What Happens if You Get Caught With an Illegal Firearm in California?
An arrest for an illegal firearm in California can lead to serious criminal consequences. Depending on the circumstances, prosecutors may file misdemeanor or felony charges that carry the possibility of state prison time, steep fines, and the loss of firearm rights.
California’s firearm laws are far more restrictive than those in many other states, and people are sometimes charged without realizing they were violating the law. If you’ve recently been charged with an illegal firearm offense in California, it’s important to understand the charges against you and what legal defenses may be available, such as permits and licenses.
At the Law Office of Amy Chapman, we defend our clients against all types of illegal firearm possession charges. We’re prepared to evaluate your case and help you construct the right legal defense based on the unique circumstances of your case. Call experienced Santa Rosa criminal defense lawyer Amy Chapman today at (707) 636-3207 to learn more in a free consultation.
What Counts as Unlawful Possession of a Firearm in California?
California gun laws prohibit certain people from possessing firearms (e.g. the existence of a restraining order or disqualification due to mental illness) and also restricts the possession of certain types of weapons, such as assault rifles, unregistered firearms, stolen firearms, and ghost guns (which lack serial numbers). Several different statutes may apply depending on the circumstances of the case.
For example, California Penal Code §29800 makes it illegal for convicted felons and certain other prohibited persons to own or possess firearms. California Penal Code §25400 prohibits carrying a concealed weapon without authorization, while California Penal Code § 25850 addresses carrying a loaded firearm in public.
Firearm possession does not always mean physically holding the gun. California prosecutors often rely on the concept of constructive possession, which means a person had control over or access to the firearm even if it was not in their hands. For example, if law enforcement finds a loaded firearm inside a car’s glove compartment or under a bed in a shared residence, more than one person may potentially face gun crimes charges.
Carrying a Concealed Firearm Without a Permit
Under California Penal Code §25400, it is illegal to carry a concealed firearm on your person or inside a vehicle without a valid concealed carry permit. You may be charged under this statute if police discover a handgun hidden in a concealed location, such as inside a jacket, purse, backpack, waistband, center console, or glove compartment.
Prosecutors do not need to prove that the firearm was used, displayed, or brandished. Simply carrying a concealed weapon in violation of the law may be enough to warrant criminal charges.
Misdemeanor Charges vs. Felony Gun Charges
A concealed firearm offense may be charged as either a misdemeanor or a felony, depending on the circumstances. Prosecutors are more likely to file felony charges when aggravating factors are involved.
For example, penalties may increase if the gun was allegedly stolen or if the person was not the registered owner of the firearm. Prior criminal convictions, gang-related allegations, or accusations involving drugs or violent conduct also often result in felony gun charges.
Potential Penalties
Under California law, a misdemeanor conviction for violating PC 25400 may carry up to one year in county jail, probation, fines, and restrictions on firearm ownership. Felony convictions are punishable by up to three years in county jail, formal felony probation in some cases, felony fines, and a lifetime prohibition on firearm possession.
Felon in Possession of a Firearm
California Penal Code §29800 makes it illegal for convicted felons to own, possess, purchase, receive, or have custody or control of a firearm. The law also applies to people with outstanding warrants and some individuals convicted of specific misdemeanor offenses involving violence or firearms.
This firearm regulation applies to both actual possession and constructive possession, meaning prosecutors may file charges even if the firearm was not physically on the person at the time of the arrest. For example, police may allege possession if a firearm is discovered inside a vehicle, bedroom, safe, or other area the defendant allegedly controlled.
How Prosecutors Attempt to Prove Unlawful Firearm Possession
In a felon in possession case, the main question is whether the defendant actually possessed the firearm. Prosecutors often rely on circumstantial evidence to argue that the defendant knew the weapon was present and exercised control over it, such as:
- Statements made during police questioning
- Fingerprints or DNA evidence
- The location of the firearm
- Ammunition or firearm accessories found nearby
- Ownership or control of the vehicle or residence where the gun was found
Constructive possession cases can become complicated in shared homes or vehicles. If multiple people had access to the area where the firearm was found, a criminal defense attorney may argue that prosecutors cannot prove who actually possessed the weapon.
Penalties for Felon in Possession of a Firearm Convictions
Violating Penal Code §29800 is typically a felony offense in California. A conviction can result in the following penalties:
- 16 months, two years, or three years in county jail
- Felony probation in some cases
- Significant fines
- A lifetime firearm ban
These heavy penalties can increase if additional charges or sentencing enhancements are involved, such as a firearm allegedly connected to gang activity, drug trafficking, or another felony offense.
Legal Defenses to Illegal Firearm Charges in California
Firearm charges are not automatic convictions. In many California weapons cases, the outcome depends on whether prosecutors can legally use the evidence they obtained and whether they can actually prove the defendant knowingly possessed the firearm. Here are some of the most common defense strategies in these cases.
Illegal Search and Seizure
Defense lawyers often challenge illegal firearms charges based on the Fourth Amendment protection against unlawful searches and seizures. Police officers must generally have legal justification to stop a vehicle, search a home, or detain a person. If officers violated the defendant’s constitutional rights during the investigation, the court may suppress the firearm as evidence.
These issues are common during traffic stops, probation searches, and warrantless vehicle searches. For example, if the police searched a vehicle without probable cause, a criminal defense attorney may argue that the firearm was discovered illegally. If the judge suppresses the evidence, prosecutors may be unable to proceed with the case.
Lack of Knowledge or Possession
In firearm cases, prosecutors generally must prove that the defendant knowingly possessed or controlled the weapon. This can become complicated when firearms are found in shared homes, vehicles, or other spaces accessed by multiple people.
The defense may argue that the defendant did not know the firearm was present or that it belonged to someone else. Constructive possession cases are often heavily disputed because prosecutors may rely on circumstantial evidence instead of direct proof that the defendant handled the weapon.
Valid Firearm Permit or Lawful Exception
Certain defendants may qualify for exceptions under California firearm laws. A person accused of unlawfully carrying a concealed weapon under Penal Code §25400 may have had a valid concealed carry permit or otherwise qualified for a lawful exemption.
California law also contains exceptions for some law enforcement officers, security professionals, transporting a firearm, and lawful possession within a residence or business. If an exception applies, a gun crimes attorney may seek dismissal or reduction of the criminal charges.
Discuss Your Illegal Firearm Case With a Santa Rosa Criminal Defense Lawyer
California firearm charges can carry severe penalties, such as felony convictions, state prison time, and the permanent loss of gun rights. If you’ve recently been charged with illegally possessing a firearm, you should take the charges seriously and consider seeking legal representation. Dedicated Santa Rosa gun charges lawyer Amy Chapman is prepared to help you determine the best course of action for your specific case and stand by your side throughout the criminal justice process. Contact our criminal defense firm today at (707) 636-3207 to discuss your weapons case in a free consultation.