Weapons Charges

Weapons charges in California encompass criminal offenses involving the unlawful possession, carrying, brandishing, or use of firearms, knives, and other dangerous weapons. California has some of the strictest gun laws in the nation, regulating who can own firearms, where they can be carried, what types of weapons are legal, and how they must be stored and transported. Violations range from misdemeanor carrying concealed weapons to serious felonies like felon in possession of firearms, assault with a deadly weapon, or shooting at inhabited dwellings. Many weapons charges carry mandatory minimum sentences, prohibit probation, and count as strikes under California’s Three Strikes Law. Even defendants with no criminal history and valid reasons for possessing weapons face felony charges because California’s complex weapons laws criminalize conduct that would be legal in most other states.

These charges are prosecuted aggressively because California prioritizes gun control and public safety, viewing illegal weapons possession as inherently dangerous even when no one is harmed. District attorneys face political pressure to be tough on gun crimes, particularly after high-profile shootings. Prosecutors often overcharge weapons cases, adding every possible enhancement and related charge to maximize leverage in plea negotiations. Law enforcement conducts weapons-focused operations including probation and parole searches specifically looking for guns, vehicle searches where officers claim to see weapons in plain view, and investigations targeting known gang members or felons. Even lawful gun owners face prosecution when they unknowingly violate California’s labyrinthine weapons laws regarding magazine capacity, registration, transport, or storage.

Common circumstances leading to weapons charges include traffic stops where officers search vehicles and find firearms, probation or parole searches where weapons are discovered in homes, situations where someone brandishes or displays a weapon during arguments or confrontations, felons found with firearms even if possession is temporary or unknowing, carrying concealed weapons without proper permits, possession of prohibited weapons like assault weapons or high-capacity magazines, domestic violence situations where firearms are present resulting in automatic seizures and charges, and gang-related investigations where weapons possession is enhanced with gang allegations. We’ve represented lawful gun owners charged for technical violations, defendants who didn’t know firearms were in their vehicles or homes, people accused of brandishing in legitimate self-defense situations, and clients whose Second Amendment rights were violated through illegal searches.

Types of Weapons Charges We Defend

We handle all weapons charges in San Luis Obispo, Santa Maria, and Lompoc:

Firearm Possession Offenses

• Felon in Possession of Firearm (PC 29800) – Any person convicted of a felony possessing, owning, or having under their control any firearm, charged as a felony carrying 16 months to 3 years prison, with no requirement that the felon personally touched the weapon if it was accessible to them.
• Carrying a Concealed Firearm (PC 25400) – Carrying a concealed firearm on your person or in a vehicle without a valid CCW permit, charged as misdemeanor (up to 1 year jail) for first offense, felony (16 months to 3 years prison) for prior convictions or gang members.
• Carrying a Loaded Firearm in Public (PC 25850) – Carrying a loaded firearm in public places or vehicles, charged as misdemeanor (up to 1 year jail) in most circumstances, elevated to felony (16 months to 3 years prison) when defendant isn’t lawful owner, has prior convictions, or is gang member.
• Possession of Unregistered Firearm (PC 29610) – Possessing firearms not registered to you under California’s registration requirements, charged as misdemeanor for most handguns, though registration violations are often charged alongside more serious weapons offenses.
• Prohibited Person in Possession (PC 29800-29825) – Various statutes prohibiting firearm possession by persons convicted of certain misdemeanors (domestic violence, brandishing, certain drug offenses), persons subject to restraining orders, or persons with mental health prohibitions.

Assault with Weapons

• Assault with a Deadly Weapon (PC 245(a)(1)) – Assault committed with any weapon capable of causing great bodily injury or death, including firearms, knives, clubs, vehicles, or any object used in a manner likely to cause serious injury, charged as felony carrying 2-4 years prison.
• Assault with a Firearm (PC 245(a)(2)) – Assault specifically committed with a firearm, charged as felony carrying 2-4 years prison, with enhanced penalties when victim is a peace officer (4-6 years) or when firearm is discharged.
• Assault with a Semiautomatic Firearm (PC 245(b)) – Assault using semiautomatic firearms, carrying enhanced penalties of 3, 6, or 9 years state prison, treated more seriously than assault with other firearms.
• Shooting at Inhabited Dwelling (PC 246) – Discharging a firearm at an inhabited house, building, vehicle, or aircraft, charged as felony carrying 3, 5, or 7 years state prison, classified as serious felony and strike offense regardless of whether anyone is injured.
• Shooting from a Vehicle (PC 26100) – Discharging firearms from motor vehicles, carrying 3, 5, or 7 years prison, with gang enhancements potentially adding 5-15 years, prosecuted aggressively as gang-related activity.

Brandishing and Threatening with Weapons

• Brandishing a Weapon (PC 417) – Drawing or exhibiting a firearm or deadly weapon in a rude, angry, or threatening manner, charged as misdemeanor (30 days to 1 year jail) in most circumstances, elevated to felony (16 months to 3 years prison) when brandished in presence of peace officers.
• Criminal Threats with Weapon (PC 422) – Threatening to kill or seriously injure someone while possessing or displaying a weapon, causing victim to fear for their safety, charged as misdemeanor (up to 1 year jail) or felony (16 months to 3 years prison).
• Pointing a Firearm at Another Person (PC 417.4) – Intentionally pointing a firearm at another person in threatening manner, charged as misdemeanor (minimum 3 months jail) or felony depending on circumstances, with mandatory minimum custody time.

Prohibited Weapons Offenses

• Possession of Assault Weapon (PC 30600/30605) – Possessing firearms defined as assault weapons under California law, including specific models and features-based definitions, charged as felony or misdemeanor depending on circumstances, carrying up to 3 years prison.
• Possession of Short-Barreled Rifle/Shotgun (PC 33215) – Possessing rifles with barrels less than 16 inches or shotguns with barrels less than 18 inches, charged as felony carrying 16 months to 3 years prison.
• Possession of Silencer/Suppressor (PC 33410) – Possessing firearm suppressors or silencers, charged as felony carrying 16 months to 3 years prison, with no exceptions even for hearing protection purposes.
• Large Capacity Magazine Possession (PC 32310) – Possessing ammunition feeding devices capable of holding more than 10 rounds, charged as misdemeanor (up to 1 year jail), though prosecutions are complex due to ongoing litigation and prior legal purchase periods.
• Possession of Destructive Device (PC 18710) – Possessing bombs, grenades, explosive devices, or rockets, charged as felony carrying 16 months to 3 years prison, with enhanced penalties when possessed with intent to injure.

Weapons Enhancement Charges

• Gun Enhancement (PC 12022.5) – Sentence enhancement for personally using a firearm during commission of a felony, adding 3, 4, or 10 years to the underlying sentence depending on the firearm type and offense.
• Discharge Enhancement (PC 12022.53) – Enhanced penalties for personally discharging a firearm during serious felonies, adding 10 years for discharge, 20 years for discharge causing great bodily injury, 25 years to life for discharge causing death.
• Armed Enhancement (PC 12022(a)) – Sentence enhancement for being armed with a firearm during felony commission, adding 1 year to the underlying sentence even if the weapon wasn’t used.

Additional Weapons Offenses

• Carrying Concealed Dirk or Dagger (PC 21310) – Carrying knives concealed on your person capable of ready use as stabbing weapons, charged as misdemeanor carrying up to 1 year jail, with knives in pockets or concealed sheaths commonly charged.
• Possession of Switchblade Knife (PC 21510) – Possessing switchblade knives with blades 2 inches or longer, charged as misdemeanor carrying up to 6 months jail, though enforcement is inconsistent.
• Possession of Metal Knuckles (PC 21810) – Possessing brass knuckles or similar devices, charged as misdemeanor carrying up to 1 year jail, often discovered during searches for other purposes.
• Possession of Nunchaku (PC 22010) – Possessing nunchucks, though this prohibition was recently ruled unconstitutional in California, cases may still be pending in some jurisdictions.
• Carrying a Firearm in Government Buildings (PC 171b/171c) – Possessing firearms in courthouses, government buildings, or public meetings, charged as felony or misdemeanor depending on circumstances, often charged against lawful CCW holders who forget restrictions.
• Firearm Storage Violations (PC 25100-25135) – Failing to properly store firearms to prevent access by children or prohibited persons, charged as misdemeanor (up to 1 year jail) or felony (16 months to 3 years prison) when children gain access and cause injury or death.

This list represents the most common weapons charges we defend, but we handle all firearms and weapons-related offenses. If you’re facing charges not listed here, or you’re unsure exactly what you’ve been charged with, we can help. California’s weapons laws are complex, technical, and often confusing even for lawful gun owners.

Call us at (805) 621-7181 to discuss your specific charges and protect your Second Amendment rights.

Penalties for Weapons Charge Conviction

Weapons charge convictions result in severe and often mandatory consequences:

• Prison or jail sentences – Misdemeanor weapons charges: 6 months to 1 year county jail; Felony weapons charges: 16 months to 3 years state prison for most possession offenses; Assault with firearms: 2-9 years; Shooting at dwellings: 3-7 years; with many weapons charges carrying mandatory minimum sentences prohibiting probation
• Mandatory minimum sentences – Many weapons charges prohibit probation and require state prison, including shooting at inhabited dwellings, shooting from vehicles, certain assault with firearm charges, and felon in possession with violent priors
• Lifetime firearm prohibition – Any felony conviction prohibits gun ownership for life under federal and state law, with weapons felonies creating absolute bars to restoration, meaning you permanently lose Second Amendment rights even for single convictions
• Ten-year prohibition for certain misdemeanors – Misdemeanor convictions for domestic violence, brandishing, or certain violent offenses prohibit gun possession for 10 years under California law, with violations charged as new felonies
• Three Strikes consequences – Assault with firearms, shooting at dwellings, and certain other weapons charges count as strikes under California’s Three Strikes Law, doubling sentences for subsequent felonies and creating potential for 25-to-life on third strike
• Gun Violence Restraining Orders – Weapons charges often result in Gun Violence Restraining Orders (GVRO) authorizing law enforcement to seize all firearms and ammunition for 1-5 years, prohibiting possession even if criminal charges are dismissed
• Firearm seizure and destruction – Law enforcement seizes firearms involved in weapons charges, and courts often order destruction of firearms even when charges are reduced or dismissed, resulting in permanent loss of valuable property
• Immigration consequences – Firearms offenses are deportable for non-citizens, with aggravated felony firearms trafficking convictions creating permanent inadmissibility and violent firearms offenses resulting in mandatory detention and deportation
• Federal prosecution exposure – Many weapons violations can be charged federally, including felon in possession (18 USC 922(g)), which carries mandatory minimum 15 years if defendant has three prior violent felonies, and federal drug/gun combinations carrying mandatory 5-year consecutive sentences
• Enhanced sentences in future cases – Weapons enhancements in current cases add years to sentences, and prior weapons convictions enhance future sentences, creating compounding consequences
• Professional consequences – Weapons convictions affect security clearances, law enforcement employment, military service, private security licenses, and any position requiring firearm access or background checks
• Permanent criminal record affecting employment, housing, and gun rights for life, with weapons convictions particularly problematic for jobs requiring security clearances, government positions, or firearm access

California vs. Federal Weapons Laws

Understanding which system will prosecute your case:

California State Prosecutions

Most weapons charges are prosecuted in California state courts under Penal Code provisions. State prosecutors handle assault with weapons, brandishing, carrying concealed firearms, possession of prohibited weapons, and most felon in possession cases. Sentences range from county jail for misdemeanors to state prison for felonies, typically 16 months to 3 years for possession offenses.

Federal Prosecutions

Federal authorities prosecute certain weapons cases in U.S. District Court under Title 18 USC provisions, particularly:

• Felon in Possession (18 USC 922(g)) – When defendants have multiple prior felonies or violent crime histories, carrying 10-15 years mandatory minimums with three prior violent felonies
• Firearms Trafficking – Unlicensed firearms dealing, interstate trafficking, or selling to prohibited persons
• Drug/Gun Combinations – Possessing firearms during drug trafficking crimes, carrying mandatory 5-year consecutive sentences on top of drug sentences
• Prohibited Persons – Domestic violence misdemeanants, fugitives, or drug users in possession of firearms

Federal sentences are typically much harsher than state sentences, with mandatory minimums, no parole (serve 85% minimum), and stricter sentencing guidelines. Understanding whether your case might be federal is critical to evaluating options and potential outcomes.

Why You Need an Attorney for Weapons Charges

California Gun Laws Are Labyrinthine

California has hundreds of gun laws regulating what firearms are legal, who can possess them, where they can be carried, how they must be transported, storage requirements, registration requirements, and ammunition restrictions. Many lawful gun owners violate these laws unknowingly because regulations are complex, change frequently, and aren’t intuitive. We’ve represented clients charged with possessing legally purchased firearms that later became classified as assault weapons, clients transporting firearms legally under federal law but illegally under California law, and defendants charged for technical violations they had no idea existed. Understanding California’s weapons laws requires specialized knowledge that general criminal defense attorneys often lack.

Search and Seizure Issues Are Critical

Many weapons charges result from searches that violated the Fourth Amendment. Officers conduct vehicle searches claiming they smelled marijuana, conduct home searches during probation checks exceeding the scope of their authority, or seize firearms claiming they were in plain view when they weren’t. Because weapons charges are serious, prosecutors and judges sometimes overlook constitutional violations that would result in evidence suppression in other cases. We file motions to suppress evidence from illegal searches, challenge probable cause for vehicle stops and searches, demonstrate that officers exceeded the scope of consent or probation search authority, and fight to exclude evidence obtained through Fourth Amendment violations.

Self-Defense and Justification Defenses

Many weapons charges involve situations where defendants were lawfully defending themselves or others. Brandishing cases often involve displaying weapons to deter aggressors. Assault with weapons charges sometimes involve using weapons in legitimate self-defense. California law allows reasonable force in self-defense, including use of weapons when threatened with serious injury or death. We investigate thoroughly to establish self-defense, present evidence that alleged victims were aggressors, demonstrate that weapon display or use was reasonable response to threats, and argue that defendants had every right to protect themselves and shouldn’t be criminalized for exercising that right.

Experience Matters

We’ve defended weapons charges in San Luis Obispo, Santa Maria, and Lompoc courts for over 15 years. We know which judges are sympathetic to Second Amendment rights and which impose maximum sentences. We know specialized weapons prosecutors and their approaches. We understand California’s complex firearms laws, federal prosecution criteria, and which cases might be transferred to federal court. We know how to challenge firearms identification and trace evidence, question ATF testimony, and present defenses that work in Central Coast communities where many residents are lawful gun owners who understand firearms. That experience informs every strategic decision from motions to suppress through trial.

How Central Coast Criminal Defense Can Help

Helping clients in San Luis Obispo, Santa Maria, and Lompoc defend against weapons charges since 2010, we provide:

• Thorough Case Investigation – We review all evidence including police reports, search warrant affidavits, and chain of custody documentation for firearms and ammunition, investigate circumstances of searches to identify Fourth Amendment violations, obtain witness statements supporting self-defense or lack of knowledge, examine firearm classifications to determine if weapons are actually prohibited under California law, and investigate whether you had legal authority to possess firearms.
• Fourth Amendment Motions – We file motions to suppress evidence from illegal searches and seizures, challenge vehicle searches lacking probable cause or proper consent, demonstrate that searches exceeded the scope of probation or parole conditions, argue that firearms weren’t in plain view as officers claimed, and exclude evidence obtained through constitutional violations.
• Self-Defense and Justification Strategies – We develop self-defense theories when weapons were displayed or used to repel aggressors, present evidence of threats or violence by alleged victims justifying fear, demonstrate that weapon use was reasonable and proportionate to threats faced, and establish that defendants had legal right to defend themselves and shouldn’t be prosecuted for lawful self-defense.
• Technical Defenses to Weapons Charges – We challenge whether firearms meet California’s definition of assault weapons or prohibited weapons, demonstrate lack of knowledge (you didn’t know firearms were in vehicle or residence), prove firearms weren’t readily accessible (key element in felon in possession cases), establish that magazines were legally purchased during periods when they were lawful, and present evidence of lawful possession under exemptions or permits.
• Personal Attention for Gun Owners – You work directly with attorneys who respect Second Amendment rights, understand firearms and California’s gun laws, and recognize that many weapons charges involve lawful gun owners prosecuted for technical violations rather than dangerous criminals.

We understand that people facing weapons charges often include lawful gun owners who made technical mistakes, people who displayed weapons in legitimate self-defense, defendants who didn’t know firearms were present, people whose homes or vehicles were searched illegally, and citizens whose Second Amendment rights are being trampled by California’s overreaching gun laws. We’ve represented concealed carry permit holders charged for carrying in prohibited places, gun owners charged for possessing firearms later classified as assault weapons, defendants who displayed firearms to deter attackers, and people whose vehicles were searched illegally resulting in weapons discoveries.

Our approach focuses on your constitutional rights and the specific circumstances of your case. Was the search legal? Did you know firearms were present? Were you defending yourself or others? Does the firearm actually meet California’s definition of prohibited weapon? Are you eligible for exemptions or reductions? We challenge constitutional violations aggressively, present self-defense when applicable, and fight to protect your Second Amendment rights and your freedom.

Weapons charges can be defended. We’ve won suppression motions resulting in dismissals, secured acquittals based on self-defense, negotiated reductions from felonies to misdemeanors, and protected clients’ gun rights when possible. Whether you’re facing felon in possession charges, assault with weapons, brandishing, or prohibited weapons possession, whether you’re a lawful gun owner charged for technical violations or someone who used weapons in self-defense, we’re here to provide the representation your case requires.

Don’t Wait—Call Us Today

Weapons charges require immediate attention, particularly when firearms have been seized, search warrants were executed, or federal prosecution is possible. Early representation allows us to file suppression motions, negotiate with prosecutors before charges are filed, and potentially prevent federal prosecution.

We’ll review the circumstances of your arrest or search, explain the charges and potential consequences, discuss defenses including self-defense and Fourth Amendment violations, and develop a strategy to protect your rights and your freedom.

Your Second Amendment rights matter. Let us defend them.