Even an ordinary traffic stop can lead to unexpected allegations that disrupt your life. One moment, you’re going about your business; the next, you’re facing the harsh reality of California’s stringent weapons laws. Weapons charges can have severe consequences, but it is important to understand your legal options and how these laws apply.

At Keegan Law, we understand how overwhelming and intimidating weapons charges can be. Our team brings extensive knowledge, dedication, and compassion to help you take on the legal system and fight for the best possible outcome.

California law defines several separate firearm and weapons-related offenses under different statutes. These charges are distinct, and the specific facts determine which law applies.

California’s weapons laws are among the strictest in the nation. Factors like your criminal background and the type of weapon often influence charges related to firearm possession, use, or transportation. Knowing what you’re up against is the first step to building a strong defense.

Weapons charges often arise from situations beyond your control, like being in the wrong place at the wrong time or unknowingly breaking a complex rule. However, California law doesn’t always consider intent when determining penalties. That is why proactive and knowledgeable legal representation isn’t just helpful, but necessary.

California law defines several separate firearm and weapons-related offenses under different statutes. These charges are distinct, and the specific facts determine which law applies.

Carrying a Concealed Firearm

California Penal Code Section 25400 makes it a crime to carry a concealed firearm on your person or in a vehicle without a valid concealed carry permit. To prove this offense, the prosecution generally must show that:

• You carried a firearm on your person or inside a vehicle,
• The firearm was substantially concealed, and
• You knew the firearm was present.

This charge does not apply to all firearm possession. Instead, it specifically addresses concealed carry without proper authorization. Whether a charge applies often depends on how the firearm was stored, transported, or discovered.

Carrying a Loaded Firearm

California Penal Code Section 25850 makes it a crime to carry a loaded firearm in public or in a vehicle under certain circumstances. This charge often depends on how the firearm was stored or transported. Whether a permit is required and whether an exception applies depends on the specific circumstances.

Minor in Possession of a Firearm

California Penal Code Section 29610 applies when a person under 18 possesses a firearm. This law applies broadly, though there are limited exceptions, such as supervised use for lawful activities like hunting or target practice.

Possession of Certain Prohibited Weapons 

California law prohibits possession of certain weapons under separate statutes, including brass knuckles (Penal Code Section 21810), batons (Penal Code Section 22210), and switchblades (Penal Code Section 21510).

Brandishing a Weapon

California Penal Code Section 417 involves drawing or displaying a weapon in a threatening manner. The prosecution must show that you displayed the weapon in a rude, angry, or threatening manner. Simply possessing a weapon, without this type of conduct, does not meet the elements of this offense.

Felon in Possession of a Firearm in California

California Penal Code Section 29800 makes it a felony for individuals with prior felony convictions to possess, own, or purchase firearms. These restrictions often extend to individuals with prior convictions for violent crimes, drug offenses, or domestic violence. However, they can also apply to people with non-violent prior felonies, like drug crimes, theft, fraud, or other white-collar offenses.

Many people don’t realize that it is also illegal for convicted felons to possess ammunition pursuant to California Penal Code Section 30305(a)(1). Additional restrictions on firearm or ammunition possession may apply to certain individuals, including those subject to specific court orders or other legal prohibitions.

Because these offenses are codified under separate laws, it is important to evaluate each charge individually.

A misdemeanor conviction for unlawful possession of a firearm can result in up to one year in jail and additional fines. Felony convictions, like possessing a firearm as a felon, result in up to three years in state prison. Additional penalties may apply if the offense involves gang activity or other crimes.

But the impact of a conviction for weapons charges goes beyond just jail time and fines. Additionally, you may face:

• A permanent criminal record that can hinder employment and housing opportunities;
• Loss of firearm rights, potentially for life;
• Immigration consequences, including deportation for non-citizens; and
• Increased sentencing for future offenses due to California’s “Three Strikes Law.” 

A weapons conviction carries a stigma that negatively impacts your ability to find work, maintain healthy relationships, and enjoy life in general. Considering the serious repercussions of these charges, it’s essential to work with your weapons charges lawyer to determine the best plan of action moving forward.

Your case is our top priority, so we work hard to develop a defense plan tailored to you. Our team focuses on uncovering every detail to ensure the strongest possible representation. Depending on the circumstances, possible defenses may include:

• Lack of knowledge—proving you were unaware of the weapon’s presence, such as in a shared home or vehicle;
• Mistaken identity—challenging unreliable witness testimony or forensic errors that led to your wrongful accusation;
• Illegal search and seizure—contesting evidence gathered during unlawful searches violates your constitutional rights; and
• Self-defense—demonstrating that the weapon was carried or used solely to protect you or others from immediate harm.

Whether you’re facing misdemeanor or more serious felony charges, you can trust the Keegan Law team’s deep understanding of California weapons laws and client-centered approach to help you obtain the best possible outcome.

Weapons charges often involve detailed legal distinctions under different statutes regarding how a firearm or other weapon was possessed, carried, or used. Evaluating the specific facts of a case, including how the police discovered the weapon and whether law enforcement followed proper procedures, is an important part of building a defense.

Whether it’s your first time accused of a crime or you’ve been involved in the criminal justice system before, facing criminal charges never gets easier. At Keegan Law, we understand how much you have at stake and know there is no one-size-fits-all approach to criminal defense. 

That’s why we provide compassionate, personalized representation and work tirelessly to achieve the best outcome for you. Contact us to schedule your confidential case evaluation and begin building your defense today.