The Second Amendment of the United States Constitution guarantees the right to keep and bear arms to all citizens. However, individual gun laws and restrictions vary state to state. California has some of the strictest gun laws in the country, and gun owners should understand their individual rights to avoid a possible weapons charge and conviction.
Who Can Possess and Own a Gun in California?
There is a difference between possessing and owning a gun in California. In general, adults over the age of 21 may purchase and own a firearm without a license, while individuals between the ages of 18 and 21 can possess a firearm, but not own one. However, certain people are not permitted to own or possess in this state. These people include:
Individuals under the age of 18
Anyone convicted of a felony
Individuals who have at least two convictions for brandishing a weapon
People convicted of certain misdemeanors
Anyone who has been placed on involuntary psychiatric hold at least two times in one year
Individuals who are addicted to narcotics
Can I Use My Firearm to Protect Myself?
While California is not a “stand your ground” state, in which a person may defend one's self or others against threats or perceived threats with lethal force, regardless of whether safely retreating from the situation might have been possible, Californians are permitted to use lethal force against someone else in the situations below:
There was reason for you to believe that you were in imminent danger of being unlawfully touched or suffering bodily injury/harm;
There was reason for you to believe that you needed to use immediate force in order to protect yourself from the imminent danger; AND
You only used the amount of force necessary to stop/attempt to stop the imminent danger
If you feel that your Second Amendment rights have been violated, contact our firm today to learn how we can help you look out for your legal rights. We are led by Virginia Landry, an attorney who is a huge proponent of gun education and a respected authority on everything from California gun laws to state-approved firearms to firearms sentencing enhancements, military gun laws, California CCW requirements, firearms training, and more. Call now for your free case evaluation. If you have any questions, call (888) 272-6668, Orange County Gun Queen Virginia L. Landry, today.