Do I need an attorney and what kind of time am I looking at or can I get these charges dropped

Asked about 2 years ago - Hesperia, CA

i have a licensed to carry a handgun, I am a security guard, I had the gun in the trunk of my car, I was stopped for a traffic violation, I told the police that I had the gun in the back of the car and when they searched the car they found it. now I know I was suppose to have the chamber empty but I forgot the gun was even there untill that moment.
Now I am looking at charges for carrying a loaded weapon.
I have never had any charges never been in jail until that time and have a clean record up until that time.

Attorney answers (3)

  1. Jeffrey George Moore

    Contributor Level 15


    Lawyers agree

    Answered . Please contact an attorney directly in the area where you were arrested. California's gun laws are complex and fact-driven. The legality of the loaded weapon will likely be dependent on the scope of your permitted carry terms, so being whatever permit that you may have when you speak to the attorney. The severity of the crime for which you can be charged depends in part on the lawfulness of your possession of the firearm. While a misdemeanor conviction for carrying loaded and/or concealed does not preclude you from possessing a firearm in the future, it could have major impacts on you in other ways.

    Any statements I make in these forums (fora?) should not be taken as direct legal advice, merely informed guidance.... more
  2. Sean Anthony Brady

    Contributor Level 15


    Lawyers agree

    Answered . As Mr. Moore explained, you need an attorney immediately. Go meet with a few and hire the one you feel most comfortable with. Ideally you want one that knows California firearm laws but also the court where your case is being handled. It sounds to me like you have a "guard card" which allows you to carry your loaded handgun, but only if carried openly and during the scope of your employment. If you were not on duty and the gun was loaded, you have a problem. Do NOT post anymore facts here about this matter, and do not discuss what happened with anyone other than a criminal defense attorney in a confidential setting. A conviction could definitely impact your future employment. If you cannot afford a private attorney, then request a public defender at your first court date.

    Michel & Associates, PC
    Firearms Attorneys
    (562) 216-4444

    All my comments here are intended for general legal purposes. None of my comments here establish an attorney-... more
  3. Kevin Samuel Sullivan


    Contributor Level 20


    Lawyer agrees

    Answered . you need to contact a private lawyer in your are for a consultation as gun charges are very fact specific. Good luck.

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