What Is the Legal Limit for Driving High in California?

Jul 10, 2023

California has some of the most relaxed cannabis laws in the US. However, there are still some question marks and gray areas that need addressing, like the concept of driving high. Many people want to know if driving while high is illegal, and what is the legal limit for driving high in California. So, can you drive high? This guide will provide all the answers.

Understanding Impairment

First of all, before we look at the legality of driving while high, it’s important to understand the relevant risks and dangers. Just like alcohol, marijuana can have intoxicating effects. People who are under the influence of marijuana can have different perceptions of things like distance and time, as well as slower reactions and impaired decision making.

This means that a person driving high could make mistakes while behind the wheel. They might fail to break in time to stop at a set of traffic lights or a stop sign, for example, and this can easily lead to crashes, collisions, and all of the unfortunate consequences that come along with road accidents, like injuries and even fatalities.

Driving High: Legal Limit for Driving High

Clearly, driving high is dangerous, but can you drive high from a legal perspective? Well, at the moment, California does not have any legal set limits for driving while high. Instead, the state law simply says that drivers may be charged if they are found to be under the influence of THC.
This is different to the “Per se” laws of other states, which involve set limits of detectable amounts of THC. Per se laws involve testing a suspect – using either blood or urine – to measure the THC concentration in their body and determine whether or not it’s above the legal limit for driving high.

This isn’t the case in California, which creates a lot of confusion for both drivers and law enforcement officers. Ultimately, it’s up to the officers to determine if the driver is impaired to a sufficient level and unable to safely operate their vehicle.

Prosecution and Penalties for Driving High in California

California’s Vehicle Code outlines a range of possible penalties for those who are caught driving under the influence and judged to be incapable of safely operating their vehicles:

• 1st DUI – 6 months in jail, up to $1,000 fine, up to 9 months in DUI school, up to 10 months suspended license
• 2nd DUI – Up to 1 year jail, up to $1,000 fine, up to 30 months DUI school, 2 years of suspended license
• 3rd DUI – Up to 1 year jail, up to $1,000 fine, 30 months DUI school, 3 years revoked license
• Misdemeanor DUI with Injury – Up to 1 year jail, up to $5,000 fine, up to 30 months DUI school, up to 3 years revoked license
• Felony DUI – Up to 16 years state prison, up to $5,000 fine, up to 30 months DUI school, 5 years revoked license

Arrest and Investigation Procedures

First, officers will need to arrest a person they feel to be under the influence of marijuana. In California, as in many other states, law enforcement may carry out random checks or set up DUI checkpoints to verify whether or not drivers are under the influence.

Officers may use their discretion to determine if a driver could be under the influence. They may proceed to perform certain tests in order to confirm their suspicions, which may ultimately lead to an arrest and charges.

Evidence Collection and Testing Methods

Typically, evidence collection for drugged driving involves urine and blood testing, similar to checking if someone is driving under the influence of alcohol. After consuming cannabis, THC remains detectable in the blood and urine, and these tests can identify those traces of THC in cannabis users.

Consequences of Driving High in California

As listed in the table above, charges may include prison time, large fines, terms in DUI school, and the revoking or suspending of a driver’s license. These are all serious punishments and DUIs will be left on a person’s permanent criminal record, as well (How Long Does A DUI Stay on Your Record).

Defenses and Challenges for Marijuana DUI in Los Angeles

A criminal defense attorney can be of assistance to those who have been charged with driving under the influence of marijuana. An attorney may be able to help in various ways, by challenging the validity or reliability of test results, which often produce inaccurate data, for example, or providing expert testimony on the subject of marijuana impaired driving. Lawyers can also demonstrate that a driver has a medical need for marijuana, which may help their case.

Wrongfully Accused of Driving High in Los Angeles

If you’ve been wrongfully accused of driving while intoxicated in LA, a Los Angeles DUI Lawyer can help. It’s vital to contact a lawyer to build up your case and present a strong argument in your favor, which could help you avoid serious punishments, like fines and jail time.

Los Angeles Gangs and Their History

Jun 7, 2023

Los Angeles is known for its glitz, glamour, and movie stars. However, the city is also known for its gangs. Los Angeles gangs have been a part of the city of angels for decades and remain a significant problem.

What Is Considered Gang Activity?

California has a history of fighting gang violence with tough sentencing laws for close to 30 years. While this goal is laudable, the tough stance the State has on gang violence has led police to associate individuals with these organizations simply based on where they live. In order for a prosecutor to charge a person with a gang-related crime, the group with whom the person is allegedly connected must fit within the state’s definition of a gang. Specifically, a group can be considered a gang if it has three or more members that use a common name or identifying mark, and engage in criminal activity.

Gang activity can take many forms, but it generally involves criminal behavior carried out by a group of people identifying as part of a gang. This criminal behavior can include drug trafficking, robbery, assault, and murder. Gang members often use symbols, hand signs, and colors to identify themselves and show their allegiance to a particular gang.

California has two laws that are commonly used to penalize gang activity under what is known as the STEP Act (California Street Terrorism Enforcement and Prevention Act): participation in a gang and a sentencing enhancement provision for crimes connected to the gang. A discussion of what the prosecutor must prove in order to convict or enhance a sentence related to gang activity will follow below.

Participation in a Gang

People get involved in gangs for many different reasons. Some join gangs to seek a sense of belonging and acceptance, while others are forced into gangs by peer pressure or threats of violence. Gangs can also provide a source of income for some members through illegal activities such as drug trafficking or robbery.

California law says it is a crime to participate in and assist a gang with criminal activity. In order to convict a defendant for this offense, the state must prove the defendant:

• actively participated in the gang (more than passive association, but frequently hanging out with known gang members could satisfy this requirement);
• knew the members were involved in a pattern of criminal activity, which relates to the commission of two or more specified crimes on two or more occasions by two or more people within three years of one another; and
• knowingly assisted, furthered, or promoted felony criminal conduct (directly committed a felony or aided and abetted a felony).

This offense is a wobbler and can be charged as a misdemeanor or felony. The potential sentences range from one year in county jail up to three years in State prison and the imposition of substantial fines.

Sentencing Enhancement for Gang Association

California law has a sentencing enhancement for gang association, which means that if a person is convicted of a crime and is found to be a gang member, their sentence can be increased.

If a defendant is suspected of committing a crime in connection with a gang, the prosecutor can seek to impose a sentence enhancement that would extend the individual’s sentence to varying degrees depending upon the underlying crime. Before the sentencing enhancement may be applied, the prosecutor must first prove the defendant was guilty of the underlying crime, and then prove the following:

• the underlying crime was committed for the benefit of, under the direction of, or in association with a criminal gang; and
• the crime was committed with the intent to further, assist or promote the criminality of the gang.

Note that active membership or participation in the gang at the time of the crime is not required before the sentence enhancement can be applied. As mentioned above, the amount of sentence enhancement depends upon the underlying crime and can range from two years in State prison to a life sentence. Determining how long the additional sentence would be is somewhat complicated. Moreover, it is essential to note that not everyone associated with a gang is involved in criminality, and consulting a criminal defense attorney is advisable to assess the specifics of a particular case.

Understanding Los Angeles Gangs

Los Angeles is home to some of the most notorious gangs in the country, including the Bloods, Crips, and MS-13.

These gangs have been involved in various criminal activities, including drug trafficking, murder, and robbery. Gang members often use graffiti to mark their territory and send messages to rival gangs. This graffiti can be seen on buildings, fences, and other structures throughout the city.

The History of California Gangs

The history of California gangs can be traced back to the early 20th century.

In the 1920s and 1930s, Mexican-American gangs formed in Los Angeles in response to discrimination and poverty. These gangs were often involved in fighting each other and the police.

During the 1940s and 1950s, African-American gangs also began to form in response to discrimination and poverty. These Los Angeles gangs included the Bloods and Crips, which are still active today.

The 1960s and 1970s saw an increase in gang activity in Los Angeles as drug use and violent crime rates rose.

The 1980s and 1990s were marked by high-profile gang-related crimes, including the crack epidemic and the 1992 Los Angeles riots.

In the early 2000s, the FBI launched a crackdown on California gangs, which resulted in the arrest of many high-ranking gang members.

How Do the Police Deal with Gangs in LA Today?

Today, the Los Angeles Police Department (LAPD) has a specialized unit called the Gang and Narcotics Division responsible for investigating and prosecuting gang-related crimes. The LAPD also works closely with federal law enforcement agencies, including the FBI and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), to combat gang activity.

The LAPD also has community programs to prevent young people from joining gangs. These programs provide mentorship, job training, and other resources to help young people stay out of gangs and build a better future for themselves.

California’s Gang Database is another significant aspect of Los Angeles’ gang culture. This repository of information is essential for documenting and tracking the activities of various gangs operating in the region. Law enforcement organizations can benefit from the Calgang Database, which gives them comprehensive profiles of known gang members, their associations, and their criminal history. The database aids in identifying patterns, understanding gang dynamics, and implementing targeted strategies to combat gang-related crime.

List of Top Los Angeles Gangs and Their History

• The Grape Street Watts Crips: The Grape Street Watts Crips are a street gang based in the Watts district of Los Angeles, California. They are a smaller branch of the greater Crips gang and are well-known for their violent crimes, robberies, and drug trafficking.

• The Avenues: The Avenues is a street gang based in Los Angeles’ Highland Park area. They are notorious for their close ties to the Mexican Mafia and are involved in a number of illegal operations, such as the trafficking of illegal drugs, extortion, and murder.

• Armenian Power: Also known as AP-13, Armenian Power is an Armenian-American street gang headquartered predominantly in Southern California. They have engaged in a number of criminal activities, such as racketeering, organized crime, identity theft, and drug trafficking.

• Sureños: The name Sureños, which translates to “Southerners” in Spanish, refers to a group of street gangs that are connected to the Mexican Mafia. Although they are mainly active in Southern California, they also have a sizable presence in other states. The Norteños is a different gang alliance with roots in Northern California, and the Sureños gangs are notorious for their feud with the Norteños gang.

• Wah Ching: Wah Ching is an Asian-American street gang that has its roots in San Francisco and Los Angeles’ Chinatown areas. Wah Ching has engaged in a number of illegal acts, such as the trafficking of illegal drugs, extortion, and organized crime.

• Aryan Brotherhood: A white supremacist prison gang known as the Aryan Brotherhood was founded in the California jail system. They are widely spread across both state and federal prisons in the US. The gang is well-known for its affiliation with organized crime, including drug trafficking, extortion, and brutality, as well as for its white supremacist ideology.

• MS-13: The Mara Salvatrucha, also known as MS-13, is a transnational street gang that started in Los Angeles and has since spread throughout the United States and Central America. The majority of the individuals in this gang are of Salvadoran descent. MS-13 engages in a variety of illegal operations, such as extortion, assault, drug trafficking, and people trafficking.

• The Bloods: A well-known street gang called The Bloods got their start in Los Angeles, California, in the early 1970s. The predominant color of the gang is red, and its members are frequently recognized by their red-colored attire and accessories. The Bloods have increased their territory in different American towns and states. They are fierce rivals with the Crips, another well-known street gang, which has led to constant conflict and violence over territory.

• Florencia 13: Florencia 13 is a Hispanic gang based in the Florence-Firestone area of Los Angeles. The gang has been involved in drug trafficking, robbery, and murder. Florencia 13 is known for using graffiti to mark its territory and its rivalry with other Hispanic gangs in LA.

Speak to a Criminal Defense Attorney

Being associated with gang violence have serious legal consequences. Under California law, a person can be charged with a crime simply for being associated with a gang. This is a sentencing enhancement that can result in a longer prison sentence if the person is convicted of a crime.
If you are facing charges related to gang association, it is vital to contact criminal attorneys with experience handling these types of cases. A criminal defense attorney can help you understand your legal rights and work to build a strong defense on your behalf.

What Is Forensic Evidence and Its Use in Criminal Trials

May 2, 2023

Since the Industrial Revolution, society has advanced from a state in which most were unaware of why food spoiled, for instance, to a state in which refrigerators speak to their owners. Similarly, criminal prosecution has advanced from law enforcement questioning everyone in the vicinity of a crime to using science to figure out what happened and who is potentially responsible. In order for a person to be found guilty of a crime, some sort of evidence needs to be shown or found that can prove their guilt. There are different kinds of evidence, and forensic evidence is one of the most important varieties. Scientific-based evidence is referred to as forensic evidence. In this guide, we’ll answer key questions on this subject, like what forensic evidence is and what forensics’ role is in criminal law.

What is Forensic Evidence?

So, what is forensics, and what do we mean from a legal, official perspective when we talk about forensic evidence? In simple terms, forensic evidence is any kind of evidence that is obtained via scientific methods, like blood tests, DNA tests, ballistics analysis, and so on. It’s the kind of evidence often shown in popular crime shows on TV, and it can be crucial in coming to a fair and justified decision in a legal case. Although television crime dramas, present the discovery of forensic evidence as a fait accompli to a conviction, in real life, such is not always the case. Forensic evidence can be challenged, and challenged successfully, and retaining the services of an experienced criminal defense attorney can be crucial to having forensic evidence dismissed from a criminal matter.

Where Does Forensic Originate?

We’ve looked at what is forensic evidence, but what does forensic mean? Well, the word “forensic” actually comes from a Latin word, “forensis”, which refers to something that is “in open court” or “in public”. This ties into the idea of forensic testing involving public examinations and discussions regarding a legal case or criminal situation. In ancient times, forensic experts were individuals who possessed specialized knowledge and skills that could be applied in legal proceedings to help solve crimes and disputes. Over time, the field of forensics has evolved and expanded to encompass a wide range of scientific and technical disciplines that are used to investigate and analyze evidence related to criminal investigations, civil disputes, and other legal matters. Today, forensic science plays a critical role in the criminal justice system and has become an integral part of many criminal investigations around the world.

Common Types of Forensic Evidence

So, now we know what forensic means, let’s take a look at some typical examples of the sorts of evidence that forensic testing can provide. It’s important to note that forensic science is capable of finding a wide range of different types of evidence from crime scenes to help in the investigation and prosecution of criminals. The California Bureau of Forensic Services (BFS) operates ten regional laboratories for assisting law enforcement agencies that do not have access to in-house crime laboratories. As part of this system, the BFS collects evidence in the following areas: :

• Controlled Substances and Clandestine Drugs – Possession, usage, and sale of certain drugs and substances can be serious crimes. Forensic experts can make use of various forms of forensic analysis and scientific tests to check for traces of different substances either in a person’s body or on an object.
• Physical Evidence – Forensic examiners are able to use scientific testing to search for and locate a range of different types of physical evidence, which can include bodily fluids like blood, urine, and semen, as well as ballistics, shoe prints, tire tracks, trace evidence of fire debris and gunshot residue, and much more.
• Digital Evidence – As well as physical evidence, forensic scientists can also aid law enforcement in the discovery of digital evidence. This can include things like hidden files on computers and hard drives, recovery of damaged or broken computers and other devices, scanning of mobile telephones, and so on.
• BPA – BPA stands for bloodstain pattern analysis, and this can be another effective form of forensic testing – just as important as DNA analysis or checking for fingerprints. It involves examining bloodstains at a crime scene in order to determine the likely actions that caused those stains to appear.
• Fingerprint – Every human has their own unique fingerprint – even twins have been proven to have separate fingerprints, despite sharing the same DNA – and we leave fingerprint marks behind on the things we touch or hold. Forensic professionals can find fingerprints that might otherwise be invisible through procedures like dusting and fuming.
• DNA – DNA evidence is one of the most common forms of forensic evidence and can be one of the most damning pieces of evidence against a defendant. DNA is essentially the unique genetic code that every human carries in their bodily cells, and it can be found in hair, saliva, blood, and more.

How Can Forensic Evidence Help?

In many legal cases, situations can involve the word of one person or group against the word of another, and it can be difficult for any judge or jury to make a fair decision on which side to believe based purely on their words. This is where evidence comes in. Forensic evidence can support the argument of the defense or prosecution, and judges and juries will be much more likely to decide in favor of those who can provide compelling scientific evidence for their claims.

Challenging Forensic Evidence in a Criminal Matter

When forensic evidence is introduced, as with all allegations in the American system of justice, it is the proponent – the prosecution, in a criminal matter – that typically bears the burden to show the evidence is reliable. Establishing the reliability of forensic evidence requires demonstrating the validity and acceptance of the underlying scientific theory by the relevant scientific community. Secondly, there must be proof the technique applying the theory was also valid. Finally, the proponent must show the technique was properly applied in the specific case. Other reliability factors include the existence of literature supporting or rejecting the theory and technique, the potential rate of error of the technique, confirmation of the technique by others, and the experience and skill level of the person who applied the technique. All of these factors can provide an avenue to challenge the introduction of such evidence, and it will typically fall on the criminal defense attorney to introduce flaws in the technique in an effort to get the evidence disqualified from introduction at trial.

Speak to a Criminal Defense Attorney

If you, or a loved one, have been arrested on suspicion of committing a crime, and the possibility exists that forensic evidence may be used against you, contact the criminal defense attorneys at Manshoory Law Group, as soon as possible. The attorneys at our office have years of experience in criminal law, and we will do our best to ensure that any faulty bit of evidence is properly excluded from the prosecution’s case, giving you, or your loved one, the best possible chance at defending the charges asserted against you. Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.

How Long Does the Prosecutor Have to File Criminal Charges?

Apr 2, 2023

Merely being suspected of committing a crime, regardless of whether a defendant is charged, is an extremely nerve-racking experience. Initially, dealing with law enforcement, which is structured to be an intimidating situation, can tend to make even the toughest cringe in fear. In some cases, once this procedure is over, there may be a waiting period while the prosecutor reviews the evidence to determine whether to file charges. Retaining the services of an attorney experienced in criminal defense can be crucial not only to ensure that the accused has an effective defense but also to ensure that the prosecutor does not violate the applicable statute of limitation.

A Texas man, arrested on a narcotics charge in 2012, was matched with DNA evidence linking him to multiple homicides nationwide and covering the years from 1970-2005. In the end, the man, who confessed to the Texas Rangers of committing nearly 90 murders, could very well be this country’s most prolific serial killer. A discussion of the statutes of limitation, generally, as well as the different time limits in California’s criminal code, will follow below.

What is the Process for a Prosecutor to Charge You With a Crime

You might worry or wonder about what happens next if you’re accused or suspected of a crime. Specifically, a lot of suspects wonder how long does it take to press charges on someone and how long does the DA have to file charges? In this guide, we’ll answer the key questions you need to know, including how long does the district attorney have to file charges? We’ll look through the various stages of the process for filing charges and see how and why a prosecutor might decide not to press or proceed with criminal charges.

Arrest and Police Report

Of course, the first stage in most criminal situations is an arrest. Not all crimes will involve an arrest – for example, getting a parking ticket doesn’t usually lead to any kind of arrest report – but many serious crimes will involve the arrest of a suspect by the police.

After arresting a suspect, law enforcement will move on to filing a police report. This report describes the cause of the arrest and the details surrounding it, like any witnesses, the nature of the crime, the location, and so on.

The police report is one of the main resources that the prosecutor will use to determine whether to file charges, not pursue any charges, or refer the case to a Grand Jury and ask for their guidance on the next steps.

Deciding to Prosecute

In the US justice system, simply being arrested does not automatically mean you’ll have charges filed against you. It’s all up to the prosecutor, or DA, and they have to take several factors into account, including:

• Use of Resources – There are limited resources available to handle cases, and it’s simply not feasible to file charges against everyone. The prosecutor has to decide which cases are a good use of the resources they have.
• Policies – Each prosecutor usually has a set of policies regarding which crimes they tend to file charges for and which ones they’re more lenient towards.
• Beliefs – The prosecutor’s own beliefs and subjective opinions on the concepts of justice and order can also come into account. They might have very strongly-held beliefs about specific kinds of crime, for example.

So, how long does it take to press charges on someone? In general, if a prosecutor decides to go ahead with criminal charges, they’ll make the decision within just a few days, well within the statute of limitations.

Grand Jury Indictment

We’ve looked at how long it takes to press charges on someone, but in some cases, the DA might decide not to press charges right away and instead go to a Grand Jury. The Grand Jury then decides if charges should be filed, based on the evidence presented by the prosecutor.

Preliminary Hearing

In some cases, a judge can organize a preliminary hearing in which they listen to evidence from the prosecutor and make the final call about whether or not there is sufficient evidence to proceed to a full trial. How long does the DA have to file charges for a preliminary hearing? Again, it’s usually just a matter of days.

Criminal Charges

If you’re facing criminal charges of any kind, you might have many other questions to ask, as well as wanting to know how long the district attorney has to file charges. A criminal defense attorney can help, and it’s recommended to contact a trusted attorney as soon as possible to get the best level of protection and support.

Statutes of Limitation

Although criminal cases follow a typical routine, there is a specific time period within which charges can be filed against an individual. This time period is set forth in a statute of limitation. Generally, statutes of limitations are laws that set the maximum time after an event within which legal proceedings may be initiated. In a criminal matter, when the statute of limitations has expired, the courts no longer have jurisdiction.

The purpose of statutes of limitations is to protect defendants. As time passes, defendants may lose evidence or not be able to support his/her defense. Additionally, as alluded to above, litigation of a long-dormant criminal charge may result in more cruelty than justice.

California’s Statutes of Limitations

Statutes of Limitations in California criminal matters tend to follow the severity of the penalty for the crime, specifically, the general limits on filing criminal charges are:

• Felonies punishable by imprisonment for eight years or more – six years after commissioning of the crime;
• Other felonies– three years; and
• Misdemeanors – one year.

Crimes that are wobblers, meaning they can be charged as either a misdemeanor or a felony, are subject to the time period in the statute of limitation for the crime the prosecution chooses. Thus, a wobbler charged as a misdemeanor is subject to the one-year statute of limitation, while one set as a felony would be either three or six years, as appropriate.

There are two exceptions to the above time periods. First, crimes punishable by death or life in prison (regardless of the possibility of parole), or the embezzlement of public funds, may be brought at any time. Thus, as an example, there is no statute of limitation for homicide. Second, with regard to certain crimes of a sexual nature (i.e., rape, sodomy, etc.), charges may be brought within one year of the establishment of the identity of a suspect by DNA testing, regardless of the date the crime was actually committed. Thus, in these instances, the statute of limitations begins after DNA testing has been completed and a suspect identified, and not when the crime occurred.

Speak to a Criminal Defense Attorney

If you have been charged with a crime, or suspect that you may be charged with a crime, contact the criminal defense attorneys at Manshoory Law Group, as soon as possible. The attorneys understand the situation you are facing and can help you navigate the criminal system. We will work to ensure your rights are not infringed, or, if so, to have the charges against you dismissed. Attorneys are available 24/7 to take your call. Contact our Los Angeles criminal defense firm today for an initial consultation.

Can You Legally Buy a Gun for Someone Else in California?

Mar 13, 2023

Firearm laws vary from state to state, and the purchase of a gun can be more difficult in certain areas than in others. When it comes to buying a gun from someone or buying a firearm as a gift, things can get confusing. Can you legally buy a gun for someone else? Is it legal to buy a gun from someone?

For those of you in California, we have the answers. Whether it’s to transfer a firearm, purchase a firearm, or buy a gun for someone else, here’s what you need to know regarding both federal law and state law. Read on to find out if buying a gun for someone is legal in California.

Is it Legal to Buy a Gun From Someone?

Federal law states that you can buy a firearm as a gift, so long as you, the buyer, are registered as such. Even if you’re technically buying the gun for someone else, you will be treated as the “actual buyer” in the transaction. Furthermore, you’ll also need to make sure that the gun will be treated as a bona fide gift.

A “gift” in the legal sense is something that you give to someone without any form of compensation, whether that be money or something else of monetary value. The recipient of the said gift must also not be legally prohibited to own a firearm.

It’s also worth noting that background checks are not required by federal law when it comes to private gun sales, but firearms dealers will need to do so.

California Gun Purchasing Laws

Of course, federal law can be overridden by state law, and California has some rules regarding guns and gun laws. For example, open carrying is generally considered prohibited in California. When it comes to purchasing guns, you’ll have to do so through a dealer, even if the sale is private. All sales must be recorded by the state.

Can You Buy a Gun as a Gift for a Friend or Family Member in California?

Can you buy a gun as a gift? Can I buy a gun for someone else? The answer, simply put, is yes, but the method of doing so isn’t the same as in other states. Whether it’s for yourself or as a gift, you’ll need to transfer the firearm via a local retailer or dealer. This is a requirement, and you will need to do this for dealer sales and private sales. The same sort of requirement is followed in states such as New York, Oregon, Rhode Island, and Colorado, among others.

So if you’re wondering, “Can I buy a gun for someone else?” in California, you can – just through a licensed retailer or dealer.

Out-of-State Guns Must Come Into California Through a Dealer

California has laws pertaining to bringing firearms into the state. Can you legally buy a gun for someone else? Yes, but that doesn’t mean you can bring them to California as you, please. Residents of California must ship their firearms to a licensed dealer, after which the dealer will perform a background check.

It can take around 10 days before you can get your firearm back, but you can be exempt from this requirement in a few ways. If you are listed in a firearms registry and own the guns you plan on bringing, then you’re good. If you have a California license for a handgun, then you’re in the clear, too.

Penalties for Bringing Guns Into California Illegally

Most of the time, the penalty for bringing guns to California illegally is a misdemeanor. This means up to six months in county jail and/or a $1000 fine. However, if you were convicted of the same crime or are not legally allowed to own a gun, then you’ll be charged with a felony instead.

Contact Manshoory Law Group for Legal Help

If you have questions such as “Is it legal to buy a gun from someone?” or “Can you legally buy a gun for someone else?” then don’t worry. At Manshoory Law, we can provide legal assistance. If you’re not sure why are California gun laws the way they are, we’ve got you covered. Contact us if you’re looking for a reliable criminal defense attorney.