Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Three Potential Defense Options for Charges Related to Generally Prohibited Weapons

If you are accused of or charged with possessing, manufacturing, or selling generally prohibited weapons, there are a number of legal defenses that you could bring. Today we will go over three defenses to firearms charges. If you have questions or require a free legal consultation, contact Law Office of Michael L. Fell at (949) 585-9055 at your convenience.

  1. You Did Not Have the Knowledge Required to Have Committed a Crime
  2. It is up to the prosecutor to prove that you knew you had, manufactured, or sold a prohibited weapon and that you knew about the illegal nature of the weapon. If you did not know that it was in your possession, if you did not know that the item you had could be used as a weapon for unlawful purposes, then you should not be found guilty.

    For example, some generally prohibited weapons do not look like weapons. In fact, that is what makes them illegal. If you had an umbrella and thought that it was nothing more than an umbrella and it turns out to be a gun, you should not be found guilty if you had no idea it was a gun.

  3. The Weapon in Question Was Not a Generally Prohibited Weapon
  4. There are only specific weapons that fall under the description of a generally prohibited weapon. If the weapon you had does not meet the qualifications, then you have not committed the crime. The weapons include:

    • Specific types of knives
    • Melee weapons
    • Certain modified firearms
    • Firearms that are not immediately recognizable as firearms
    • Certain types of ammunition and explosives

    The law is then more specific about which items qualify. If the item you are being charged for possessing, manufacturing, or selling is not on this list, then you should not be convicted.

  5. You Have a Valid Permit for the Weapon in Question
  6. There are certain situations under which certain weapons that are listed as generally prohibited weapons can be carried as long as the person carrying it holds the proper license. If you do have a lawful license for the weapon in question, then this is a valid defense that could – and should – lead to your charges being dismissed.

Call Today for a Free Legal Consultation with an Experienced Criminal Defense Attorney

If you are facing weapons or firearms charges in California, then we welcome you to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. We are here to listen to the basics of your story and determine the best way forward. You are not in this alone – let us help you move forward from the charges you are facing today.