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2nd Amendment Cases

Contra Costa County Lawyer for 2nd Amendment Cases

CALIFORNIA SECOND AMENDMENT RESTRICTIONS

Daniel Horowitz defends citizens who use their firearms for legitimate purposes such as self protection, protection of others, protection of property and self-defense against a criminal assault.  Lawful conduct, concealed carry, restrictions on guns at home are all in flux since the U.S. Supreme Court's decision in New York State Rifle & Pistol Assn.. v. Bruen.  Laws and restrictions are being struck down nationwide but local jurisdictions are testing the limits of Bruen by passing and enhancing restrictive gun laws.

Read Daniel's Blog

Is California's Assault Weapon Ban Unconstitutional?

 “Is California's Safe Storage Law Unconstitutional?”

If you have a gun related case, the Horowitz law office will assist.

List of 40 Misdemeanor Crimes that Will Take Your Guns for 10 Years

SUMMARY OF CALIFORNIA GUN LAWS

Assault Weapons Ban: California has a ban on the sale, transfer, and possession of assault weapons. Many people disagree with how an Assault Weapon is defined and believe the definition is overly broad.

Background Checks: Background checks are required for all gun sales, including private transactions. Purchases from licensed dealers involve a 10-day waiting period. The background checks make purchasing a handgun tedious. The 30 day rule bars more than one gun purchase every 30 days.

Handgun Roster: Only handguns that meet certain safety standards and are listed on the California Roster of Handguns may be sold or transferred in the state. Try buying a Sig Sauer P365, you might find one online ... or not. It has created a major purchasing bottleneck.

Ammunition Sales: Ammunition sales are subject to background checks, and buyers must obtain a permit to purchase ammunition. There are restrictions on the online purchase of ammunition.   

Concealed Carry Permits: California was (in the past) a "may issue" state for concealed carry permits.  It gave discretion to local authorities to decide if they would issue permits.  As of June 24, 2022, Attorney General Rob Bonta instructed law enforcement agencies to stop requiring “good cause” in order to obtain a concealed carry permit. Applying Bruen, he stated that any requirement to show a need or cause was “unconstitutional and unenforceable."

Open Carry: Open carry of unloaded handguns is generally prohibited in California. This is a bit strange since an open carry weapon is much less of a threat than a hidden weapon if you are concerned of the improper use of the weapon.

Gun-Free School Zones: Possession of firearms is generally prohibited within 1,000 feet of a school or on school grounds, with some exceptions.

Magazine Capacity Limits: The sale, import, or transfer of large-capacity magazines is restricted. Possession of such magazines acquired before the ban is subject to certain limitations. The “10 limit” does not apply to larger capacity magazines already owned - but if you are arrested how do you prove when you came to possess the larger capacity magazine?

Prohibited Persons: Certain individuals, such as convicted felons, individuals with restraining orders, and those with certain mental health issues, are prohibited from owning firearms.

Safe Storage Requirements: Firearms must be stored in a locked container or with a locking device to prevent unauthorized access. Gun control advocates are attempting to create local laws that impose additional restrictions on gun ownership.

Here are the statutes that apply to these categories

Assault Weapons Ban:                                

 Penal Code section 30510-30530

Background Checks:

  • Penal Code section 28220-28225

Handgun Roster:

  • Penal Code section 32000-32110

Ammunition Sales:

  • Penal Code section 30300-30303

Concealed Carry Permits:

  • Penal Code section 26150-26225

Open Carry:

  • Penal Code section 26350-26388

Gun-Free School Zones:

  • Penal Code section 626.9

Magazine Capacity Limits:

  • Penal Code section 32310-32390

Prohibited Persons:

  • Penal Code section 29800-29875

Safe Storage Requirements:

  • Penal Code section 25100-25140
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  • Public Service and Community

    Daniel Horowitz turned down many offers to join large law firms in their trial departments.  Staying in the Lafayette Community, participating in school activities, local music programs and local athletics was more important to him.   Dan is a long serving member of the Lafayette Crime Prevention Commission and a strong supporter of LPIE, Generations in Jazz, the Chamber of Commerce, Acalanes sports and many other Lafayette and Contra Costa County charities and community organizations.

  • Lawyers in Lafayette, Contra Costa County, New York, & Washington State

     Lawyers in Lafayette is located in Contra Costa County.  We have established relationships with lawyers throughout California and the United States.  Members include legendary New York based First Amendment Attorney Martin Garbus with whom we have worked on cases from Ukraine to New York and are presently litigating a case in Washington D.C. defending two journalists sued for “trespass” when they went undercover to unearth a major news story. 

    Other members  with separate practices who work on Daniel's custom teams include Vallejo, California Criminal Defense Specialist Dan Russo, a veteran of over 300 jury trials. 

    In New York we partner with the legendary lawyer, Martin Garbus. Martin Garbus is the author of six books and over 30 articles in The New York Times, The Washington Post and the Los Angeles Times. Shouting Fire is a documentary film about his life and career. He received the Fulbright Award for his work on International Human Rights in 2010.   Horowitz and Garbus are presently set for trial in the U.S. District Court in Washington D.C. defending two journalists being sued for uncovering the Hamas connections of a well known (self identified) “civil rights” organization.

    Our physician defense group in Washington State is led by the powerhouse attorney of Washington State, Anne Bremner.  

    Our physician lawyer Dr. Mark Ravis is headquartered in Calambas, California.   Mark Ravis and Daniel Horowitz recently won a major victory in a worker's compensation fraud criminal case in Orange County.  All charges against their clients were dismissed on demurrer and on due process (Fifth Amendment) grounds.

     Lawyers in Lafayette is not a law firm.  It is a group of lawyers with independent practices.  Offices are in Lafayette, Napa, Vallejo and Calabasas.  Each lawyer on this website is an independent lawyer with a separate practice.   

  • Introducing Dr. Mark Ravis Physician - Lawyer / Medical Doctor

    Our physician lawyer Mark Ravis provides the highest quality medical license representation.  Chiropractor/paralegal Michael Yates and lead counsel Daniel Horowitz complete the trial portion of the medical defense legal team.  We protect doctors on MEC review issues, medical board matters, practice group disputes and hospital discipline.   Daniel's Youtube Channel features numerous videos of interest to medical doctors.  He also discusses what it was like to litigate against Vice President Harris when she was a prosecutor in the Alameda County District Attorney's office.

  • Deeply Involved in Community Service

    Daniel Horowitz is an active community member serving for over eight years on the City of Lafayette, Crime Prevention Commission. He is a member of the Chamber of Commerce and a major contributor to Lafayette Partners in Education. Daniel is a strong supporter of Acalanes High School sports as well as Generations In Jazz and the Lafayette artistic community.

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