Tenacious Weapons Charges Lawyer In Tustin
Facing a weapons charge in Tustin can be overwhelming. We know you may feel stressed and unsure about what comes next. California has some of the toughest gun laws in the nation. A brief lapse in judgment or a simple mistake while carrying a firearm can alter your life in an instant.
At the Law Offices of Ali Komaili, we listen with care and defend you with steadfast determination. Our mission is simple: to safeguard your freedom and your record. Our criminal defense attorney, Ali Komaili, has nearly a decade of legal experience helping defendants with a wide range of charges, including DUIs, drug charges and domestic violence. He manages every case directly and personally, making sure your rights and interests are protected at all stages.
Common Gun Violations In California
Authorities in Orange County prosecute weapons violations with extreme severity. Even a minor oversight regarding where or how you carry a weapon can lead to life-altering criminal charges. Some common firearms offenses in California are:
- Carrying a concealed handgun without a valid carry concealed weapon (CCW) license.
- Carrying a loaded firearm in public.
- The possession of firearms classified as assault weapons.
Aggravating factors – such as using the firearm in the commission of a crime – can lead to a state prison sentence.
What Are The Penalties For Illegal Possession Of A Firearm
Most weapons violations can be prosecuted as either a misdemeanor or a felony.
- Misdemeanor penalties: If charged as a misdemeanor, you face up to one year in county jail and a fine of up to $1,000.
- Felony penalties: Most individuals convicted of felony weapon charges serve their time in county jail rather than state prison. A felony conviction can result in a sentence of 16 months, two years or three years.
A conviction often triggers a mandatory period during which you are prohibited from owning or possessing any firearm or ammunition:
- Ten-Year prohibition: A conviction for most weapons-related misdemeanors results in a ten-year ban on your right to possess firearms.
- Lifetime prohibition: Any felony conviction, or specific misdemeanors involving domestic violence, results in a lifetime ban under California and Federal law.
Because these bans are often permanent and automatic, the most effective defense is to prevent the conviction from being entered into your record.
Can I Own A Gun After A Felony Conviction?
Generally, no. Under California law, anyone convicted of a felony is prohibited from possessing firearms for life. Violating this prohibition results in automatic new charges. There are very limited legal avenues to restore these rights, so the best defense is to avoid the initial conviction.
What Should I Do If I’m Arrested For Illegal Possession Of A Firearm?
First, remain silent. Do not attempt to explain the situation to the officers, as your words will be used against you. Second, do not allow voluntary searches without a warrant. Third, contact an experienced weapon charges attorney immediately. A lawyer will intervene to ensure your rights are not violated during the process.
Answers To Common Questions About Weapons Charges In Tustin
Weapons laws in California change often, and Orange County prosecutors enforce them strictly. Here are answers to questions Tustin residents often ask after a firearms arrest.
Do local Orange County law enforcement agencies recognize out-of-state concealed carry permits?
No. California does not honor concealed carry permits from any other state, so a valid permit from Texas, Arizona or anywhere else carries no legal weight here.
Police in Orange County treat someone carrying under an out-of-state permit the same as someone with no permit at all. That person may face charges for carrying a concealed firearm under Penal Code section 25400 or carrying a loaded firearm in public under section 25850. Both offenses can be charged as misdemeanors or felonies, depending on factors such as a stolen gun or certain prior convictions.
How does the SB 2 law impact where CCW holders can carry in Orange County?
Senate Bill 2 (SB 2), which took effect in 2024, restricts where even holders of a valid California CCW license can carry a firearm. The law designates 26 categories of “sensitive places,” including playgrounds, stadiums, hospitals and public transportation. It also bars carrying in privately owned businesses open to the public unless the owner posts a conspicuous sign allowing firearms.
Federal courts have since blocked enforcement of the hospital, public transit and private-business provisions while litigation continues. The playground and stadium restrictions remain in effect, so checking current law before carrying anywhere is essential.
Where will my criminal case for a weapons charge in Tustin be handled?
After an arrest by the Tustin Police Department or the Orange County Sheriff’s Department, the Orange County District Attorney’s Office generally prosecutes the case. Misdemeanor and felony weapons cases from Tustin are typically heard at the Central Justice Center, located at 700 Civic Center Drive West in Santa Ana.
The arraignment, pretrial hearings and trial all take place there. For a felony charge, the process also includes a preliminary hearing, where a judge decides whether the prosecution has enough evidence to send the case to trial.
Don’t Face The Justice System Alone
Your freedom and your right to carry arms are worth fighting for. Call us today at 657-600-0095 for a private consultation with our lawyer, or use the online contact form. Attorney Ali Komaili is ready to build the defense you need.