Gun Crimes

San Bernardino Gun Crime Attorneys

Representation for People Accused of Gun Offenses in San Bernardino County, Victorville, Apple Valley, & Redlands

Firearm offenses can be difficult to navigate in the State of California. The landscape of what may be deemed criminal conduct in the possession and use of a gun or ammo is constantly changing.  At Bullard & Powell, APC., we frequently keep up with the ever-changing laws involving firearms. 

If you are facing criminal charges involving a gun offense, call us at (909) 531-5511 for a free consultation.

Carrying a Loaded Firearm in Public - Penal Code §25850

Carrying a Loaded Firearm in Public can be charged as a misdemeanor or a felony. 

In order to show that the defendant is guilty of this offense, the state must prove: 

  1. The defendant carried a loaded firearm on his or her person or in a vehicle; and 
  2. The defendant knew that he or she was carrying a firearm; and 
  3. At the time, the defendant was in a public place or on a public street in an incorporated city/in an unincorporated area where it was unlawful to discharge a firearm.

A firearm is loaded if there is an unexpended cartridge or shell in the firing chamber or in either a magazine or clip attached to the firearm. A firearm does not need to be in working order if it was designed to shoot and appears capable of shooting. 

Carrying Concealable Weapon in Vehicle - Penal Code §25400

Violation of Vehicle Code §25400 is a “wobbler” offense — it can be charged as a misdemeanor or a felony. 

In order to show that the defendant is guilty of this offense, the state must prove: 

  1. The defendant carried within a vehicle a firearm capable of being concealed on the person; and 
  2. The defendant knew the firearm was in the vehicle; and 
  3. The firearm was substantially concealed within the vehicle; and 
  4. The vehicle was under the defendant’s control or direction.

Firearms that are carried openly in a belt buckle are not concealed weapons. 

Negligent Discharge of a Firearm - Penal Code §246.3

Negligent Discharge of a Firearm is a wobbler, meaning it can be charged as a misdemeanor or felony. 

In order to show that the defendant is guilty of this offense, the state must prove:          

  1. The defendant intentionally shot a firearm or BB device; and 
  2. The defendant did the shooting with gross negligence; and 
  3. The shooting could have resulted in the injury or death of a person; and 
  4. The defendant did not act in self-defense or in the defense of someone else. 

Gross negligence involves more than ordinary carelessness, inattention, or mistake in judgment.  A person acts with gross negligence when: 

  1. He or she acts in a reckless way that creates a high risk of death or great bodily injury; and 
  2. A reasonable person would have known that acting in that way would create such a risk.

In other words, a person acts with gross negligence when the way he or she acts is so different from the way an ordinarily careful person would act in the same situation that his or her acts amount to disregard for human life or indifference to the consequences of that act. 

Possession of Firearm: Person Prohibited - Penal Code §29800

Possession of a Firearm: Person Prohibited is commonly referred to as Felon in Possession of a Firearm.  Violation of Penal Code §29800 is a felony offense. 

In order for a person to be found guilty of this offense, the state must show: 

  1. The defendant owned or purchased or received or possessed a firearm; and
  2. The defendant knew that he or she owned or purchased or received or possessed a firearm; and 
  3. The defendant had previously been convicted of a felony or two offenses of brandishing a firearm or a misdemeanor offense that prohibited the defendant from owning or purchasing or receiving or possessing a firearm. 

It should be noted that under the law, two or more people may possess something at the same time. Further, a person does not have to actually hold or touch something to possess it.  It is enough if the person has control over it or the right to control it, either personally or through another person. 

A person is not guilty of possessing a firearm if the defendant can prove that the possession was momentary.  That means the defendant must show the following: 

  1. He or she possessed the firearm only for a momentary or transitory period; and 
  2. He or she possessed the firearm in order to abandon or dispose of or destroy it; and 
  3. He or she did not intend to prevent law enforcement officials from seizing the firearm. 

Possession of Ammo: Person Prohibited - Penal Code §30305

Possession of Ammunition: Person Prohibited is a straight felony, meaning it cannot be reduced to a misdemeanor or an infraction.   

In order for a person to be found guilty of this offense, the state must show: 

  1. The defendant owned or possessed or had under his or her custody ammunition; and 
  2. The defendant knew he or she owned or possessed or had under his or her custody or control the ammunition; and 
  3. The defendant was prohibited from owning ammunition due to a conviction, which may include a prior felony conviction, a certain misdemeanor conviction, or two or more brandishing a firearm convictions. 

Ammunition is defined as a bullet, cartridge, magazine, clip, speed loader, auto loader, or projectile capable of being fired from a firearm with a deadly consequence. Ammunition includes reloaded ammunition. 

Possession of Controlled Substance While Armed with Firearm - Health & Safety Code §11370.1

A violation of Health & Safety Code §11370.1 is a straight felony, which means it cannot be charged or reduced to a misdemeanor or an infraction. 

In order for a person to be found guilty of this offense, the state must prove the following: 

  1. The defendant unlawfully possessed a controlled substance; and 
  2. The defendant knew of its presence; and 
  3. The defendant knew of the substance’s nature or character as a controlled substances; and
  4. The controlled substance was actually a controlled substances or the controlled substances was an analog of a controlled substance; and 
  5. The controlled substance was in a usable amount; and 
  6. While possessing the controlled substance, the defendant had a loaded, operable firearm available for immediate offense or defensive use; and 
  7. The defendant knew that he or she had the firearm available for immediate offensive or defensive use. 

An analog of a controlled substance has a chemical structure substantially similar to the structure of a controlled substances or has or is represented as having or is intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system. 

A defendant does not have to have knowledge that an available firearm is loaded and operable in order to be found guilty of this offense. 

Possession of Assault Weapon - Penal Code §30605

Possession of an Assault Weapon is a wobbler and can be charged as a felony or a misdemeanor. 

In order for a defendant to be found guilty of this offense, the state must prove the following: 

  1. The defendant possessed or manufactured or caused be manufactured or distributed or transported or imported or kept for sale or offered or exposed for sale or gave or lent an assault weapon; and 
  2. The defendant knew that he or she possessed or manufactured or caused to be manufactured or distributed or transported or imported or kept for sale or offered or exposed for sale or gave or lent; and 
  3. The defendant knew or reasonably should have known that it had characteristics that made it an assault weapon. 

Penal Code §30515 defines an assault weapon as the following: 

  1. A semiautomatic, center fire rifle that does not have a fixed magazine but has any one of the following: 
    • A pistol grip that protrudes conspicuously beneath the action of the weapon; 
    • A thumb hole stock; 
    • A folding or telescoping stock;
    • A grenade launcher or flare launcher; 
    • A flash suppressor; 
    • A forward pistol grip; 
  2. A semiautomatic, center fire rifle that has a fixed magazine with the capacity to accept more than 10 rounds; 
  3. A semiautomatic, center fire rifle that has an overall length of less than 30 inches; 
  4. A semiautomatic pistol that does not have a fixed magazine but has any of the following: 
    • A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer; 
    • A second handgrip; 
    • A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel;
    • The capacity to accept a detachable magazine at some location outside of the pistol grip; 
  5. A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
  6. A semiautomatic shotgun that has both of the following: 
    • A folding or telescoping stock.
    • A pistol grip that protrudes conspicuously beneath the action of the weapon, thumb hole stock or vertical handgrip; 
  7. A semiautomatic shotgun that has the ability to accept a detachable magazine;
  8. Any shotgun with a revolving cylinder. 

To discuss the details of your case with our gun crime attorneys in San Bernardino, send us a message or call (909) 531-5511 today. 

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