Fire Arms & Weapons
Relaxed Concealed Carry Standard in California Upheld
Prior to February 2014, California gun laws prevented law-abiding citizens from obtaining a concealed carry permit unless they were able to present documented justification for the permit. In February, a federal appeals court voted 2 to 1 to overturn the state’s requirement that applicants cite specific reasons detailing why they need a concealed carry permit. In the court’s decision, Judge Diarmuid O’Scannlain wrote “The right to bear arms includes the…
Read MoreDomestic Violence Conviction Will Now Result in Lifetime Firearms Ban
According to a recent California Court of Appeals ruling, anyone who is convicted of domestic violence in California will receive a permanent federal lifetime ban on possessing a gun. Under the ruling, you could be barred from possessing a gun for any offensive touching during a domestic violence incident, even if it did not cause physical injury. 1 The decision surrounds the case of a man who was convicted of…
Read MoreGovernor Vetoes Bill Aimed at Banning Future Sale of Many Semiautomatic Rifles in California
California already imposes some of the country's strictest gun control laws. On Oct. 10, California Governor Jerry Brown vetoed the most significant gun control bill from this year's legislative session. Senate Bill 374, authored by Senator Darrell Steinberg (D-Sacramento), would have banned the future sales of semi-automatic rifles that accept detachable magazines. In addition, current owners of these firearms would be required to register their firearm by July 1, 2015.…
Read MoreRequiring a convicted defendant to not associate with “suspected” gang members is not a proper condition of probation
As a result of a recent decision by the California Courts of Appeal, 6th District, a probation condition requiring that a defendant avoid associating with individuals who are known, or suspected, to be gang members is unconstitutionally vague. Mario Gabriel pled guilty to charges that included having unlawful possession of a concealed firearm. Convicted in 2009, Gabriel was placed on probation for three years. Among the various conditions of probation…
Read MoreDefendant Convicted of First Degree Murder Has Sentence Overturned Based on Insufficient Evidence
Why You Need an Experienced Criminal Defense Lawyer on Your Side The Ninth Circuit Court of Appeals recently overturned a first degree murder conviction in US v. Begay (2009 DJDAR 7955). Begay was convicted of two counts of first degree murder and two counts of using a firearm during a crime of violence. The District Court imposed mandatory concurrent life sentences for each murder conviction as well as 35 years…
Read MoreO.C. Man Sentenced to 17 Years for Making Threats to Wife and Family Law Judge
A 45-year-old Orange County man was sentenced to 17 years imprisonment for possessing homemade explosive devices with the intent to kill his former wife, her divorce attorney, the family court judge and Huntington Beach Police Department officers. The Costa Mesa resident was ultimately charged with a laundry list of offenses, 15 felony counts in all, including stalking, possession of a destructive device with intent to injure, possession of a homemade…
Read MoreVehicle Searches Incident to Arrest
Evidence from Warrantless Vehicle Search Incident to Passenger's Arrest is Suppressed where Defendant was Inside Patrol Vehicle when Searched Defendant, Gonzalez, was convicted of Possession of a Firearm and Ammunition. This conviction resulted when a firearm was found during a June 19, 2006 traffic stop of a car in which Gonzalez was riding. The police, following the arrest of another passenger with outstanding warrants, searched the passenger compartment and found…
Read MoreAppealing a Felony Conviction in California
Felony Conviction Reversed when Prosecutors Fail to Turn Over Evidence to Defense: Why You Need an Experienced Criminal Appeals Lawyer to Win Your Case The Federal Court of Appeals has reversed the conviction of a defendant who had been found guilty of being a felon in possession of a firearm due to prosecutorial misconduct. The defendant had been sentenced to prison and now will be given a new trial where…
Read More911 Calls and Anonymous Tips are Enough for an Officer to Detain you and Conduct a Cursory Search for Weapons
Recently a California Court of Appeals decision affirmed that an officer is not violating your constitutional rights if he stops you and searches you for weapons based on an anonymous tip, so long as that tip provides the officers with detailed information. In this instant case, the information provided was items of clothing, location, and direction headed. Furthermore, the area was known for gang activity, and officers were aware that…
Read MoreCalifornia Police Informant Tips can be Unreliable
What If The Police Used An Informant In My Case? What Can My Criminal Defense Attorney Do? Before a police officer can stop a person, they must have reasonable suspicion that criminal activity is occurring. One way in which police can get reasonable suspicion is through informants' tips. Sometimes, people will inform the police about suspected criminal activity. These tips must be sufficiently reliable in order for the police to…
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