New California Gun Crime Defense Laws

- Dmitry Gurovich

New laws and an amendment to existing gun crime laws took effect early this year. The legislative measures were enacted in response to tragic incidents in the previous year, including the killing of a Santa Rosa boy when police mistook his toy gun for a real firearm.

Because ignorance of these new set of laws is not an excuse if caught or arrested for gun crimes, staying updated on the latest developments in gun control legislation can be your best gun crime defense against prosecution.

Colored BB, Pellet, and Airsoft Guns

Section 16250 of the California Penal Code refers to a BB device as apparatus that ejects a projectile such as a pellet or BB, not more than 6 millimeters in caliber. But with Senate Bill 199, Section 16250 has been amended by deleting the maximum caliber, effectively extending the penal code’s scope to include any BB or pellet exceeding 6 mm in caliber.

The new law further makes it illegal to:

  • Purchase
  • Sell
  • Manufacture
  • Ship
  • Transport
  • Distribute
  • Or receive

any BB gun expelling pellets or BB that is 6 mm to 8 mm in caliber unless these imitation firearms meet specified coloration requirements. The law is intended to help law enforcers distinguish toy guns from the real thing, minimizing judgment errors in performing their duties.

Gun Violence Restraining Orders

Under another new law, family members are allowed to seek a court order to disarm a relative who may be a threat to others or to himself/herself. The law further authorizes police to confiscate that person’s legally owned weapon for 21 days with or without their prior knowledge.

No Concealed Firearms in Schools

Senate Bill 707 prohibits gun owners from carrying concealed firearms in educational institutions such as K-12 schools and colleges. This law was passed amidst growing concerns about increasing incidence of gun violence in campuses.

Gun laws in California are so complex that it is possible for anyone even with a licensed firearm to still face charges for certain gun crimes. If you are charged with gun crimes in California, depending on the charges filed, you may face penalties such as steep fines and imprisonment.

Your best gun crime defense is to call an experienced criminal defense attorney immediately.

In Beverly Hills, Van Nuys, San Fernando, and other parts of Los Angeles, California, the law firm of Gurovich, Berk & Associates, APC has years of proven experience in gun crime defense, aggressively representing clients with simple and complex violations.

We welcome your call us at (213) 385-1555 to arrange for a free initial consultation with one of our attorneys.