As Moreno Valley firearms crimes defense attorneys, we were interested in a short news item about a man who was arrested for "brandishing" a false weapon. The Orange County Register reported Aug. 11 that Brandon Asbra of Mira Loma, 30, was arrested that day on suspicion of brandishing a replica or imitation firearm. Asbra was driving on the 91 freeway near Imperial Highway when another motorist spotted him holding a gun near the steering wheel. That motorist called the police, and California Highway Patrol cars responded. They followed Asbra's vehicle onto the 57 freeway and then from an exit into the city of Orange, where several CHP and Orange Police Department units pulled him over. They found the false firearm and arrested him on suspicion of brandishing a replica or imitation firearm.
Our Pomona firearms criminal defense attorneys were interested in this story because we are not sure Asbra actually committed any crime. Carrying a firearm openly is legal in California under most circumstances. As long as you are otherwise authorized to have a handgun, you may carry it openly in places where handguns are permitted. This includes a motor vehicle. (School zone laws mean you must stow the gun in a trunk or locked container within the school zone.) Thus, Asbra probably would have had the legal right to carry the gun even if it had been real. Calling the police on everyone who exercises this right would be a waste of police resources and a potential violation of the Second Amendment. In fact, on the same day, another Orange County man was arrested for falsely reporting a crime after he called the police to report a real handgun in his boss's desk drawer.
Of course, all of this applies to real firearms, and Asbra is accused of brandishing an imitation firearm. Openly displaying an imitation firearm in California is a minor offense -- an infraction rather than a misdemeanor, with a fine of $100 on the first offense. It's also possible that he could be charged with "exhibiting a firearm in a threatening manner" while inside the vehicle, a much more serious crime intended to combat drive-by shootings. Here, the burden of proof would be on the prosecution to show that Asbra was "rude or threatening" and that his imitation gun should count as a real gun. This might work if the other motorist had a reasonable fear for his or her life, such as if Asbra was pointing the gun at that person, or randomly out the window of his vehicle. The realism of the replica might also matter -- that is, if Asbra's imitation handgun was made of red plastic, it would make any fear he inspired considerably less reasonable. But if he just happened to be carrying a gun and wasn't paying special attention to the motorists around him, it would be much harder to make this case.
Howard Law, P.C. represents people accused of all types of firearms crimes in California. Our state has some of the most restrictive firearms laws in the country, and it's easy for law-abiding people to violate those laws out of confusion or lack of a strong education about firearms. Because some people find firearms inherently threatening, you may also face a firearms charge simply because police have negative associations with firearms being carried by people of your age, race and gender. As Fountain Valley firearms criminal defense lawyers, we vigorously defend people who are accused of serious crimes for exercising their legal rights, especially when there was no demonstrable harm done. Firearms criminal laws can carry serious penalties, so it's vital for those charged to mount a strong defense.
If you're charged with a firearms crime in California, Howard Law, P.C. can help. To learn more or set up a free consultation, contact us online or call 1-800-872-5925 today.
