Exceptions to Penal Code 171.7 PC
Certain individuals are exempt from this law, including:
- Law Enforcement Officers: On-duty officers or those with appropriate authorization.
- Authorized Security Personnel: Individuals licensed to carry weapons within their professional scope.
- Secured Firearms: Unloaded firearms stored in a locked container or checked as baggage under approved conditions.
Penalties for Carrying Weapons at Public Transit Facilities
For less severe violations, such as possessing a prohibited item like a knife or unloaded firearm, the offense is typically charged as a misdemeanor. This can result in penalties including up to 6 months in county jail and fines of up to $1,000.
More serious offenses, such as carrying dangerous or concealed weapons, are often charged as felonies. These carry harsher consequences, including prison sentences of 16 months, 2 years, or 3 years, along with significant fines. Cases involving weapons intended for unlawful purposes may result in even stricter penalties, emphasizing the importance of a strong legal defense.
Aggravating Factors That May Enhance Penalties
- Carrying a Loaded Firearm: Particularly if it’s concealed without proper authorization.
- Possession of Explosives: Such as grenades or incendiary devices intended to cause harm.
- Repeat Offenses: Prior convictions for weapons violations can result in enhanced sentencing.
Defenses to Penal Code 171.7 PC Weapons at a Public Transit Facility Charges
One common defense involves demonstrating a lack of knowledge. If you were unaware that you possessed the weapon—such as when someone else placed it in your bag or vehicle without your knowledge—you may avoid conviction. Another potential defense is unlawful search or seizure. If law enforcement violated your Fourth Amendment rights by conducting a search without probable cause or legal justification, any evidence obtained through that search may be excluded from court.
Exemptions under the law may also serve as a defense. For example, law enforcement officers, security personnel, or individuals who properly stored the weapon in accordance with legal requirements may be exempt from prosecution. Additionally, if the item in question does not meet the legal definition of a prohibited weapon under Penal Code § 171.7, charges may be dismissed or reduced. In some cases, showing that there was no intent to harm or endanger public safety can be an effective strategy, as the statute focuses on threats to public transit systems.
Finally, duress may be argued if you were forced to carry the weapon under threats to your safety or that of your family. Our firm’s criminal defense attorney will analyze every aspect of your case to identify weaknesses in the prosecution’s evidence, challenge any procedural errors, and build a defense aimed at achieving the best possible outcome
Related Charges to Penal Code 171.7 PC
Weapons charges involving public transit facilities often intersect with other serious offenses under California law. One common related offense is Carrying a Concealed Weapon (Penal Code 25400), which prohibits unlawfully carrying a concealed firearm on your person or in a vehicle. Convictions under this statute can result in fines, jail time, and additional restrictions on firearm ownership.
Another related offense is Possession of an Assault Weapon (Penal Code 30605). This charge involves owning, transporting, or possessing firearms classified as assault weapons under California law. Penalties for this offense include significant fines and potential state prison sentences, particularly for repeat offenders.
Additionally, Possession of Explosives (Penal Code 18710) is often charged in cases where individuals are found with explosive devices or materials in prohibited areas, such as public transit facilities. Violating this statute can lead to severe consequences, including lengthy prison sentences and hefty fines, due to the inherent risks posed by explosive materials.
Charged with Carrying a Weapon at a Public Transit Facility? Contact a Los Angeles Defense Attorney Today
At The Law Offices of Arash Hashemi, we bring over 20 years of experience defending clients against complex weapons charges in Los Angeles. Attorney Hashemi will thoroughly investigate your case, challenge the prosecution’s evidence, and work to secure the best possible outcome—whether that means a reduction of charges, dismissal, or an alternative resolution.
Early intervention is critical. We can engage in prefiling negotiations with law enforcement or filing deputies to prevent formal charges, a process known as a “DA reject.” If the case proceeds, we are prepared to aggressively defend you at every stage, from pretrial motions to trial advocacy.
Don’t face these charges alone. Call our office immediately for a consultation. You can also schedule a 15-minute consultation through our secure online system. Our office is conveniently located in the Westside Towers in Los Angeles, serving clients throughout Santa Monica, Beverly Hills, Westwood, and the surrounding areas.
Schedule Your Consultation Today
- Phone: (310) 448-1529
- Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
- Email: Contact@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend
