Illegal Possession of Weapon

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Criminal Defense Attorney in Sacramento California

Penalties for Illegal Weapon Possession Can Be Severe

Unlawful possession of a weapon is also known as the illegal possession of a weapon by an individual that does not have authorization to possess the weapon. There are many laws granting Californian’s the right to legally own a weapon. However, there are numerous other laws and regulations that restrict them from owning certain weapons as well. Weapons that are banned are restricted from public ownership; some of which are:

  • Firearms illegal to all civilians;
  • Sawed-off shotguns;
  • Machine guns;
  • Explosives and bombs; and
  • Switch blades.

Owning or being in possession of any of the weapons listed above is known as illegal possession of a weapon, a serious offense in California.

One of the most common weapons that individuals are unlawfully in possession of are firearms. While the 2nd Amendment to the Federal Constitution protects the individual right to own firearms, that right is not unlimited; you are still subjected to gun control laws. There is a vast array of laws and restrictions that gun-owners must follow in California. Some of the laws that govern possession of firearms are listed Pen. Code – 12280-12282. They include firearms that are illegal in California, or firearms that are legal but that you do not have permission to own.

Further, it is illegal for anyone that satisfies one or more of the criteria below to own or be in possession of a weapon:

  1. You were convicted of a felony,
  2. Are a drug addict, or
  3. You are a present or former mental patient;
  4. You were ever committed for mental observation, or
  5. You were or acquitted by reason of insanity to own or possess any firearm.

Moreover, people with certain misdemeanor convictions involving force or violence may not possess or own any firearm within 10 years of the conviction.

The type and severity of the charges you could face for illegal gun possession change according to your personal circumstances, where you were during the time of the alleged crime, whether the gun was loaded and whether it was concealed. It is possible for an individual to be charged with a misdemeanor or a felony offense and serve a few months in jail up to a few decades in prison.

An illegal possession of a weapon charge is very complicated, and so are the penalties. Contacting an experienced criminal attorney Sacramento CA who will carefully review the facts of your case and the law to give you the best representation possible is extremely important. If a loved one or you has been charged with illegal possession of a weapon, call our office today. Sentencing and punishment for illegal possession of a weapon can be severe and potentially life changing. We are prepared to provide you with the legal help you need. The initial consultation is free.

Call Criminal Attorney in Sacramento CA

Being convicted on gun charges can carry severe penalties. The Law Office of Wing & Parisi is dedicated to providing exceptional customer service and excellent legal representation for those charged with any gun crimes.

Whether it’s your first charge or your second, you need a dedicated and skilled attorney by your side. Contact us online or call at (916) 441-4888 for a free and confidential case consultation, available in Spanish. We appear in state and federal courts in the Sacramento and Davis communities as well as throughout Placer and San Joaquin counties.


If you have been arrested and charged with a crime contact Sacramento criminal defense lawyer at the Law Office of Wing & Parisi for free consultation.