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CHULA VISTA FIREARM POSSESSION LAWYER

Weapon Possession Charges? We Can Help.

Firearm laws are complex. We’ll examine your case to protect your Second Amendment rights.

In California, where gun laws are among the strictest in the nation, a firearm possession charge can feel like a direct assault on your constitutional rights and personal freedom. In Chula Vista, where law enforcement takes a hard stance on gun offenses, the consequences of a firearm possession charge can be severe and far-reaching.

But a firearm possession charge is not the end of the road. With battle-tested legal representation and strategic defense, you can fight these charges and protect your rights.

At David P. Shapiro Criminal Defense Attorneys, we’ve successfully defended numerous clients against firearm possession charges in Chula Vista and throughout San Diego County. We understand the tactics local prosecutors use, and the most effective strategies to challenge these serious allegations.

Firearm Possession Laws in California

California has a web of firearm laws that regulate who can possess firearms, what types of firearms are legal, and where and how they can be carried.

Some key statutes include:

These laws can be incredibly nuanced, with numerous exceptions and qualifications. What might be legal possession in one context could be illegal in another.

Potential Penalties for Firearm Possession in Chula Vista

The consequences of a firearm possession conviction can vary widely depending on the specific charge and circumstances.

Potential penalties may include:

  • Felony charges carrying state prison sentences of 16 months to 3 years
  • Fines up to $10,000
  • Loss of firearm rights
  • Probation or parole
  • Immigration consequences for non-citizens
  • A criminal record that can impact employment, housing, and education opportunities

Building a Defense Against Firearm Possession Charges

At David P. Shapiro Criminal Defense Attorneys, we approach each case with a comprehensive strategy tailored to the unique circumstances. Some potential defense strategies we may explore include:

Challenging the Search and Seizure

If law enforcement violated your Fourth Amendment rights during the search that led to the discovery of the firearm, we may be able to have the evidence suppressed.

Asserting Lack of Knowledge or Possession

We may argue that you were unaware of the firearm’s presence or that it didn’t belong to you, especially in cases involving shared spaces or vehicles.

Exploring Exceptions and Exemptions

California firearm laws include numerous exceptions. We’ll examine whether any of these apply to your situation.

Questioning the Firearm’s Classification

In cases involving alleged assault weapons or other restricted firearms, we may challenge whether the firearm actually meets the legal definition.

Arguing Justifiable Possession

In some cases, temporary possession of a firearm for self-defense or other lawful purposes may be justifiable.

Negotiating Plea Deals

When appropriate, we may negotiate with prosecutors for reduced charges or alternative sentencing options.

Why Choose David P. Shapiro Criminal Defense Attorneys for Your Chula Vista Firearm Possession Case?

When you’re facing firearm possession charges in Chula Vista, you need a defense team that combines legal acumen, local court experience and a commitment to protecting your rights.

Here’s why David P. Shapiro Criminal Defense Attorneys stands out:

Deep Understanding of California Gun Laws: We stay up-to-date on California’s ever-changing firearm regulations to provide you with the most current and effective defense.
Extensive Local Experience: We have a deep familiarity with Chula Vista courts, giving us valuable insights into local legal procedures and tendencies of judges and prosecutors.
Comprehensive Case Analysis: We examine every aspect of your case, from the initial stop or search to the arrest and charging process, to build the strongest possible defense.
Personalized Attention: We believe in building strong attorney-client relationships. You’ll work directly with your attorney throughout your case, receiving regular updates and having your questions answered promptly.
Proven Track Record: Our firm has successfully defended numerous clients against firearm possession charges, often achieving case dismissals, charge reductions, or favorable plea agreements.
Focus on Protecting Your Rights: We understand the importance of Second Amendment rights and will fight to protect your firearm rights and your freedom.

Contact a Chula Vista Firearm Possession Defense Attorney Today

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.

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Frequently Asked Questions (FAQ)

Ask a Chula Vista Possession Lawyer

You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.

Can I possess a firearm if I have a felony conviction?

No. Under both California and federal law, individuals with felony convictions are prohibited from possessing firearms. However, there may be ways to restore your firearm rights in certain circumstances.

What's the difference between open carry and concealed carry in California?

Open carry of firearms is generally prohibited in California, with very limited exceptions. Concealed carry requires a permit, which can be difficult to obtain in many counties.

Can I transport a firearm in my vehicle?

Unloaded firearms can be transported in a vehicle, but they must be locked in the trunk or in a locked container. Loaded firearms in vehicles are generally illegal unless you have a valid concealed carry permit.

What constitutes an "assault weapon" in California?

California has a complex definition of “assault weapons” that includes specific makes and models as well as firearms with certain features. It’s crucial to understand these definitions to ensure compliance with the law.

Can a firearm possession charge be expunged from my record?

In many cases, yes. After completing your sentence, you may be eligible to petition for expungement. This can help mitigate the long-term consequences of a conviction.

How can a firearm possession conviction affect my immigration status?

Firearm offenses can have serious immigration consequences, potentially leading to deportation or inadmissibility. If you’re not a U.S. citizen, it’s crucial to work with an attorney who understands the immigration implications of these charges.

What should I do if I find a firearm that doesn't belong to me?

If you find a firearm that isn’t yours, do not handle it. It may be appropriate to contact t local law enforcement for guidance on how to proceed. Because of concerns for criminal liability, it’s best to first speak to an attorney prior to any statements to law enforcement.

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