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Gun Possession Charges

Mark Broughton > Gang Crimes > Gun Possession Charges
Mark Broughton > Gang Crimes > Gun Possession Charges

Gun Possession

Most adults in California are allowed to buy a gun without a license and keep it within your house or place of business (if you own it). You can also legally carry the gun from one place to another in a locked container. In order to purchase a handgun, you must own a valid handgun safety certificate.

Prohibition of Gun Possession

Some people are prohibited from possessing a gun in California. These include:

  • Anyone convicted of a felony
  • Anyone addicted to narcotics
  • Anyone with 2 or more convictions of brandishing a weapon
  • Anyone convicted of certain misdemeanors
  • Anyone who suffers from mental illness
  • Anyone under the age of 18 (minors)


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Felon with a Firearm

It’s illegal for a convicted felon, those convicted of certain misdemeanors, and anyone addicted to narcotics to own, possess, purchase, or receive a firearm (Penal Code 29800).

If this law is violated your gun rights can be revoked for 10 years minimum. Sometimes your gun rights can be revoked for life. If you under are the age of 18, your gun rights will be revoked until you reach age 30.

gun possession charges

Carrying a Concealed Firearm

It is illegal to carry a concealed firearm on you or in your vehicle. You have to have known that you were carrying a concealed firearm in order to be guilty of it.

You are allowed to move a firearm that you legally own as long as it’s unloaded or carried in a vehicle in a locked trunk or locked container or by you to or from a vehicle in a locked container.

Carrying a concealed firearm becomes a felony if:
  • You have previously been charged with a felony or firearm offense
  • The firearm was stolen and you knew about it or had reasonable cause to believe that it was stolen

Penalties for Carrying a Concealed Firearm

As long as there is no aggravating circumstance, this crime is a misdemeanor. Under certain circumstances, it can be charged as a felony. Both as a misdemeanor and a felony, the penalties include incarceration time and high fines. Cases prosecuted in federal court could face much more severe punishment.

  • You are active in a criminal street gang
  • You don’t possess the firearm lawfully
  • You are prohibited under California’s felon with a firearm law from possessing a firearm
  • You are prohibited from possessing a firearm for committing or attempting to commit a violent offense

Brandishing a Weapon

The brandishing of a weapon law makes it illegal to draw, exhibit, or use a firearm or deadly weapon in a rude, angry, or threatening manner. You don’t have to intend to cause harm to be guilty of this offense.

Penalties for Brandishing a Weapon

Brandishing is a wobbler, meaning it can be charged as a misdemeanor or a felony depending on the circumstances and criminal history.
The penalties as a misdemeanor include a minimum of imprisonment and/or a maximum fine of $1,000.
The penalties as a felony include imprisonment.

Legal Defenses for Gun Crimes

If you have a legal permit to carry a concealed weapon, then it’s is not illegal for you to carry a concealed weapon. It needs to be proven that you have a valid license.

It’s possible to be exonerated for carrying a concealed weapon if you reasonably believed that your life was in serious danger because of threats made against you that would justify a court-ordered restraining order.

You have to have the knowledge that you were carrying a firearm in order to be guilty of it. If you honestly weren’t aware that you had a firearm on your person, then it can be used as a defense.

The Fourth Amendment protects you from unreasonable searches and seizures. In order for the police to search you, they have to either have a valid California search warrant, have probable cause to search or have your permission to search you or your property.

Have you been legally accused of committing a gun possession crime? If you have been arrested or charged with a crime, it is essential to obtain legal council for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an attorney who understands your situation and the consequences you face.

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Phone: 559-691-6222

Your Defense Attorney for Gun Possession Charges

I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Felonies, Federal Crimes, Federal White Collar Crimes, Violent Crimes, Gang Crimes, and Sex Crimes to name a few.

10.0Mark A. Broughton
Mark A. BroughtonReviewsout of 23 reviews

About Mark Broughton:

Compassionate, highly experienced, exceptional reputation, ethical and honest:

Mark Broughton has been practicing law for over 40 years. He estimates that he has conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.

He has received many outright Not Guilty verdicts for his clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found his clients Not Guilty in four separate cases in a row.

Mark Broughton is qualified as a death penalty lawyer and is on the special circumstances/death penalty panel of attorneys in Fresno, California, where he is regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court.

Other Qualifications:
  • Certified Specialist Criminal Law, State Bar of California
  • Board of Trustees, State Bar of California
  • Chairman, Fresno County Bar Association, Criminal Law Section

Mark Broughton enjoys close relationships with his clients.  He sees every individual’s situation with compassion and empathy and believes that every person has the right to a fair trial and is innocent until proven guilty.

Above all, he enjoys helping reunite his clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them.

Practice Areas

  • Federal Crime 40%
  • White Collar Crime 20%
  • Violent Crime 20%
  • Criminal Defense 10%
  • Sex Crimes 10%

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