California Penal Code 171b – Weapons in Public Buildings

PC 171b outlaws possessing and bringing weapons into a local public and state building. You should not deal with the charges lightly. If convicted of this offense, you will face severe repercussions that could affect your livelihood, life, and future. Engaging a skilled San Diego attorney is in your best interests if you have been charged with the crime. The Law Offices of Anna R. Yum understands California gun crime laws, and we can aggressively fight for your rights and freedom. We can negotiate the matter with the prosecutor, and if that does not bear fruit, we can represent you before the judge.

What You Need to Know about PC 171b

California Penal Code 171b prohibits bringing certain weapons into public buildings. These forbidden weapons include the following:

• Any knife that has a blade length exceeding 4 inches
• Firearms
• Stun gun or taser 
• Projectile weapons
• Pellet or BB gun
• All deadly weapons

There are certain exceptions to the prohibitions of bringing a weapon into a public building, including the following:

• You are a peace officer
• You were legally transporting weapons in a courthouse for use as evidence
• You had authorization to possess the gun because you were in charge of securing the public building in which you were present.
• You have a valid license allowing you to carry a gun.

Penal Code 171 defines a public building as any building owned or leased by the state or local government if state or local staff are regularly present to perform their official duties. A perfect example is a courthouse. This statute also covers an open meeting to the public, whether indoor or outdoor. It can include a community meeting, a town hall meeting, and a city council meeting. 

Penal Code 171b Penalties and Criminal Repercussions

A California PC 171b violation is a wobbler; the prosecutor can charge it as a misdemeanor or felony. Typically, the prosecution team evaluates the case facts and your past criminal record before determining how to file the Penal Code 171b charges.

A misdemeanor conviction attracts a maximum of one year in jail, while a felony conviction is punishable by a prison sentence not exceeding three years. 

Legal Defenses to Violation of PC 171b

Despite PC 171b charges carrying severe penalties, it has formidable defenses that you and your lawyer could use to fight the charges. They include the following: 

No Illegal Weapon

PC 171b only forbids the weapons listed in the code section. Therefore, you can prove that your object was not an illegal weapon within the statute’s language. 

You Had an Exemption

Remember that specific individuals are exempt from prosecution per PC 171b. You can fight the charges and prove the exemption by presenting evidence supporting your claim.

Related Offenses

There are other charges connected to California Penal Code 171b violations. The prosecutor can decide to charge you with them. They include the following:

Possession of a Destructive Weapon

PC 18710 makes it illegal to possess a destructive device, including a rocket-propelled projectile, projectile with incendiary material, bomb, explosive missile, or grenade. 

This law is stringent because possessing is enough to face criminal penalties. You do not require the intent to use or explode the device. The crime is a wobbler. A misdemeanor carries a year in jail and a $1,000 fine, while a felony attracts a $10,000 fine and three years in state prison. 

Brandishing a Weapon or Firearm

PC 417 defines brandishing as exhibiting or drawing a weapon in a threatening manner or using it in a fight (apart from self-defense). 

Typically, prosecutors file the crime as a misdemeanor that attracts up to a year in county jail. 

The crime becomes a wobbler if you brandish a firearm on a daycare center’s grounds while it is ready for use. A felony conviction carries three years in state prison. 

A PC 417 breach also attracts adverse immigration repercussions and loss of firearm rights. 

Cane Sword

Per PC 20510, it is illegal to sell, give, possess, import, or manufacture a cane sword. A cane sword resembles a standard cane but has a sword hidden in it. 

The offense is a wobbler. A misdemeanor attracts a year in jail and a $1,000 fine. On the other hand, a felony carries three years in jail. 

PC 25400 (Carrying a Concealed Weapon)

Under PC 25400, carrying a concealed firearm in your car or person is illegal unless you have a valid permit. You are not guilty of this statute if you carry a weapon in plain view. 

The crime is a misdemeanor, provided there are no aggravating circumstances. The penalties include $1,000 in fine, summary probation, and a year in jail.

The crime becomes a felony if you have a prior felony conviction, you stole the firearm, or you are a member of a criminal street gang. You risk facing the following maximum penalties after the judge finds you guilty:

• Three years in jail
• $10,000 in fines

Restoring Your Firearm Rights

In California, it is illegal for a felon to possess, buy, or own a gun. That means law enforcers will withdraw your firearm rights once the judge convicts you of a felony. For most individuals, the legal right to own a firearm is crucial; it could be for recreational, employment, or personal safety purposes. Therefore, regaining the right to gun ownership is critical. 

If you meet the criteria, you could file to restore your gun rights in the following ways:

Reducing Your Felony to a Misdemeanor

Before restoring gun rights, a felony conviction should be reduced to a misdemeanor. Felonies eligible for a reduction must be wobblers.

A reduction must satisfy specific requirements for a petitioner’s sentencing, penal code details, and conviction year. To verify whether you qualify for a reduction, contact a lawyer with expertise in criminal record clearance to evaluate your record.

The process of reducing your felony conviction involves the following:

• Filing your petition — You should submit your petition in the court where you were convicted
• Attending a hearing — You will attend a court hearing where a judge will consider your criminal record, conduct since your conviction, and the nature of your crime.
• A decision — If your petition gets granted, the judge will reduce your initial felony conviction to a misdemeanor.

Filing For a Certificate of Rehabilitation (CoR)

A CoR is a court order stating that a petitioner has received rehabilitation following their felony conviction. The CoR details your efforts to reintegrate into society and is a step towards obtaining a governor’s pardon, which can reinstate your gun rights.

The process of obtaining a CoR entails the following:

• Confirm your eligibility — A confirmation helps verify if you satisfy the CoR application criteria, including completing your sentence, probation, or parole and living on the right side of the law.
• Filing a CoR petition — You should file your petition with the superior court of California in the locality in which you reside.
• Attend a hearing — A hearing will be conducted and presided over by a judge, who will review your petition according to factors presented, including criminal record and rehabilitation efforts.
• The court’s resolution — After thoroughly reviewing the evidence, the court will decide whether to grant you a CoR.

How to Help Your Lawyer Defend You

Attorneys have the legal expertise to navigate the California justice system, but they need your assistance to put together the best case defense possible. You can assist an attorney in defending you and securing the most favorable outcome by doing the following:

Speaking the Truth

Most people only narrate events that cast them as perfect and without reproach. Your attorney’s work is to defend you, not to pronounce you guilty. They require truthful facts relating to the circumstances of your case, no matter how bad they might sound. Telling your lawyer honest case facts helps them prepare the most vigorous case defense. 

Note that attorney-client privilege protects all deliberations with your attorney.

Ask Questions

Ensure you ask as many questions as you can to help you better understand your available options, defense strategies, and legal rights. A proven and knowledgeable legal counsel encourages and recognizes that a client’s questions are a sign of active participation.

Offer Evidence

Provide your attorney with evidence like witnesses’s contact details and names and relevant documents, even those that seem insignificant. Allow your attorney to decide if any evidence is crucial to your case. If the attorney asks you to offer particular information, do so immediately.

Always Follow Your Attorney’s Advice

Your legal counsel provides advice based on years of experience in similar cases. Follow their advice, even when you have conflicting opinions. Failure to adhere to their advice could attract further legal complications, making your attorney’s task even more daunting.

Do Not Talk to Police Officers

You must not talk to the police without the presence of your lawyer because the law enforcers might be fishing for evidence they can use to charge you with an offense. Remember, anything you say to the police could be used against you in court.

Stay Off Social Media

Ranting on social media increases your risk of self-incrimination. Although seemingly harmless, the prosecution team can use any comments or photographs you post on social media as ammunition against you. 

Also, avoid discussing your criminal case with anyone other than your lawyer. The prosecutor can require them to testify against you in court.

Do Not Skip Your Court Proceedings

You must attend all your scheduled court dates punctually. If you skip court proceedings, the court could revoke your bail, resulting in another arrest.

Can You Expunge Your Criminal Record?

You can, provided you did not serve time in state prison.  

An expungement refers to the dismissal of a conviction that occurred following a guilty verdict. After you obtain an expungement of record, you can legally say you have no prior convictions. 

The process of obtaining an expungement can be complex and exhausting. However, with an experienced and proven attorney guiding you through the process, the process runs smoothly, increasing the chances of the court granting your post-conviction relief request.

You qualify to file your petition after completing probation, and you are not charged with a crime, serving a sentence on probation. If you have not completed probation, you may seek an early termination of probation 

The procedure of expungement involves:

Filling a Petition For Dismissal

With the assistance of your legal counsel, you will fill out a petition for dismissal before filing the relevant paperwork with the Superior Court of California in the court where you were convicted.

The prosecution team has 15 days to evaluate your case and decide if it will object to the petition.

Next, a judge will schedule and preside over an expungement hearing. Unless your presence is required, your lawyer can represent you.

If your expungement petition is approved, your conviction can no longer be seen by the members of the public.

You can reapply within six months if the judge denies your expungement petition. Ensure you include all new changes in your petition.

A successful expungement removes almost all penalties and disabilities linked to your conviction. It allows you to answer “no” to whether you have ever been convicted of a crime on future work and educational opportunity applications. In other words, it offers you a clean start while avoiding discrimination faced by an individual with a criminal record.

Please note that an expungement does not:

• Reinstate your withdrawn firearm rights
• Restore a suspended driver’s license
• Prevent the court from considering your dismissed conviction as a prior conviction when enhancing your legal penalties once you are convicted of another offense
• Prevent the U.S. government from considering expunged convictions when determining whether to deport or mark an immigrant inadmissible in the county

Knowing Your Rights While Facing a Criminal Case

Every person accused of an offense is entitled to certain protections enshrined in the U.S. Constitution, the California Constitution, and the California Penal Code. These legal entitlements are protections against injustice and abuse.

These constitutional rights are as follows:

The Entitlement to Remain Silent

The 5th Amendment to the U.S. Constitution protects you against self-incrimination since the prosecution team can and will use every detail you disclose against you. You should not answer questions posed by the police or other authorities without the presence of your lawyer. 

Right to Due Process

The 14th Amendment guarantees due process; the authorities must abide by the legal processes and not infringe on your rights while investigating, arraigning, and prosecuting a criminal matter.

The due process consists of many entitlements, including ensuring that you have a fair chance to be heard, submit evidence and contest actions or decisions they perceive will negatively impact their life, property, or liberty.

The Entitlement Against Illegal Search and Seizures

The 4th Amendment and Section 13 of the California Constitution protect you from illegal searches and seizures. The police should have probable cause or a valid search warrant before searching your personal space or property. 

Please note that the police can request you to agree to a search if they have no probable cause. It is in your best interest to decline their request.

Right to Legal Representation

The law allows you to hire a lawyer to represent and advocate on their behalf. If they cannot afford one, the state must provide them with a public defender at no cost. 

Here is what to expect from your defense attorney:

• Offers an in-depth understanding of the justice system — The criminal justice system can be mind-boggling due to its complex laws and processes. A seasoned criminal defense attorney knows California’s criminal judicial process and can provide clarity and strategic legal guidance.
• Committed to defending you — You can fully trust a defense attorney to pursue what works for you because they are morally bound to defend you. Your attorney will work tirelessly to secure the best case outcome, whether you are at fault or not.
• Provides legal and emotional support — A defense attorney is a professional you may confide in. A qualified lawyer also resonates with your needs and values your partnership.
• Handling paperwork — Your seasoned defense attorney will keep track of your paperwork and fill it out correctly. They also ensure your paperwork’s accuracy and completeness to avoid any procedural pitfalls or mistakes.
• Help you comprehend the charges and potential penalties 
• Safeguards you from exploitation — Navigating the legal field, as an outsider, can feel helpless. However, a criminal defense attorney understands when the prosecution team attempts to trick you into revealing something that could cost your case or even money. They will advise you on the best ways to avoid finding yourself in any regrettable situation.
• Represent you in court — Your defense lawyer will be with you if the criminal case proceeds to trial. They will introduce evidence that supports your defense and challenge the prosecutor’s case against you. The legal counsel will also cross-examine witnesses by questioning the prosecutor’s witnesses to identify prejudice, absence of credibility, and inconsistencies. Finally, your attorney will present persuasive arguments before the judge, outlining the strengths of your defense and the gaps in the prosecutor’s case.
• Offer post-conviction relief services — If you are found guilty, your qualified lawyer can assist in seeking post-conviction relief options like expungement and appeal. For instance, after your PC 171b conviction, your lawyer can file an appeal based on a breach of your legal rights or procedural errors. It could result in a conviction reversal or another trial. 

Accept a Plea Bargain Offer or Proceed to Trial?

A plea bargain is a legal agreement between the prosecutor and the defendant in which you, the accused, plead guilty to an offense in return for a lighter sentence or the dismissal of the criminal charges. 

Accepting a deal while facing a criminal case has its pros and cons. Understanding them well and how they could affect your constitutional rights allows you to make a more informed decision when determining whether to reject or accept the prosecutor’s offer.

The pros of taking a plea bargain offer are as follows:

• A reduction of charges and sentencing — A significant advantage of plea deals is the chance to negotiate to reduce your charges or sentence. That way, you avoid life-altering penalties for a more severe criminal charge.
• Avoiding the risks of proceeding to trial — A plea bargain enables you to avoid the unpredictability of proceeding to trial and the uncertainty of a trial’s outcome. It allows you to resolve your criminal case with guaranteed outcomes without the stress of going to trial.
• Quicker case resolution — Plea bargains often result in a faster case resolution, allowing you to proceed with your daily routine.

On the other hand, the plea bargain has the following drawbacks:

• Waiver of your rights — Accepting a plea bargain means relinquishing certain constitutional entitlements, like surrendering the right to contest the evidence and mount a formidable defense in court.
• Criminal history — Plea bargains usually attract a criminal record. So, even accepting a plea bargain and securing a criminal charge reduction of charges does not mean you will avoid a criminal record.
• Possibility of unfavorable terms — Sometimes, the conditions of a plea bargain might not be as favorable as you might expect. The prosecution team could propose a deal with more severe penalties than proceeding to trial.

Your skilled criminal defense attorney can listen to you to understand your legal goals and can carefully determine if a plea deal suits your best interests.

Find Proficient Legal Representation Near Me

While the right to bear a firearm is a cherished freedom, it comes with a complicated web of state law. Navigating PC 171b can be challenging, mainly when facing criminal charges. In this case, it is recommended that the compassionate legal team at the Law Offices of Anna R. Yum reviews your charges to determine the best strategy to represent your legal goals and interests. You have constitutional rights, even after your arrest. The rights are designed to avoid the punishment and conviction of an innocent person. We can uphold your entitlements and use the law to work in your favor. Call our San Diego legal office at 619-493-3461 to book your confidential case review.