Using Self-Defense as a Defense to Federal Gun Charges in California

Using Self-Defense as a Defense to Federal Gun Charges in California

Being charged with a federal gun crime in California can be scary. Many people facing these charges were simply trying to defend themselves or their family and thought they were acting lawfully. However, prosecutors may see things differently. Fortunately, you may be able to fight the charges by arguing self-defense.

Self-defense laws in California allow you to use reasonable force to protect yourself or others from harm. This means that if you are charged with a federal gun crime but can show you acted in self-defense, you may be able to get the charges reduced or even dismissed.

Federal Gun Laws in California

Some of the most common federal gun charges in California include:

• Possession of a firearm/ammunition by a prohibited person – It’s illegal for certain people, like felons, to possess guns or ammo.
• Possession of an unregistered firearm – All guns in California must be registered.
• Possession of a firearm with an obliterated serial number
• Possession of a machine gun
• Possession of a short-barreled rifle or shotgun
• Possession of a silencer

These charges often carry multi-year prison sentences. But if you can show you possessed the weapon for self-defense, you may be able to fight them.

Using Self-Defense as a Defense to Federal Gun Charges

Under California law, you can argue self-defense if:

• You reasonably believed you or others were in imminent danger of harm.
• You reasonably believed the immediate use of force/violence was necessary to defend against that danger.
• You used an amount of force/violence that was reasonably necessary to defend against that danger.

This means if you can show you possessed a firearm because you feared for your or your family’s safety, you may be able to fight federal gun possession charges in California.

For example, let’s say you’re a convicted felon prohibited from having a gun. One night, an intruder breaks into your home. You grab your handgun and hold the intruder at gunpoint until police arrive. Here, you could argue self-defense even though you illegally possessed the gun as a felon.

Using Deadly Force in Self-Defense

You can also argue self-defense if you used deadly force with a firearm to protect yourself or others. But the imminent danger you faced must have been extremely serious, like:

• Threat of death or great bodily injury to you or others
• Burglary of your occupied home or vehicle
• Kidnapping or sexual assault

The amount of deadly force you use must also be proportional to the threat. For example, if an unarmed attacker punches you, shooting them dead would likely be excessive.

Imperfect Self-Defense

Even if your use of deadly force doesn’t quite meet the strict requirements for perfect self-defense, you may still be able to claim “imperfect self-defense” in California. This means you honestly but unreasonably believed deadly force was necessary.

Imperfect self-defense can get murder charges reduced to voluntary manslaughter. The sentence is much less than murder – 3, 6, or 11 years vs. 25 to life.

Using Self-Defense Against Specific Federal Gun Charges

Let’s take a look at how self-defense works against some common federal firearm offenses:

Possession of a Firearm by a Prohibited Person

Felons, domestic abusers, people with mental illness, and certain other groups cannot legally possess firearms under 18 U.S.C. 922(g). But self-defense may still justify illegal possession in urgent circumstances.

For example, if you grab your roommate’s gun to fend off a home intruder, your temporary illegal possession could be excused.

Possession of an Unregistered Firearm

Under California’s unsafe handgun law, all handguns must be registered. Possessing an unregistered handgun is a felony. But you can argue self-defense if:

• You urgently needed the gun for self-defense, and
• You tried to register it or intended to register it as soon as reasonably possible.

Using a Silencer in Self-Defense

Silencers and suppressors are strictly regulated under the National Firearms Act. Few civilians legally possess them. But let’s say you grab your roommate’s unregistered silencer to defend against a home intruder. Here, self-defense may excuse your illegal possession.

Getting Legal Help

As you can see, self-defense can be a powerful defense against federal gun charges, even very serious ones. But the law is complex. An experienced criminal defense lawyer can help argue that your actions were lawful self-defense.

If you face federal firearm charges in California, don’t go it alone. Speak with a lawyer to protect your rights and future.