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FAQ

The following are the most frequently asked questions. If you need more information, please do not hesitate to contact us.
  • What are your Fees?

    “A lawyer’s time and advice are his stock in trade.” ABRAHAM LINCOLN – Lawyer and U.S. President

    In other words, we sell our time and knowledge.  It is the policy and practice of Davis & Associates to provide each client with a written agreementregarding the conditions of employment in each case.  Our clients know in writing what services they can expect from us, and how much money those services are expected to cost.  Our clients also know in writing what we expect from them.  In this way, we can address the questions that the client may have about attorney fees and services at the beginning of the professional relationship, then concentrate our efforts on a timely resolution of the matter.

    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.

  • Can we meet to discuss a matter?

    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.

  • Do you practice more than just firearms law?

    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.

  • I read about one of your cases, how can I help out?

    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.

  • Do you represent only California clients?

    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.

  • I am a gun owner and not being prosecuted for anything. Why would I need an attorney?

    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:

    1. Whether the firearm is lawful to possess;
    2. Whether the firearm was obtained and/or transferred lawfully;
    3. Whether the firearm was or needed to be registered with the State of California;
    4. and more.

    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.

  • Law enforcement seized my firearms, how do I get them back?

    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:

    • Evidence Code section 637: “Things which a person possesses are presumed to be owned by them.”  They took the firearms from you, therefore they were possessed by you and are presumed owned by you.  They are required to give you a property receipt when they seized your firearms.  If they did, that is all you need.  If they did not, they violated the law.  Either way, the presumption is that you own the property.
    • Evidence Code section 638, which states “a person who exercises acts of ownership over property is presumed to be the owner of it.”  Your previous possession and your seeking the return of the property are both acts of exercising ownership, and again, the presumption is that you own the firearms.
    In some extreme situations, the law enforcement agency must be notified of Penal Code section 33885, which states: “In a proceeding for the return of a firearm seized and not returned pursuant to this chapter, where the defendant or cross defendant is a law enforcement officer, the court shall award reasonable attorney fees to the prevailing party.”
    If an agency still refuses to return a firearm, then litigation may be necessary to enforce your rights to the firearm.   It is recommended that this entire process be conducted by an attorney to protect the property owner from potential criminal prosecution, privacy rights,  law enforcement intimidation tactics and harassment.
  • How do I know if I am prohibited from possessing firearms?

    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:

    • Any person who is convicted of a felony, or any offense enumerated in Penal Code sections 29900 or 29905;
    • Any person who is ordered to not possess firearms as a condition of probation or other court order listed in Penal Code section 29815, subdivisions (a) and (b);
    • Any person who is convicted of a misdemeanor listed in Penal Code section 29805 (refer to List of Prohibiting Misdemeanors) • Any person who is adjudged a ward of the juvenile court because he or she committed an offense listed in Welfare and Institutions Code section 707(b), an offense described in Penal Code section 1203.073(b), or any offense enumerated in Penal Code section 29805;
    • Any person who is subject to a temporary restraining order or an injunction issued pursuant to Code of Civil Procedure sections 527.6 or 527.8, a protective order as defined in Family Code section 6218, a protective order issued pursuant to Penal Code sections 136.2 or 646.91, or a protective order issued pursuant to Welfare and Institutions Code section 15657.03;
    • Any person who is found by a court to be a danger to himself, herself, or others because of a mental illness;
    • Any person who is found by a court to be mentally incompetent to stand trial;
    • Any person who is found by a court to be not guilty by reason of insanity;
    • Any person who is adjudicated to be a mentally disordered sex offender;
    • Any person who is placed on a conservatorship because he or she is gravely disabled as a result of a mental disorder, or an impairment by chronic alcoholism;
    • Any person who communicates a threat to a licensed psychotherapist against a reasonably identifiable victim, that has been reported by the psychotherapist to law enforcement;
    • Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code section 5150, assessed under Welfare and Institutions Code section 5151, and admitted to a mental health facility under Welfare and Institutions Code sections 5151, 5152, or certified under Welfare and Institutions Code sections 5250, 5260, and 5270.15;
    • Any person who is addicted to the use of narcotics (state and federal);
    • Any person who is under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year (federal);
    • Any person who has been discharged from the military under dishonorable conditions (federal);
    • Any person who is an illegal alien (federal);
    • Any person who has renounced US Citizenship (federal);
    • Any person who is a fugitive from justice (federal).

    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.

    • Threatening public officers, employees, and school officials (Pen. Code, § 71.);
    • Threatening certain public officers, appointees, judges, staff or their families with the intent and apparent ability to carry out the threat (Pen. Code, § 76.);
    • Intimidating witnesses or victims (Pen. Code, § 136.1.);
    • Possessing a deadly weapon with the intent to intimidate a witness (Pen. Code, § 136.5.);
    • Threatening witnesses, victims, or informants (Pen. Code, § 140.);
    • Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (Pen. Code, § 148(d).);
    • Unauthorized possession of a weapon in a courtroom. Courthouse, or court building, or at a public meeting (Pen. Code, § 171(b).);
    • Bringing into or possessing a loaded firearm within the state capitol, legislative offices, etc. (Pen. Code, § 171(c).);
    • Taking into or possessing loaded firearms within the Governor’s Mansion or residence of other constitutional officers (Pen. Code, 171(d).);
    • Supplying, selling or giving possession of a firearm to a person for participation in criminal street gangs (Pen. Code, § 186.28.);
    • Assault (Pen. Code, §§ 240, 241.);
    • Battery (Pen. Code, §§ 242, 243.);
    • Sexual Battery (Pen. Code, § 243.4);
    • Assault with a stun gun or taser weapon (Pen. Code, § 244.5.);
    • Assault with a deadly weapon other than a firearm, or with force likely to produce great bodily injury (Pen. Code, § 245.);
    • Assault with a deadly weapon or instrument; by any means likely to produce great bodily injury or with a stun gun or taser on a school employee engaged in performance of duties (Pen. Code, § 245.5 .);
    • Discharging a firearm in a grossly negligent manner (Pen. Code, § 246.3.);
    • Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house (Pen. Code, § 247.);
    • Inflicting corporal injury on a spouse or significant other (Pen. Code, § 273.5.);
    • Willfully violating a domestic protective order (Pen. Code, § 273.6.);
    • Drawing, exhibiting, or using deadly weapon other than a firearm (Pen. Code, § 417, subd. (a)(1) & (a)(2).);
    • Inflicting serious bodily injury as a result of brandishing (Pen. Code, § 417.6.);
    • Making threats to commit a crime which will result in death or great bodily injury to another person (Pen. Code, § 422.);
    • Bringing into or possessing firearms upon or within public schools and grounds (Pen. Code, § 626.9.);
    • Stalking (Pen. Code, § 646.9.);
    • Armed criminal action (Pen. Code, § 25800.);
    • Possessing a deadly weapon with intent to commit an assault (Pen. Code, § 17500.);
    • Driver of any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any person who willfully and maliciously discharges a firearm from a motor vehicle (Pen. Code, § 26100, subd. (b) or (d).);
    • Criminal possession of a firearm (Pen. Code, § 25300.);
    • Firearms dealer who sells, transfers or gives possession of any firearm to a minor or a handgun to a person under 21 (Pen. Code, § 27510.);
    • Various violations involving sales and transfers of firearms (Pen. Code, § 27590, subd. (c).);
    • Person or corporation who sells any concealable firearm to any minor (former Pen. Code, § 12100, subd. (a).);
    • Unauthorized possession/transportation of a machine gun (Pen. Code, § 32625);
    • Possession of ammunition designed to penetrate metal or armor (Pen. Code, § 30315.);
    • Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing (Pen. Code, §§ 830.95, subd. (a), 17510, subd. (a.);
    • Bringing firearm related contraband into juvenile hall (Welf. & Inst. Code, § 871.5.);
    • Bringing firearm related contraband into a youth authority institution (Welf. & Inst. Code, § 1001.5.);
    • Purchase, possession, or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder, or by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim (Welf. & Inst. Code, § 8100.) • Providing a firearm or deadly weapon to a person described in Welfare and Institutions Code sections 8100 or 8103 (Welf. & Inst. Code, § 8101.);
    • Purchase, possession, or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered sex offender or found to be mentally incompetent to stand trial, or not guilty by reason of insanity, and individuals placed under conservatorship (Welf. & Inst. Code, § 8103.).

    The following misdemeanor convictions result in a lifetime prohibition:

    • Assault with a firearm (Pen. Code, §§ 29800, subd. (a)(1), 23515, subd. (a).);
    •  Shooting at an inhabited or occupied dwelling house, building, vehicle, aircraft, housecar or camper (Pen. Code, §§ 246, 29800, subd. (a)(1), 17510, 23515, subd. (b).);
    • Brandishing a firearm in presence of a peace officer (Pen. Code §§ 417, subd. (c), 23515, subd. (d), 29800, subd. (a)(1).);
    • Two or more convictions of Penal Code section 417, subdivision (a)(2) (Pen. Code § 29800, subd. (a)(2).);
    • A “misdemeanor crime of domestic violence” (18 U.S.C. §§ 921(a)(33)(A), 922(g)(9).).

    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.

    STILL UNCLEAR?

    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.

  • I was held on a 72 hour hold pursuant to Welfare and Institutions Code section 5150, how do I get my rights back?

    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!