Much has been made about the perception of the prevalence of firearms in this country, including firearm-related crime. While statistical analysis and evidence illustrates that crimes committed with firearms have been on a downward trend for the better part of the past three decades, including an almost 50% drop in homicides during that time, the news is still full of reports of these crimes. Thus, although we are living in a much safer society, unfortunately, tragedy can – and does – occur. Being charged with a firearm-related crime carries with it varying degrees of incarceration, and retaining the services of a criminal defense attorney experienced in defending such crimes can be crucial to ensuring that the accused is given the best chance at combating such charges. Recently, the California Legislature passed a total of nine bills increasing the control of firearms, presumably in an effort to reduce firearm-related crime in the state. A discussion of some of the far-reaching aspects of these bills will follow below.
Age to Purchase Firearms
If signed by the Governor, SB 1100 will change the age at which an individual may purchase a firearm. Currently, California law generally prohibits the sale or transfer of a handgun to anyone under 21, and the sale of a firearm other than a handgun to anyone under the age of 18. Additionally, an individual wishing to manufacture or assemble a firearm must also adhere to the age minimums set forth above.
As written, SB 1100 will raise the minimum age to purchase any firearm in the state to 21. Further, as part of a transition period, anyone aged 18-21 who wishes to purchase a firearm in the state that is not a handgun must apply to do so before February 1, 2019.
Waiting Period to Purchase
Another restriction (SB 1177), if passed, would modify the time period in which a person may purchase multiple firearms. Current law prohibits an individual from purchasing more than one handgun within a 30-day period. Further, a penalty can be imposed on a firearms dealer if he/she is aware that the transfer of a handgun would violate this period.
As written, SB 1177 would make the 30-day prohibition and the dealer delivery proscription above applicable to all firearms. However, the bill would exempt from that time proscription the purchase of a firearm, other than a handgun, by an individual who possesses a valid, unexpired hunting license issued by the state, as well as the acquisition of a firearm, other than a handgun, at eligible charity fundraising events.
Other Firearms Laws
In other laws:
- Currently, concealed carry (CCW) permit holders must complete 16 hours of firearms training prior to receiving a permit, and at least four hours of additional training every two years prior to renewal of the CCW permit. AB 2103, also on the Governor’s desk, would add additional requirements for CCW renewal.
- AB 2888 would expand the individuals authorized to petition for an ex parte one-year, or renewed gun violence restraining order, which prohibits the possession, transfer, and sale of firearms, to a person’s employer, coworker, mental health attendant (who has seen the individual as a patient within the last 6 months), or an employee of a secondary or post-secondary school (where the individual has attended in the last 6 months).
Hire A Criminal Defense Attorney
If you have been charged with a firearm-related crime, please contact the experienced criminal defense attorneys at Manshoory Law Group, APC as soon as possible. Experience in criminal defense is crucial, and the lawyers at Manshoory Law Group, APC will use their knowledge of criminal law, including in firearms defense, to devise a strategy and present the best possible case. Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.