A man from Clovis, California is taking his fight to the state level after the California Department of Justice seized more than 500 guns and large amounts of ammunition in mid-November.
Since then, Albert Sheakalee of Clovis has been at the center of a statewide debate regarding mental health and an individual’s Second Amendment rights. Special agents with the state maintain that the prohibition of firearms is necessary with mental health holds, while Sheakalee contests that both his mental health and legal status are in good standing.
Sheakalee, who is 59 years old, has no previous offenses on his record, has never committed a criminal act, and argues that mental health was never an issue prior to the surprise raid.
Although some of the guns in the collection of more than 500 are banned in the state of California, all are believed to have been legally purchased, with the supporting paperwork to authenticate.
While no official decision has been handed down regarding the case, legal experts have indicated that the case could reach the state’s highest court.
Gun Crime Defense
Although the Second Amendment outlines the right for citizens to bear arms, states enforce their own laws and restrictions regarding the ownership and possession of firearms. Because gun laws vary on a state-by-state basis, even law abiding gun owners can experience legal issues.
In California, carrying a loaded firearm can carry a penalty of 1 year in prison, in addition to a fine of up to $1,000. However, state laws do include provisions for self-defense in cases where:
- The gun owner thought their life was in immediate danger
- They were legally permitted to be on the premises of assault
- They believed their attacker would inflict great bodily harm
- They could not reach a safe location
A court might also rule self defense if the gun owner confronted an intruder in their home, and believes they face imminent risk of harm.
If you or someone you love has been accused of a gun-related offense, seeking qualified legal counsel is key. Even if your weapon was purchased and used legally, it is best to consult with a lawyer who understands how to handle these types of cases.
The attorneys at the Kestenbaum Law Group specialize in criminal defense cases, including those involving gun-related offenses. For more than 30 years, our founder, David Kestenbaum, has practiced criminal law and overseen a number of gun crime cases. Our attorneys are committed to helping you conduct a thorough investigation and are dedicated to helping you build a defense that produces a favorable outcome.
Let us work with you to tell your side of the story. To schedule your initial consultation, call our office today at (818) 616-4312.