Tips and Notes on California Firearm Laws

Posted on: August 13, 2008 at 8:43 a.m.

California has some of the most stringent firearm laws in America, and different cities in California have laws even more strict than the state's.

Below are tips, news and developments regarding various firearm laws in California:

News:
- San Francisco recently passed a law banning .50 caliber weapons; however, several firearms manufacturers issued a letter to the city of San Francisco which notes that the city's ban is not only ineffective and possibly infringes the Second Amendment of the Constitution, it is also preempted by state law.

- Following the decision in District of Columbia v. Heller, the National Rifle Association (NRA) filed a lawsuit in the state of California challenging local gun bans in San Francisco.

- The California Attorney General established an online database to be known as the Prohibited Armed Persons File. The purpose of the file is to cross-reference persons who have ownership or possession of a firearm on or after January 1, 1991, as indicated by a record in the Consolidated Firearm Information System, and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm.

Laws and Tips:
The following infractions in California are punishable by at most a year in county jail, in accordance with CA Penal Code 12020 thru 12040 :
The manufacturing or sale of any firearm which is not immediately detectable as a firearm.
Owning, selling, creating or bringing into California any large-capacity magazine.
Carrying an explosive device (other than a magazine or bullet).

According to Article 2 of CA Penal Code 12220.
(a) Any person, firm or corporation who possesses or knowingly transports a machinegun, with few exceptions, is guilty of a public offense and upon conviction thereof shall be punished by imprisonment in the state prison, or by a fine not to exceed ten thousand dollars ($10,000), or by both such fine and imprisonment.
(b) Any person, firm, or corporation who intentionally converts a firearm into a machinegun, or who sells, or offers for sale, or knowingly manufactures a machinegun, except as authorized by this chapter, is punishable by imprisonment in the state prison for four, six, or eight years.

These are just a few of California's and Los Angeles' countless firearm laws. For assistance on firearm charges, contact the attorneys at Kestenbaum, Eisner & Gorin, LLP.

Tagged as: california criminal laws, firearms crimes

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