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Concealed Weapon Defense Attorney

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Your Defense Against Weapon Charges

Your Defense Against Weapon Charges

When facing charges for carrying a concealed weapon, it is crucial to have an experienced attorney on your side. Our firm provides a rigorous defense, meticulously reviewing the details of your arrest, challenging the legality of any searches, and fighting to protect your constitutional rights. We are dedicated to building a powerful defense to achieve the best possible outcome for your case.

Skilled Legal Representation for Gun Charges

PC § 25400 Defense Lawyer Diamond Bar — Fighting Concealed Firearm & Weapons Charges in Los Angeles County

Charged with carrying a concealed weapon in Diamond Bar? You are facing criminal convictions that can destroy your career, strip you of your Second Amendment rights permanently, trigger immigration consequences that end in deportation, and leave you with a felony record that follows you for the rest of your life. Whether accused of carrying a concealed firearm under Penal Code § 25400, carrying a loaded firearm in public under Penal Code § 25850, possessing an assault weapon, or facing federal weapons charges, the stakes are as high as they get — and the time to act is right now. Every hour that passes without experienced legal representation is an hour the prosecution uses to build a stronger case against you.

At Tu Defensor Criminalista —tudefensorcriminalista.com — we are aggressive criminal defense attorneys serving Diamond Bar and the entire San Gabriel Valley. We fight concealed weapons charges, illegal firearms possession, and all weapons-related offenses at every stage: from the moment of arrest through arraignment, preliminary hearings, suppression motions, and trial. Our attorneys understand the constitutional dimensions of weapons cases — including Fourth Amendment search and seizure issues that are present in virtually every concealed carry arrest — and we know how to challenge law enforcement’s tactics at every turn. If you or someone you love has been arrested for a weapons offense in Diamond Bar, call Tu Defensor Criminalista immediately.

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Expert Defense Against Concealed Firearms, Loaded Weapons, Illegal Possession & PC 25400 Charges in Diamond Bar, Walnut, Pomona, West Covina, La Verne & All of Los Angeles County’s San Gabriel Valley

Accused of a concealed weapons offense in Diamond Bar or the surrounding San Gabriel Valley? You are facing criminal penalties that range from misdemeanor probation to felony state prison sentences — and in cases involving prior convictions, gang allegations, or federal jurisdiction, you may be facing mandatory minimum sentences with no possibility of early release. California has some of the strictest firearms laws in the nation, and Los Angeles County prosecutors aggressively pursue weapons charges regardless of whether the defendant has any prior criminal history.

  • Penal Code § 25400 — Carrying a Concealed Firearm: California’s primary concealed weapons statute makes it a crime to carry a concealed firearm on your person or in a vehicle. Depending on your criminal history and the circumstances of the offense, PC § 25400 can be charged as a misdemeanor or a felony. A felony conviction under PC § 25400 carries 16 months, two years, or three years in state prison and a lifetime ban on firearm possession under both California and federal law. According to California Department of Justice firearms statistics[1], California processes hundreds of thousands of firearms transactions annually — and weapons offenses remain a major enforcement priority for law enforcement agencies throughout Los Angeles County.
  • Penal Code § 25850 — Carrying a Loaded Firearm in Public: It is a separate crime under California law to carry a loaded firearm on your person or in a vehicle in a public place. PC § 25850 is typically a misdemeanor for first-time offenders but becomes a felony when the defendant has a prior felony conviction, the firearm is stolen, the defendant is not the registered owner, or the defendant is an active participant in a criminal street gang.
  • Penal Code § 29800 — Felon in Possession of a Firearm: If you have a prior felony conviction — or a conviction for a crime listed under PC § 29800 — possessing any firearm is a felony carrying 16 months, two years, or three years in state prison. There is no exception for legally purchased firearms, inherited weapons, or firearms kept in the home. A felon in possession charge is one of the most serious weapons offenses in California and is frequently dual-prosecuted at the state and federal level.
  • Penal Code § 30605 — Possession of an Assault Weapon: California’s assault weapons ban makes it a felony to possess, manufacture, transport, or sell assault weapons as defined under Penal Code §§ 30510 and 30515[2]. A conviction under PC § 30605 carries 16 months, two years, or three years in state prison — with additional enhancement exposure if the weapon was possessed in connection with another crime.
  • Federal Firearms Charges — 18 U.S.C. § 922: When federal law enforcement becomes involved — particularly in cases involving firearms trafficking, weapons crossing state lines, or defendants with prior felony records — charges under 18 U.S.C. § 922[3] can result in federal prosecution with mandatory minimum sentences and no possibility of parole. Federal firearms convictions carry far more severe consequences than their state counterparts, and the resources of the U.S. Attorney’s Office are formidable.
  • Penal Code § 417 — Brandishing a Weapon: Displaying a firearm or other deadly weapon in a threatening or rude manner is a crime under PC § 417. Brandishing in public is a misdemeanor, but brandishing near a daycare or school, or in a manner that causes serious fear, can result in felony charges.

No matter which weapons charges you face, Tu Defensor Criminalista provides vigorous defense across all levels — state misdemeanor, state felony, and federal prosecution. Our Diamond Bar criminal defense team fights for you at every stage of your case.

Why Diamond Bar Weapons Arrests Happen — Understanding Local Law Enforcement Tactics in the San Gabriel Valley

Charged with a weapons offense in Diamond Bar? You are dealing with law enforcement agencies that have made weapons interdiction a central enforcement priority — and a legal system that presumes the worst about defendants without waiting for the facts. Understanding why and how Diamond Bar weapons arrests happen is the first step toward building an effective defense.

Diamond Bar is a community of approximately 57,000 residents located in eastern Los Angeles County at the intersection of the SR-57 and SR-60 freeways, bordered by Walnut, Pomona, and Rowland Heights. According to U.S. Census Bureau QuickFacts[4], Diamond Bar has a highly diverse population with a significant proportion of residents born outside the United States — for whom a weapons conviction carries catastrophic immigration consequences in addition to criminal penalties.

Law enforcement agencies serving Diamond Bar — primarily the Los Angeles County Sheriff’s Department’s Walnut/Diamond Bar Station — conduct traffic stops, vehicle searches, and pedestrian stops that frequently result in weapons discoveries. According to California Department of Justice Open Justice crime data[5], firearms-related arrests across Los Angeles County number in the thousands annually, and the San Gabriel Valley — including the Diamond Bar area — sees regular weapons enforcement activity.


Common scenarios in which Diamond Bar weapons arrests occur include traffic stops along Diamond Bar Boulevard, Grand Avenue, and the SR-57 and SR-60 freeway corridors where officers claim to observe traffic violations that justify a vehicle stop, then conduct searches that allegedly reveal concealed firearms. Pedestrian stops and consensual encounters in commercial areas including the Diamond Bar Town Center and surrounding shopping centers sometimes result in searches that produce weapons. Domestic disturbance responses where officers conduct protective sweeps and discover firearms not registered to the occupants are also common. Additionally, multi-agency task force operations targeting gang activity or narcotics trafficking in the eastern San Gabriel Valley sometimes result in firearms discoveries and weapons charges.

In a significant percentage of these arrests, the constitutional validity of the stop, the search, or the seizure is questionable. The Fourth Amendment to the United States Constitution, as interpreted through decades of California and federal case law, places strict limits on when and how law enforcement officers may stop, search, and seize — and violations of those limits are grounds for suppression of evidence. A suppression motion that removes the firearm from evidence can result in dismissal of all weapons charges, regardless of what was actually found.

The Consequences of a Concealed Weapons Conviction in Diamond Bar — What You Are Really Facing

Many Diamond Bar residents charged with weapons offenses underestimate what a conviction actually means. They assume a first offense will result in probation and nothing more. The reality is far more severe — and the collateral consequences of a weapons conviction ripple through every aspect of your life for years or permanently.

  • Permanent Loss of Firearm Rights: Under California law and 18 U.S.C. § 922(g)[3], a felony conviction results in a lifetime ban on possessing any firearm. Even if you legally owned multiple firearms before your conviction, you are prohibited from possessing them after a felony weapons conviction — and violating that prohibition is itself a new felony. Even certain misdemeanor weapons convictions trigger firearms prohibitions under California law.
  • Criminal Record: A weapons conviction — whether misdemeanor or felony — becomes part of your permanent California criminal record, visible to employers, landlords, licensing boards, and the public. The California Department of Justice[6] maintains criminal history databases accessible by employers conducting background checks, and weapons convictions are among the most disqualifying categories for professional and government employment.
  • Immigration Consequences: For Diamond Bar’s large non-citizen population, a weapons conviction can trigger deportation, denial of naturalization, or permanent inadmissibility. Firearms trafficking offenses are aggravated felonies under federal immigration law, resulting in mandatory deportation with no possibility of cancellation of removal. Even possession offenses classified as crimes involving moral turpitude (CIMTs) can trigger removal proceedings under INA § 237(a)(2)(A)[3]. The U.S. Citizenship and Immigration Services[7] treats weapons convictions with particular severity, and the immigration consequences frequently outlast the criminal sentence by decades.
  • Three Strikes Exposure: California’s Three Strikes Law, codified at Penal Code § 667[8], treats certain serious and violent felony weapons offenses as “strikes.” A second strike doubles the base sentence for any subsequent felony conviction. A third strike results in a mandatory sentence of 25 years to life in state prison, regardless of the nature of the triggering offense.
  • Professional License Consequences: Diamond Bar residents holding professional licenses — in nursing, medicine, law, real estate, finance, education, security, or contracting — face mandatory reporting to their licensing board following a weapons conviction. The California Department of Consumer Affairs[9] and individual licensing boards have broad authority to suspend or revoke licenses for weapons convictions, and many licensing standards treat felony convictions as automatic grounds for disqualification.
  • Employment Consequences: The Califo[10]r[10]nia Civil Rights Department[10] provides some protections against arbitrary use of criminal records in employment, but weapons convictions are among the categories most likely to be used as disqualifying factors. Government employment, jobs requiring security clearances, positions involving working with children, and careers in financial services or healthcare are effectively foreclosed by felony weapons convictions.
  • Gang Enhancement Exposure: Under Penal Code § 186.22[11], weapons offenses alleged to have been committed for the benefit of a criminal street gang carry sentence enhancements that can double or triple the base prison term and convert a probation-eligible offense into a mandatory state prison case. Gang allegations in Los Angeles County are common — and they are aggressively prosecuted even when the evidentiary basis is thin.

Our Diamond Bar Concealed Weapons Defense Strategy — How We Fight for You

At Tu Defensor Criminalista, we approach every Diamond Bar concealed weapons case with the same relentless commitment: an aggressive, constitutionally grounded defense strategy designed to expose the weaknesses in the government’s case and fight for the best possible outcome.

Fourth Amendment Suppression Motions — Attacking the Search and Seizure: The most powerful weapon in a concealed firearms defense is a motion to suppress evidence under the Fourth Amendment. If the traffic stop lacked reasonable suspicion, if the search of your vehicle lacked probable cause or a valid warrant exception, or if your person was searched without legal justification, the firearm and all related evidence can be suppressed — and without the firearm, the prosecution has no case. Our attorneys scrutinize every detail of the stop, the search, and the discovery to identify constitutional violations. We file suppression motions aggressively and litigate them thoroughly.

Challenging Constructive Possession: California law allows prosecutors to charge weapons possession even when the firearm was not found on your person — a legal theory called “constructive possession.” Constructive possession requires proof that you knew the firearm was present and exercised dominion and control over it. When a firearm is found in a shared vehicle, a common area, or a location accessible to multiple people, constructive possession is far from established — and we challenge it accordingly.

  • Challenging the Concealment Element: PC § 25400 requires that the firearm be “concealed” — meaning substantially concealed from ordinary observation. Firearms that are partially visible, stored openly in a vehicle, or located in areas where their presence is apparent may not satisfy the concealment element of the statute. We scrutinize the specific facts of how the firearm was positioned, stored, and discovered.
  • CCW License and Legal Carry Defenses: California law permits the carrying of concealed firearms by individuals who hold valid Concealed Carry Weapons (CCW) licenses issued by the appropriate law enforcement agency under Penal Code § 26150[12]. Additionally, certain exemptions apply to law enforcement officers, military personnel, licensed dealers, and others. We investigate whether any legal exemption or authorization applies to your situation.
  • Negotiating Reduced Charges or Diversion: For many first-time Diamond Bar defendants with no prior criminal history, we pursue alternatives to felony conviction including reduction to misdemeanor charges, pre-trial diversion, or deferred entry of judgment programs. Los Angeles County’s City of Industry Courthouse[13] handles Diamond Bar cases, and we have extensive experience negotiating with prosecutors in this jurisdiction to achieve outcomes that preserve our clients’ futures — including outcomes that avoid the permanent firearms prohibition triggered by felony conviction.
  • Fighting Gang Allegations: When the prosecution alleges gang enhancements under PC § 186.22, we attack the evidentiary basis for the gang allegation — challenging expert witness opinions, disputing membership evidence, and contesting the claim that the offense was gang-related. Following the California Supreme Court’s decision interpreting the gang enhancement statute, the standards for proving gang enhancements have become more demanding, and we hold the prosecution to every element.
  • Protecting Immigration Status: When our client is a non-citizen, we identify dispositions — including pleading to lesser offenses that do not constitute aggravated felonies or CIMTs under immigration law — that protect immigration status while resolving criminal charges. For Diamond Bar’s large immigrant population, this immigration-conscious defense approach is often the most critical component of the entire representation.

California’s Concealed Carry Laws — What Diamond Bar Residents Need to Know

California operates under some of the most restrictive firearms laws in the United States, and Diamond Bar residents must understand the legal landscape before and after any weapons-related encounter with law enforcement. The California Department of Justice Bureau of Firearms[1] administers California’s firearms laws and maintains the databases that law enforcement uses to verify firearm registration, CCW licenses, and prohibited status.

California is a “may issue” state for CCW licenses, meaning that the issuing authority — typically the county sheriff or city police chief — has discretion to issue or deny CCW applications based on factors including demonstrated need. The Los Angeles County Sheriff’s Department[14] administers CCW licensing for unincorporated areas including Diamond Bar, and applicants must meet training, background check, and good cause requirements.

Under Penal Code § 25850[15], even a licensed CCW holder can be charged with carrying a loaded firearm if they carry in locations where CCW is prohibited — including schools, courthouses, government buildings, and any location that has posted a prohibition on concealed carry. Additionally, the Gun-[3]F[3]ree School Zones Act[3] — codified at 18 U.S.C. § 922(q) — makes it a federal crime to possess a firearm within 1,000 feet of a school zone, with narrow exceptions. Diamond Bar’s proximity to numerous school campuses throughout the community makes this a real exposure in weapons cases.


Under California’s Unsafe Handgun Act and various assault weapons regulations, certain firearms are illegal to possess in California regardless of whether they are legally owned in other states. Out-of-state residents who bring legally purchased firearms into California without complying with California’s requirements face weapons charges even when they had no criminal intent. Our attorneys handle these cases regularly and understand the intersection of California and federal law governing firearms.

PC § 29800 — Felon in Possession Defense in Diamond Bar

Accused of being a felon in possession of a firearm in Diamond Bar? You are facing one of the most serious weapons charges in California — and potentially in federal court as well. Under Penal Code § 29800[16], any person who has been convicted of a felony — or of certain specified misdemeanors — is prohibited from possessing any firearm under any circumstances. Violation is a felony carrying 16 months, two years, or three years in state prison.

The federal counterpart —18 U.S.C. § 922(g)[3] — makes it a federal crime for any person convicted of a crime punishable by more than one year in prison to possess a firearm. Federal felon-in-possession convictions carry up to 10 years in federal prison under 18 U.S.C. § 924(a), with armed career criminal enhancements that can reach 15 years to life. Federal sentences are served without parole.

Our defense strategies in felon-in-possession cases include challenging the constitutional validity of the underlying stop and search, contesting constructive possession where the firearm was found in a shared location, investigating whether the prior conviction actually triggers the prohibition under current law, and — where applicable — pursuing post-conviction relief to reduce or vacate the prior conviction that triggers the prohibition. We also investigate whether the defendant’s firearm rights have been legally restored under California or federal law.

Assault Weapons and High-Capacity Magazine Defense in Diamond Bar

Charged with possession of an assault weapon or high-capacity magazine in Diamond Bar? California’s assault weapons ban is one of the most comprehensive in the nation, and violations are treated as serious felonies by Los Angeles County prosecutors. Under Penal Code § 30605[17], possession of an assault weapon is a felony regardless of whether the weapon was legally purchased in another state, inherited, or acquired before California’s assault weapons ban took effect.

California’s assault weapons definitions are complex and technical, covering specific named firearms under Penal Code § 30510[2] and category-defined firearms under Penal Code § 30515[18] based on features including detachable magazines, pistol grips, folding stocks, and flash suppressors. Whether a specific firearm qualifies as an “assault weapon” under California law is frequently a contested technical question that requires expert analysis.

High-capacity magazine charges under Penal Code § 32310[19] have been subject to significant litigation, including federal court challenges to California’s ban. Our attorneys stay current on the evolving legal landscape governing magazine capacity restrictions and pursue every available defense in these cases.

Frequently Asked Questions — Diamond Bar Concealed Weapons Attorney

What is the difference between a misdemeanor and a felony weapons charge in California?

Under PC § 25400, carrying a concealed firearm is a wobbler — meaning it can be charged as either a misdemeanor or a felony depending on your prior criminal history and the circumstances of the offense. First-time offenders with no prior record may be charged with a misdemeanor. However, if you have a prior felony conviction, the firearm is stolen, you are not the registered owner, or you are an active gang participant, the charge is a straight felony. The distinction matters enormously — a felony conviction triggers a lifetime firearms ban, while a misdemeanor may not.

Can I be charged with a weapons offense if the gun was in my car and not on my person?

Yes. California’s concealed carry statute applies to firearms concealed in vehicles as well as on your person. However, the prosecution must still prove that the firearm was “substantially concealed” and that you knew it was there. If the firearm belonged to someone else in the vehicle, or if you were unaware of its presence, constructive possession — and therefore criminal liability — may not be established.

I have a valid CCW license from another state. Does it work in California?

No. California does not recognize out-of-state CCW licenses. If you carry a concealed firearm in California without a California-issued CCW license, you are subject to prosecution under PC § 25400 regardless of any license issued by another state. California’s CCW licenses are issued by the county sheriff or city police chief and require completion of a California-specific application and training process.

What happens to my gun rights if I am convicted of a weapons offense?

A felony weapons conviction results in a lifetime ban on possessing any firearm under both California law and federal law under 18 U.S.C. § 922(g). Certain misdemeanor weapons convictions also trigger firearms prohibitions under California law. If convicted, you are required to surrender all firearms in your possession to law enforcement or a licensed dealer within a specified period — and continued possession after conviction is itself a new felony.

Can evidence of the firearm be suppressed and my case dismissed?

Absolutely. If law enforcement violated your Fourth Amendment rights during the stop, search, or seizure that resulted in discovery of the firearm, we can file a motion to suppress the evidence. If the suppression motion is granted, the prosecution typically cannot proceed without its primary evidence — the firearm itself — and the case is dismissed. Fourth Amendment suppression motions are among the most powerful tools in a weapons defense, and our attorneys pursue them aggressively in every case where constitutional violations are present.

Will a weapons conviction affect my immigration status?

Yes, potentially severely. Certain firearms offenses are classified as aggravated felonies under federal immigration law, resulting in mandatory deportation with no possibility of relief. Other weapons offenses may constitute crimes involving moral turpitude (CIMTs) triggering removal proceedings. If you are a non-citizen, the immigration consequences of a weapons conviction may be even more serious than the criminal penalties — and you should speak with a defense attorney before accepting any plea.

Can a weapons conviction be expunged from my record in California?

Under Penal Code § 1203.4[20], persons who have successfully completed probation for certain convictions may petition to have their conviction dismissed. However, expungement under PC § 1203.4 does not restore firearm rights, does not relieve immigration consequences, and has limited effect on federal background check databases. Our attorneys can advise you on what post-conviction relief is available and realistic in your situation.

What should I do immediately after being arrested for a weapons offense in Diamond Bar?

Do not speak to law enforcement without an attorney present. Do not consent to any searches. Exercise your right to remain silent. Contact Tu Defensor Criminalista immediately at tudefensorcriminalista.com. The statements you make — and the searches you consent to — in the hours following arrest are frequently the most damaging elements of the government’s case. Silence and non-consent are always your rights.

Can I still own a gun after a weapons charge if I am not convicted?

If your weapons charge is dismissed, reduced to a non-prohibiting offense, or resolved through a diversion program that does not result in conviction, your firearm rights are generally preserved. This is one of the most important reasons to fight your weapons charges aggressively rather than accepting a plea to a disqualifying offense without exploring all available options. Our attorneys pursue every avenue to avoid convictions that trigger firearms prohibitions.

How does Diamond Bar’s location affect my weapons case?

Diamond Bar cases are prosecuted in the City of Industry Courthouse[13] within Los Angeles County Superior Court, under the authority of the Los Angeles County District Attorney’s Office[21]. The DA’s Office has specific policies on weapons charges that affect charging decisions, plea negotiations, and sentencing recommendations. Our attorneys’ familiarity with this specific courthouse and its prosecutors gives our Diamond Bar clients a significant advantage in navigating the local criminal justice system.

Why Choose Tu Defensor Criminalista for Your Diamond Bar Weapons Defense

Facing weapons charges in Diamond Bar is a legal crisis that demands experienced, aggressive representation from attorneys who understand both the criminal law and the constitutional dimensions of weapons cases. At Tu Defensor Criminalista, we bring both to every case we handle in the San Gabriel Valley.

Our firm offers experienced criminal defense representation with deep knowledge of Los Angeles County courts, prosecutors, and law enforcement tactics specific to the Diamond Bar and San Gabriel Valley area. We provide bilingual legal services in English and Spanish, serving Diamond Bar’s highly diverse community including the significant Spanish-speaking population throughout the eastern San Gabriel Valley. Our team conducts aggressive constitutional analysis and evidence review — scrutinizing every detail of the stop, the search, and the seizure for Fourth Amendment violations that can result in suppression and dismissal. We develop immigration-conscious defense strategies tailored to protect non-citizen clients from the deportation and inadmissibility consequences that flow from weapons convictions. We represent clients at every stage of the criminal process — from the moment of arrest, through arraignment, preliminary hearing, suppression motions, trial, and post-conviction relief including expungement under Penal Code § 1203.4[20] and certificate of rehabilitation proceedings. And we provide personalized client communication throughout — you will always know exactly where your case stands and what your options are.


We serve clients throughout Diamond Bar, Walnut, Pomona, West Covina, Rowland Heights, La Puente, La Verne, Claremont, and all surrounding communities in Los Angeles County’s eastern San Gabriel Valley. Whether your case is pending in the City of Industry Courthouse, the Pomona Courthouse, or any other Los Angeles County courthouse, Tu Defensor Criminalista is prepared to fight for you.

Contact Tu Defensor Criminalista for Diamond Bar Concealed Weapons Defense Attorney

Remember:

  • Free consultation – call now
  • Request DMV hearing within 10 days of arrest
  • Don’t talk to police without attorney
  • Don’t plead guilty without exploring defenses

Sources

  1. California Department of Justice firearms statistics (oag.ca.gov)
  2. Penal Code §§ 30510 and 30515 (leginfo.legislature.ca.gov)
  3. 18 U.S.C. § 922 (uscode.house.gov)
  4. U.S. Census Bureau QuickFacts (census.gov)
  5. California Department of Justice Open Justice crime data (openjustice.doj.ca.gov)
  6. California Department of Justice (oag.ca.gov)
  7. U.S. Citizenship and Immigration Services (uscis.gov)
  8. Penal Code § 667 (leginfo.legislature.ca.gov)
  9. California Department of Consumer Affairs (dca.ca.gov)
  10. Califo (calcivilrights.ca.gov)
  11. Penal Code § 186.22 (leginfo.legislature.ca.gov)
  12. Penal Code § 26150 (leginfo.legislature.ca.gov)
  13. City of Industry Courthouse (lacourt.org)
  14. Los Angeles County Sheriff’s Department (lasd.org)
  15. Penal Code § 25850 (leginfo.legislature.ca.gov)
  16. Penal Code § 29800 (leginfo.legislature.ca.gov)
  17. Penal Code § 30605 (leginfo.legislature.ca.gov)
  18. Penal Code § 30515 (leginfo.legislature.ca.gov)
  19. Penal Code § 32310 (leginfo.legislature.ca.gov)
  20. Penal Code § 1203.4 (leginfo.legislature.ca.gov)
  21. Los Angeles County District Attorney’s Office (da.lacounty.gov)

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