(559) 691-6222
2300 Tulare Street, Suite 215 Fresno, CA 93721

Gun Possession Attorney Fresno

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 gun possession? If you have been arrested or charged with gun possession, 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 a criminal defense attorney who understands your situation and the consequences you face.

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Phone: 559-691-6222

Your Defense Attorney for Gun Possession

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 Violent Crimes such as Gang Crimes, Gun Charges, Domestic Violence, and Kidnapping to name a few.

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

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, White Collar Crimes, Violent Crimes, MurderGang Crimes and Sex Crimes to name a few.

10.0Mark A. Broughton
fresno lawyer

Legal Experience

I began my legal career in San Diego where I practiced criminal law, civil litigation, and personal injury.  After a very successful practice there for 17 years, my family and I moved to Fresno, California, in 1995.  Since that time, I have practiced exclusively criminal law. I was the Chief Defense Attorney for a 17 attorney criminal defense law firm that handled 3-4,000 felony cases a year. I left that firm to associate and partner with a very successful criminal law practitioner where I am continuing my commitment help protect the Constitutional rights of my clients.

I estimate that I have 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.

Results

I have received many outright Not Guilty verdicts for my clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found my clients Not Guilty in four separate cases in a row.  I have handled all kinds of criminal and related criminal proceedings, from violation of probation and parole hearings, DMV hearings, writs & appeals, and many other types of proceedings in the criminal process.

I have practiced all over California, in both state and Federal Court. I am qualified as a death penalty lawyer and am on the special circumstances/death penalty panel of attorneys in Fresno, California, where I am regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court. One of my greatest pleasures over my long career has been to teach and train young lawyers and law students.  Most of them have gone on to be successful lawyers in their own right, and have triumphantly represented their own clients in an honest and professional way.

Community Involvement & Family

I have been involved in many community organizations, taught classes at the local law school, been a Mock Trial Attorney Judge and team coach, served as Judge Pro-Tempore for the Fresno County Superior Court, given many seminars to other attorneys, and started an organization for criminal defense lawyers to share useful information among themselves.  Above all, I enjoy helping reunite my 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.  This is particularly true where alcohol or substance abuse issues have ripped formerly close and loving families apart.

I have saved the many letters of appreciation from clients and their families to whom I have been fortunate enough to have been of service. It is most gratifying for me to see them get back together, overcome their difficulties and live happy and fulfilled lives.  Helping people is, after all, what being a good lawyer is all about.  I like going to football and baseball games, fishing, surfing, and going to Hawaii where I can get caught up on my reading list and swim in the warm waters of the Pacific. I love sharing the lives of my two children, two grandchildren and spending time with Andrea, my wife of over 30 years.

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%

Testimonials

Have Questions? Don’t go it alone. Let’s sit down one-on-one. I will review your case and your options for the best possible outcome.

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