Firearms & Dangerous Weapons Laws
Jason Davis began working in the California firearms industry as a teen when he began work at his father’s handgun manufacturing business, Davis Industries, Inc. With four of his family’s businesses consistently listed in the top ten handgun manufacturers in the United States, Mr. Davis gained a unique perspective and understanding of firearms, firearms businesses, and the industry as a whole. As frivolous laws and lawsuits gained momentum and burdened many in the industry out of business in the 1990‘s, Mr. Davis made it his mission to defend the rights firearm owners and businesses.
With over twenty-three years of experience in the firearms industry, DAVIS & ASSOCIATES has developed the relationships and understanding of firearms and dangerous weapons laws necessary to succeed in this highly political environment. Our attorneys have fought hard to defend your right to bear arms, challenging federal, state, and local laws and regulations in both the court houses and regulatory proceedings.
We have experience representing multiple leading firearms rights associations, most recently the CalGuns Foundation, in Civil Rights litigation and policy issues. We have also represented various law enforcement agencies and officers, industry trade associations, gun shows, importers, manufacturers, distributors, dealers, indoor and outdoor shooting ranges, special effects companies, prop houses, armories, pyro-technicians, and individuals who face federal and state licensing, permits, and compliance issues or criminal charges. We know the details and background behind California’s gun laws. And, we know the people enforcing those laws.
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Our firm’s Criminal Defense lawyers focus on defending firearms related crimes, major felonies, white collar crimes, complex drug crimes and criminal trials. Our office is dedicated to protecting the freedom, constitutional rights, record, and reputation of each of our clients. Our attorneys will handle every aspect of your criminal case so that you won’t have to. Our criminal defense lawyers are result oriented and have received numerous successful results including case dismissals, not guilty verdicts, reduced charges and favorable plea bargains.
We have been involved with the most complex cases facing businesses across the industry spectrum, with a particular emphasis on two things: first, rapid response when clients must obtain or resist emergency relief, and second, preparing cases for actual trial in the courtroom.
Our experience includes having provided direction and coordination in complex cases, in developing a comprehensive strategy, avoiding wasteful duplication of discovery efforts, making sure that consistent factual and legal positions are taken by all counsel involved, working closely with clients to implement the national strategy, and coordinating with other counsel in joint defense arrangements. Through these efforts, the firm works to achieve the best possible litigation results with cost efficiency, including saving the valuable time of corporate executives and employees.
Davis & Associates provides counsel on a broad range of product liability matters. Our lawyers have been actively involved in resolving these issues for clients, throughout the United States. Our clients have ranged from firearms manufacturers, dealers, and shooting ranges to automobile dealerships facing Song-Beverly Consumer Warranty Act and Magnuson-Moss Warranty Act claims. We routinely represent product liability clients and regularly counsel clients across dozens of industries and product lines. The numerous cases handled throughout the country by attorneys from DAVIS & ASSOCIATES have included individual and class action product liability lawsuits. We have provided coast-to-coast representation and management of litigation.
Our clients come to us because they need representation by someone who understands the law, politics, and personalities of the federal and state governmental agencies. We know how regulations are conceived, drafted, applied by agencies, and reviewed by courts, and the rules by which the regulatory world proceeds. We also understand, often from first-hand experience, how the federal and state governments work, and the many ways its agencies and offices can help or harm individuals and businesses. We are experienced and prepared to protect and promote the interests of our clients in any and all parts of the administrative process, including:
* Negotiating more favorable regulatory decisions;
* Conducting litigation before administrative law judges;
* Overturning unfavorable government actions by challenges in federal or state courts, on
grounds that may range from technical and procedural, to fundamental and constitutional.
We are comfortable representing clients before federal and state officials and agencies. Examples of our experience includes prior service in:
* Representing clients in federal and state license revocation hearings;
* Drafting and opposing proposed regulations;
* Removal of underground regulations;
* Return of property seized by agencies;
* Obtaining regulatory variances; and
* Clarification of existing law and regulations;
In steering or challenging administrative action, we focus on the client’s needs and on selecting the best means to serve them. We know when and with whom to negotiate a client’s problems with the government, and when negotiation offers an acceptable solution. But we also are prepared to conduct or defend administrative proceedings, or to take the agency to court when that is called for. While the firm often uses low-key approaches to achieve a client’s objectives, government officials respect the fact that we are prepared to aggressively pursue litigation, a fact that can strengthen the client’s negotiating posture.
Restoration of Firearm Rights – Mental Health
Have you been denied a firearm or informed that you are prohibited from possessing firearms due to a 72 hour hold under Welfare and Institutions Code 5150? If so, we can help.
Under California law, a person is barred from possessing, purchasing, receiving, attempting to purchase or receive, or having control or custody of any firearms if the person:
- Has been admitted to a facility and is receiving in-patient treatment for a mental illness and the attending mental health professional opines that the patient is a danger to self or others. This prohibition applies even if the person has consented to the treatment, although the prohibition ends as soon as the patient is discharged from the facility;
- Has been adjudicated to be a danger to others as a result of a mental disorder or mental illness or has been adjudicated to be a mentally disordered sex offender. This prohibition does not apply, however, if the court of adjudication issues, upon the individual’s release from treatment or at a later date, a certificate stating that the person may possess a firearm without endangering others;
- Has been found not guilty by reason of insanity of enumerated violent felonies. A person who is found not guilty by reason of insanity of other crimes is barred from possessing firearms unless a court finds that the person has recovered his or her sanity;
- Has been found mentally incompetent to stand trial, unless there is a subsequent finding that the person has become competent;
- Is currently under a court-ordered conservatorship because he or she is gravely disabled as a result of a mental disorder or impaired by chronic alcoholism
Moreover, a person shall not have in his or her possession or under his or her custody or control, or purchase or receive, or attempt to purchase or receive, any firearms whatsoever or any other deadly weapon for a period of six months whenever he or she communicates to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims. Licensed psychotherapists are required to immediately report to a local law enforcement agency the identity of a person who has communicated a serious threat of violence against a reasonably identifiable victim or victims.
While the prohibitions above are automatic, some may be challenged by petitioning the Court for relief from the automatic firearms prohibition – thereby leaving it to the State to prove that you are unlikely to use firearms in a safe and lawful manner.
Davis and Associates has a proven track record in assisting clients in restoring their firearm rights throughout Southern California. Unlike other law firms, we work closely with independent Experts in Threat Assessment to ensure that the courts are provided with accurate, thorough, and intelligent psychological examinations to rely upon in making their decision.
If you would like to meet with an attorney to discuss your Welfare and Institutions Code sections 5150 and 8103 matter and the petition process, contact us.
Whether your business needs are small or large, we can help you ensure that you are protected in every aspect of your business.
Capital Equipment Purchase & Lease Agreements
Agreements for International Buying & Selling
Distribution, Dealer, & Sales Representative Agreements
Computer Software/Hardware Agreements
Mergers and Acquisitions
Intellectual Property Agreements
D&O Indemnification & Insurance Agreements
Joint Venture Agreements
License, Development & Research Agreements
Agreements with Outside Counsel
Real Estate Agreements
Electronic Data Interchange Agreements
Joint Defense Agreements
Internet/Web Site/E-commerce Agreements
Executive Deferred Compensation Agreements
Articles of Incorporation & Bylaws
Letters of Credit
Credit & Finance Agreements
Agreements Relating to Internal Investigations
Shareholder Rights Agreements
Limited Liability Company Agreements
Joint Development Agreements
Restoration of Firearm Rights – Prior Conviction
Often, clients come to us unable to possess firearms due to an underlying felony, misdemeanor conviction. Many times, they come to us looking for help to restore their firearm rights after being turned away by other law firms or unsuccessful in their prior attempts. We know the ins and outs of firearm rights restorations; let us help you.