San Diego Guns and Weapons Lawyer

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Under the Second Amendment to the US Constitution, many weapons can be lawfully possessed.  Most citizens may own a firearm and keep it in their homes, or transport it to and from a gun range.  With additional permits, many Californians are licensed to carry and carry a concealed weapon.  Additionally, many pocket and hunting knives may lawfully be owned, possessed and carried lawfully.  As such, it is important to note that weapon possession is not automatically a crime, and that in many cases, weapons can be possessed lawfully and without incident.

On the other hand, there is a lot of conduct relating to weapons that can lead to arrest and some very serious criminal charges. 
With both a large gang problem and a large military presence, San Diego has more guns per capita and per household than any other major city in California.  Guns are bought and sold both legally and illegally and used in both unlawful and lawful ways.  Carrying a concealed weapon (PC 25400), brandishing a firearm (PC 417), carrying a loaded firearm in public (25850), being a felon in possession of a firearm (PC 29800), possession of an assault weapon (PC30600), possession of a firearm on school grounds (PC 626.9) and possessing a "generally prohibited weapon" such as brass knuckles, switchblades and sawed off shotguns (PC 16590) can all lead to very serious felony charges.  Additionally, HS 11370.1 makes it a felony to be armed with a firearm and possess narcotics, a crime punishable by up to 4 years in prison.

In addition to charges for unlawful use or possession of firearms and other weapons, there are enhanced penalties for use of a weapon during the commission of another crime. 
Some of these "enhancements" include: being armed with a firearm during the commission of a felony (PC 12022), possessing ammunition designed to penetrate metal or armor (PC 12022.2), using or possessing a firearm during the commission of certain sex offenses (PC 12022.3), furnishing/attempting to furnish another with a firearm to aid that person in committing a felony (PC 12022.4), personally using firearms, assault weapons, machine guns, etc. during the commission of a felony (PC 12022.5), personally using a firearm during the commission of a serious felony (PC 12022.53) and discharging a firearm during the commission of a felony (PC 12022.55).  California firearm sentencing enhancements carry very serious penalties, including additional time in California state prison, in addition to (consecutive) to the time faced for the underlying felony crime.

The best defense in firearm cases typically revolves around unlawful search and seizure issues.  If the police violate a defendant's Fourth Amendment rights, a motion may be brought to exclude the firearm and other evidence, pursuant to PC 1538.5.  Lack of actual possession or knowledge is another common defense, often applicable when a firearm is found in a location accessible to multiple people.

Weapon offenses in San Diego often carry serious consequences, including: permanent felony convictions, jail or prison time, future weapon restrictions and very harsh immigration consequences.  If you or a loved one has been arrested or charged with a weapon offense, it is important to hire a passionate, aggressive and knowledgeable criminal defense attorney to defend you.  Possession offenses can be difficult to defend, and it is vital to have passionate, aggressive, knowledgeable and experienced representation on your side.  Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a San Diego Criminal Defense Attorney.

In addition to defending clients charged with weapon offenses, our office can help clean up your record to restore gun rights.  Restoring gun rights in California is a difficult process, but there are two ways to restore firearm rights once previously convicted of a felony.  Certain felonies are eligible for reduction to a misdemeanor under 17b, while other convicted felons may be able to obtain a certificate of rehabilitation to restore their rights.  Call our office for a free consultation if you have questions about expunging or cleaning up your record, sealing a juvenile record or attempting to restore gun rights after a felony conviction.


Some Examples of San Diego Weapons Charges:
1.  Jeff was previously convicted of robbery, and was charged with discharging a firearm during the commission of the robbery.  He served 5 years in prison on that case.  Jeff was recently pulled over by police, searched and found to be in possession of a firearm.  He is arrested and charged with a felony.  His lawyer challenges the traffic stop and the search at the preliminary hearing and the case is dismissed.  Facing a long time in prison, Jeff is now released and will not suffer a new conviction or any additional penalties.

2.  Ryan is a gun collector.  He has a large collection of handguns, rifles, shotguns, as well as automatic weapons and assault rifles.  On a tip, police obtain a search warrant and search Ryan's house.  Finding that the guns violate California's assault weapon ban, the police arrest Ryan and charge him with a felony.  Ryan's lawyer can challenge the search warrant as well as whether Ryan actually possessed the weapons, whether the weapons are in fact covered by the ban and more. 


3.  Eric was convicted of possession of a controlled substance for sale in 1998.  Ever since, he has been banned from owning a weapon under both California and Federal Law.  If he unlawfully possesses a firearm, he is subject to imprisonment in state or federal prison as a felon in possession of a firearm.  While Eric's conviction is not eligible for a 17b reduction to a misdemeanor, he might be a prime candidate for a certificate of rehabilitation.


If you or a loved one has been arrested or charged with a weapon offense or other crime in San Diego, contact the Law Offices of Nicholas Loncar for a free consultation with a San Diego Criminal Defense Attorney.  We can discuss the details of your case, the strengths, weaknesses and defenses and discuss the possible and likely outcomes in cases like yours.  You need a passionate, aggressive and dedicated criminal defense attorney on your side to fight for your Constitutional rights, negotiate on your behalf and file the right motions to get the best possible outcome in your case.

Nicholas M. Loncar, Esq.
San Diego Criminal Defense Attorney
San Diego DUI Lawyer
www.iDefendSanDiego.com
t: 619-930-9515
f: 619-930-9516
nick@idefendsandiego.com
 


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