of residence can issue you a CCW. You will also need to meet certain criteria, including minimum age requirements, gun safety training requirements, background checks, and more. 

Illegal Firearms in California 

The state’s gun laws also ban certain types of firearms, ammunition, and firearm accessories. 

Banned items include: 

• Assault weapons (with limited exceptions) 
• Short-barreled shotguns/rifles
• Zip guns (homemade/makeshift guns)

Furthermore, the state imposes restrictions on the following: 

• Armor-piercing bullets
• Silencers 
• Laser scopes
• Laser pointers
• Stun guns 

Being found in possession of a banned or restricted firearm, firearm accessory, or type of ammunition without the proper authorization can result in serious criminal charges. If you or someone you love is facing criminal charges, contact our Modesto gun charges attorney right away for a free initial consultation.