Firearm Bail Bonds
In California, defendants commonly face the following gun charges:
- Unlicensed Firearm Possession: Carrying an unlicensed firearm in public may result in a misdemeanor charge, punishable by up to one year in jail and/or a $1,000 fine.
- Illegal Weapon Possession: Possessing certain weapons, such as “assault rifles,” is illegal in California. Penalties include up to one year in jail and/or a $1,000 fine, or a felony charge with a potential 16-month to 3-year prison sentence and/or a $10,000 fine.
- Felony Firearm Possession: Convicted felons and minors are prohibited from possessing firearms. Illegal possession can lead to a felony charge with up to three years in prison and/or a $10,000 fine.
- Concealed Carry Violations: Concealed carry laws differ by county. In San Diego, Riverside, and Orange County, residents may apply for concealed carry permits. Carrying a concealed weapon without a permit can result in up to one year in jail and/or a $1,000 fine.
- Weapon Brandishing: Drawing a weapon in public, even if unloaded or with no intent to harm, may result in a 3-month to 1-year jail sentence and/or a $1,000 fine, or a 16-month to 3-year prison sentence and/or a $10,000 fine.
- Assault with a Weapon: Firing a firearm at another person carries severe penalties depending on the weapon type. Machine guns, assault weapons, and semi-automatic pistols always result in felony charges with a maximum of 12 years in prison. Other firearm assaults can lead to either one year in county jail or up to four years in prison.
California enforces numerous other weapons laws to reduce violent crimes, from charges for illegal gun transportation to enhancements for assault and theft. Bail prices may vary significantly depending on the specific charge and arrest location.
Bail Schedules For Gun Charges
California’s intricate laws and penalties related to weapon charges result in varying bail amounts imposed by local courts, depending on the charge specifics. Although a general bail schedule exists for California, each county establishes its own criteria. Bail for firearm offenses, typically involving illegal possession or weapon usage, often exceeds $10,000.
For prevalent weapons offenses, bail amounts in San Diego County include:
- Assault with a Firearm: $20,000
- Brandishing a Firearm: $20,000
- Prohibited Possession: $10,000
- Carrying a Loaded Weapon: $15,000
In Orange County, bail amounts for weapons offenses are:
- Assault with a Firearm: $20,000
- Carrying a Loaded Weapon: $15,000
Bail amounts in Riverside County include:
- Using a Firearm During a Felony: $75,000
- Brandishing a Firearm: $5,000
- Prohibited Possession: $10,000
- Carrying a Loaded Weapon: $5,000
Remember, Roger Sayegh Bail Bonds is here to help you navigate the bail process for weapons offenses and secure release in Los Angeles, Orange County, Riverside County, and beyond. Contact us for expert assistance and flexible payment plans to help you manage these bail amounts.
California Penal Code 25400 PC: An In-Depth Look
California Penal Code 25400 PC is the state’s law that addresses the concealed carrying of firearms. California is known for having strict gun control laws, and concealed carry is no exception. This article will discuss the details of Penal Code 25400 PC, the process of obtaining a concealed carry permit in Los Angeles, and the potential violations and penalties associated with this law.
What is California Penal Code 25400 PC?
Penal Code 25400 PC makes it illegal for an individual to carry a concealed firearm on their person or in a vehicle without a valid concealed carry permit. This law applies to handguns, pistols, revolvers, and other firearms that are capable of being concealed on the person. It’s important to note that openly carrying a loaded firearm is also illegal in California under Penal Code 26350 PC.
Obtaining a Concealed Carry Permit in Los Angeles
In Los Angeles, the process of obtaining a concealed carry permit is overseen by the Los Angeles County Sheriff’s Department. To apply for a concealed carry permit, applicants must meet specific requirements:
- Be at least 21 years old
- Be a resident of Los Angeles County
- Demonstrate good moral character
- Provide valid reasons for requesting a concealed carry permit, such as personal protection, business protection, or employment requirements
- Complete a firearms training course approved by the California Department of Justice
Applicants must also pass a background check that includes a review of their criminal history and a determination of whether they have any active restraining orders, severe mental health issues, or a history of substance abuse.
If an applicant meets these requirements, they may be issued a concealed carry permit. However, it’s important to note that the issuance of concealed carry permits in Los Angeles County is considered “may issue,” meaning that the local law enforcement agency has discretion when granting or denying permits. As a result, obtaining a concealed carry permit in Los Angeles can be challenging and is often reserved for those with a demonstrated need for self-protection.
Violations and Penalties of Penal Code 25400 PC
Violating Penal Code 25400 PC can result in severe consequences, depending on the circumstances surrounding the offense. In general, carrying a concealed firearm without a valid permit is considered a “wobbler” in California, meaning it can be charged as either a misdemeanor or a felony, depending on the offender’s criminal history and the specific circumstances of the case.
Misdemeanor penalties for violating PC 25400 include:
- Up to one year in county jail
- A fine of up to $1,000
- Both jail time and a fine
Felony penalties for violating PC 25400 can include:
- 16 months, two years, or three years in county jail
- A fine of up to $10,000
- Both jail time and a fine
In certain situations, the penalties for violating PC 25400 can be even more severe. For example, if the offender has a prior felony conviction, is a member of a criminal street gang, or is prohibited from possessing a firearm due to a restraining order or a previous conviction, the penalties for carrying a concealed firearm can be significantly increased.
Legal Defenses for Penal Code 25400 PC
There are several legal defenses that a person accused of violating Penal Code 25400 PC can employ, including:
- Lack of knowledge: If the defendant can prove that they were not aware that they were carrying a concealed firearm, they may be able to avoid a conviction.
- Valid concealed carry permit: If the defendant possessed a valid concealed carry permit at the time of the arrest, they may be able to avoid a conviction. However, this defense may not be applicable if the defendant violated any terms or conditions of the permit.
- Illegal search and seizure: If law enforcement officials obtained the concealed firearm through an illegal search and seizure, the evidence may be inadmissible in court, which could lead to the charges being dismissed.
Temporary possession: If the defendant can prove that they were only in temporary possession of the concealed firearm, such as taking it away from someone who intended to use it illegally or holding it for a short period for a lawful purpose, they may be able to avoid a conviction.
Self-defense: In some cases, the defendant may argue that they were carrying the concealed firearm for self-defense in response to an immediate threat. However, this defense may be challenging to prove and is typically reserved for situations where the defendant had a reasonable belief that their life was in imminent danger.
It’s essential for individuals facing charges related to Penal Code 25400 PC to consult with an experienced criminal defense attorney who can review the specific circumstances of their case and develop the most effective defense strategy.
How to Get Out of Jail After a Gun Charge in Los Angeles
- Understand the charges: Familiarize yourself with the specific gun charge(s) you are facing and the potential penalties associated with them.
- Hire an experienced attorney: Retain a criminal defense attorney who specializes in gun charges to represent you and protect your rights.
- Attend the arraignment: Appear in court for your arraignment, where you will be formally charged and given the opportunity to enter a plea.
- Bail determination: During the arraignment, the judge will determine if you are eligible for bail and, if so, set the bail amount based on the severity of the charges and your criminal history.
- Contact a bail bonds company: If you are unable to afford the full bail amount, reach out to a reputable bail bonds company, like Roger Sayegh Bail Bonds, to secure your release from jail.
- Pay the bail bond fee: Typically, you’ll need to pay a non-refundable fee, usually around 10% of the total bail amount, to the bail bonds company for their services.
- Provide collateral if necessary: In some cases, the bail bonds company may require collateral, such as property or other valuable assets, to secure the bail bond.
- Comply with release conditions: Once you have been released from jail, adhere to any conditions set by the court or the bail bonds company, such as maintaining employment, attending all court dates, and avoiding contact with any alleged victims or witnesses.
- Attend all court appearances: It is crucial to appear in court for all scheduled hearings and proceedings, as failure to do so could result in the forfeiture of your bail and a warrant for your arrest.
- Work with your attorney: Collaborate closely with your attorney to develop a strong defense strategy, gather evidence, and negotiate with prosecutors to potentially reduce or dismiss the charges against you.
By following these steps, you can navigate the process of getting out of jail after a gun charge in Los Angeles and work towards the best possible outcome in your case.
Are Guns Legal In Los Angeles, CA?
Guns are legal in Los Angeles, but there are strict laws and regulations governing their possession, use, and sale. California has some of the strictest gun control laws in the United States. In Los Angeles, as in the rest of the state, individuals must meet specific requirements to legally purchase and own a firearm.
- Some key requirements and regulations include:
- Age requirement: To purchase a firearm, you must be at least 21 years old for handguns and at least 18 years old for long guns (rifles and shotguns).
- Background check: All firearm purchases in California, including private sales, must go through a licensed firearms dealer and require a background check through the California Department of Justice.
- Firearm Safety Certificate (FSC): Prospective gun buyers must obtain an FSC by passing a written test on firearm safety. The FSC is valid for five years.
- Waiting period: There is a mandatory 10-day waiting period between the purchase and the delivery of a firearm in California.
- Assault weapons: California has a ban on specific models of firearms categorized as assault weapons, as well as certain features that classify a firearm as an assault weapon.
- Magazine capacity: Magazines with a capacity of more than ten rounds are generally prohibited in California.
- Concealed carry: Carrying a concealed firearm requires a valid concealed carry permit issued by the local sheriff’s department or police department. Obtaining a concealed carry permit in Los Angeles can be challenging due to the “may issue” policy, which gives local law enforcement discretion in granting or denying permits.
It’s crucial to familiarize yourself with federal, state, and local laws and regulations before purchasing, owning, or carrying a firearm in Los Angeles to ensure compliance and avoid potential legal consequences.