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Criminal Defense From A Former Prosecutor

US Supreme Court Rejects Gun Crime Defense in Gun Possession Case

The United States Supreme Court recently ruled against a gun owner's right to possess a firearm when they have been previously convicted of a domestic violence misdemeanor. The new ruling expands existing prohibitions restricting gun possession in certain states including California.

Background of Gun Crime Ruling

The landmark decision stemmed from cases of unlawful firearm possession involving two Maine men who had prior convictions for domestic violence. Both were charged with unlawful firearm possession after law enforcers discovered that they had been convicted of domestic violence at a time when police found guns in their possession.

In one case, police saw a video of one petitioner shooting a bald eagle. In the other case, law enforcers found guns during a narcotics search conducted on the strength of a search warrant.

Under federal law, persons convicted of certain crimes such as intentional violence and domestic violence are prohibited from carrying firearms.

California Gun Crime Prohibitions

Under the California penal code, certain individuals are prohibited from possessing firearms. These include persons convicted of violent crimes such as robbery, kidnapping, assault, rape, murder, and arson. Mentally disordered sex offenders, mentally incompetent and insane persons are likewise not allowed to hold firearms.

Other Gun Crimes

  • Sale by a non-licensed firearms dealer to a non-licensed person
  • Buying a gun for someone who is not allowed to own one
  • Transporting a loaded gun in a motor vehicle
  • Carrying a concealed weapon without a license
  • Carrying a loaded gun in a public place or other prohibited place
  • Openly carrying an unloaded gun in a public place or street
  • Discharging a firearm in an inhabited dwelling, home, or building
  • Discharging a firearm from a motor vehicle

Gun crimes are punishable with jail time and steep fines, and can enhance the penalties for other crimes committed while in possession of a firearm. If you are charged with a gun crime, it's important to consult an experienced gun crime attorney immediately about your situation. You could face severe penalties unless you raise gun crime defenses that are appropriate to your case.

In Glendale, Burbank, Pasadena, and other cities in Los Angeles, the Kestenbaum Law Group have been helping clients, raising gun crime defenses that can lead to a dismissal of gun crime charges or a reduction of the charges against them. We urge you to call us today at (818) 275-4910 to discuss your situation with one of our friendly attorneys.

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