“A lawyer’s time and advice are his stock in trade.” ABRAHAM LINCOLN – Lawyer and U.S. President
A lawyer’s professional services differ from those of a doctor or dentist in one important way – much of the work of a lawyer is performed when the client is not present. A client should know that a document prepared for him, or advice given to him, is the product of the lawyer’s education, experience, time and effort. Representing a client may also involve the education, experience, time and effort of other persons in the lawyer’s office, such as an affiliate attorney, a paralegal, or a legal secretary. Remember, when you engage the services of Davis & Associates, you are hiring our entire law office to work for you.
“If you do things by the job, you are perpetually driven: the hours are scourges. If you work by the hour, you gently sail on the stream of Time, which is always bearing you on to the haven of Pay, whether you make any effort or not.” – Charles Dudley Warner, American essayist and novelist. We represent most of our clients for an hourly fee. We do, however, discuss flat fee and other hybrid fee options in certain matters.
Davis & Associates accepts charge cards, credit cards and debit cards from American Express, Discover, MasterCard, and Visa. Fees may also be paid by cash or check.
OUR OFFICE HOURS are 9 a.m. to 5:00 p.m., Monday through Friday by appointment only. When circumstances require it, office conferences are scheduled beyond our normal business hours at the convenience of the client. Contact us to schedule an appointment.
Yes. While a substantial part of our practice relates to the firearms, dangerous weapons, and extreme sports industry, we practice within a myriad of areas, including business law, general civil litigation, securities law, entertainment law, legislative affairs, criminal law, and general consulting. If you have a legal issue, we would be happy to assist you.
Fighting for the rights of gun owners, dealers, manufacturers, and others within the industry places Davis & Associates in the unusual position of having the support of many non-clients. For those who wish to support the cases that we file, they can generally do so by supporting the plaintiff associations. For instance, donating financial or volunteer support to The Calguns Foundation, Inc., Second Amendment Foundation, Inc., California Association of Federal Firearms Licensees, Inc. Contact the specific association for more information. And, let them know why you decided to participate! If you would like more specific information, do not hesitate to contact us.
No. Davis & Associates represents clients in matters throughout the entire State of California and nationwide. In many instances, Davis & Associates acts as co-counsel, providing the benefits of having local and/or corporate counsel with the benefits of having the knowledge and skills of Davis & Associates.
California firearm laws are dynamic and ever-changing. Gun collectors in California are perpetually standing on shifting sand. A firearm you purchased lawfully at a big retail chain store today could be illegal to possess tomorrow. This is the situation that many faced when California enacted the “Roberti-Roos Assault Weapons Act” and its progeny. One of the unique offerings at Davis & Associates is an inventory analysis to determine whether the firearms owned and possessed are lawful under California law. We will analyze:
To the extent that the situation surrounding the firearm is found to be unlawful or in a “grey” area, Davis & Associates can provide consultation and potential resolutions.
California law has set up procedures on the return of firearms by law enforcement. All a firearm owner is required to do under the law is complete the Law Enforcement Gun Release Form, and submit it to the California Department of Justice in accordance with the instructions on the form and appropriate payment. If the California Department of Justice – Bureau of Firearms finds that you are not prohibited from possessing firearms, they will issue a letter with a “gold seal” to you stating that you are not prohibited from possessing firearms. Upon receipt, you must make an appointment with the respective law enforcement agency to pick-up your firearm.
However, on many occasions, the law enforcement agency refuses to return the firearms because they are not registered in the AFS or because their local policies require a “court order.” Such policies are illegal. Should this happen to you, please contact us immediately for assistance.
Additionally, some law enforcement agencies require “proof of ownership.” This too is unlawful and preempted by the State law on the return of firearms. Generally, the law enforcement agencies forgo such policies when presented with the following provisions of the California Evidence Code:
To determine whether you are prohibited from possessing firearms, please review the following list of firearm prohibiting categories prepared by the California Department of Justice – Bureau of Firearms:
FIREARMS PROHIBITING CATEGORIES
State and federal law make it unlawful for certain persons to own and/or possess firearms, including:
Firearm prohibitions for misdemeanor violations of the offenses listed below are generally for ten years from the date of conviction, but the duration of each prohibition may vary. All statutory references are to the California Penal Code, unless otherwise indicated.
The following misdemeanor convictions result in a lifetime prohibition:
Note: The Department of Justice provides this document for informational purposes only. This list may not be inclusive of all firearms prohibitions. For specific legal advice, please consult with an attorney licensed to practice law in California.
Some law firms recommend that individuals attempt to purchase a firearm and wait for the response from the California Department of Justice to determine whether they are prohibited. DO NOT DO THIS! The records submitted along with a firearm purchase are made under penalty of purjury. Further, to the extent that an individual is prohibited, merely completing the application to purchase a firearm is unlawful.
California has established a legal method of determining whether an individual is prohibited via Penal Code 30105 and their Personal Firearms Eligibility Check Application. Simply complete and submit the application according to the instruction. The Department of Justice usually responds within 30 days.
If you receive a response stating that you are prohibited from possessing firearms, please contact us to determine whether your rights may be restored.
If you were held on a 72 hour hold pursuant to Welfare and Institutions Code section 5150 because you were deemed a danger to yourself or others, you have lost your right to possess firearms for a period of 5 years. Those rights will automatically be restored after the five year period has expired. However, you may restore your right to possess firearms prior to the expiration of the 5 year period. At Davis & Associates, we have streamlined procedures that have been used throughout Southern California to successfully restore individuals rights. Though there is no guarantee of outcome, our methods of approaching restoration of rights taken pursuant to a 5150 have proven successful. While an individual can pursue restoration on their own, we highly advise against it – as you only have one chance to get it right. Failure means you will have to wait out the entire five year prohibition period. We offer flat rate programs so that you know exactly how much the process will cost prior to retaining us. Don’t go another day without your rights . . . call us!