Santa Barbara Weapons Charges

Being charged with weapons offenses can feel overwhelming—but you’re not alone, and you have options. Whether you’re dealing with unlawful firearm possession charges, carrying concealed weapons allegations, felon in possession of firearm accusations that could result in federal prosecution, assault with deadly weapon charges involving guns or other weapons, possession of prohibited weapons including assault weapons or high-capacity magazines, carrying loaded firearms in public, weapons on school grounds charges, or facing sentence enhancements for using firearms during other crimes, understanding California’s strict weapons laws is the first step toward protecting your freedom, your Second Amendment rights, and your future in Santa Barbara’s coastal community.

At Central Coast Criminal Defense, we’ve helped Santa Barbara residents defend against weapons charges since 2010. We know the Santa Barbara County courts at Anacapa courthouse, the prosecutors, and—most importantly—we know how to fight for results that protect what matters most: your constitutional rights, your freedom, and your ability to lawfully own firearms for hunting, sport shooting, and self-defense in Santa Barbara County where gun ownership is culturally important and constitutionally protected.

What Are Weapons Charges in California?

Weapons charges in California encompass offenses involving illegal possession, carrying, use, or sale of firearms, ammunition, and prohibited weapons. California has some of the strictest gun laws in the nation, making many activities legal in other states into serious felonies here. The most common weapons charge is carrying concealed firearm under Penal Code Section 25400 which prohibits carrying concealed handguns without CCW permits, and carrying loaded firearm in public under PC 25850 which prohibits carrying loaded guns in vehicles or public places. More serious charges include felon in possession of firearm under PC 29800 prohibiting anyone with felony convictions from owning or possessing guns, possession of assault weapons under PC 30605, possession of unregistered handguns under PC 29800, and brandishing weapons under PC 417. Additionally, using firearms during commission of other crimes triggers severe sentence enhancements under PC 12022.5 (10 years for gun use), PC 12022.53 (10-20 years to life for discharging firearms or causing injury/death), and PC 12022 (1-10 years for armed enhancements). California also prohibits numerous categories of people from possessing firearms including felons, individuals with domestic violence convictions or restraining orders, persons with certain mental health holds, and those convicted of violent misdemeanors.

In Santa Barbara and throughout Santa Barbara County, weapons charges commonly arise from traffic stops on Highway 101 and State Street where California Highway Patrol and Santa Barbara Police discover firearms during vehicle searches, probation and parole searches when supervised individuals possess guns in violation of conditions, domestic violence calls where police seize firearms from Santa Barbara homes, gang-related investigations where firearms are found in vehicles or residences, carrying firearms in public including at State Street or downtown Santa Barbara, hunting violations when hunters possess firearms illegally or in prohibited areas in backcountry, and straw purchases where people buy guns for prohibited persons. The Santa Barbara County District Attorney’s Office prosecutes weapons offenses seriously at Anacapa courthouse, particularly when guns are possessed by felons or gang members, when firearms are used during violent crimes triggering enhancements adding decades to sentences, when assault weapons or high-capacity magazines are involved, or when defendants have prior weapons convictions showing patterns of illegal gun possession. Law enforcement including Santa Barbara Police Department, Santa Barbara County Sheriff’s Office, and California Highway Patrol investigate weapons cases using ballistics testing, serial number traces through ATF databases, forensic analysis of fingerprints and DNA on guns, probation and parole searches, and coordination with federal prosecutors for felon in possession cases that can be charged federally with mandatory 15-year minimum sentences under Armed Career Criminal Act.

What many Santa Barbara residents charged with weapons offenses don’t understand is that California’s gun laws are complex, constantly changing through legislation like Proposition 63 and new regulations, and contain numerous technical defenses including lack of knowledge when defendants didn’t know guns were in vehicles or homes, momentary possession when defendants briefly held firearms to secure them or turn them over to police, constructive possession challenges when multiple people had access to firearms, constitutional challenges to searches and seizures when guns were discovered through illegal stops or searches on Highway 101 or State Street, and Second Amendment defenses in appropriate cases. Additionally, many weapons charges involve overcharging by prosecutors including alleging assault with deadly weapon when no assault occurred, charging felon in possession when underlying felonies should be reduced to misdemeanors under Proposition 47 or 64 restoring gun rights, and adding enhancements when evidence doesn’t prove defendants personally used firearms during crimes. Without aggressive representation that challenges searches on Highway 101, contests constructive possession, pursues charge reductions, and fights enhancements, you risk felony convictions destroying Second Amendment rights forever, years or decades in state or federal prison, and permanent prohibition on firearm ownership that affects hunting in Santa Barbara County backcountry, sport shooting, employment in law enforcement or security, and constitutional rights to self-defense.

• Legal Definition: Weapons charges under California law include carrying concealed firearms (PC 25400), carrying loaded firearms in public (PC 25850), felon in possession of firearms (PC 29800), assault weapons possession (PC 30605), brandishing weapons (PC 417), and firearm sentence enhancements (PC 12022.5/12022.53) adding 10-25 years to life for gun use during crimes, with numerous categories of prohibited persons unable to own guns including felons and domestic violence offenders.
• Why It’s Serious: Weapons convictions result in permanent loss of Second Amendment rights preventing firearm ownership for life, state prison sentences ranging from 16 months to decades depending on charges and enhancements, federal prosecution for felon in possession carrying mandatory 15-year minimums under Armed Career Criminal Act, and immigration consequences including mandatory deportation for non-citizens with firearms convictions.
• Common Triggers: Traffic stops on Highway 101 and State Street where guns discovered during vehicle searches, probation and parole searches finding firearms at Santa Barbara residences, domestic violence calls with firearm seizures, gang investigations, carrying guns at State Street or downtown Santa Barbara, hunting violations in Santa Barbara County backcountry, and straw purchases for prohibited persons.

Important: Do not consent to vehicle or home searches. Do not make statements about firearm ownership or possession. Call +1 (805) 621-7181 immediately if arrested or under investigation—your gun rights and freedom depend on it.

Weapons Charges We Defend in Santa Barbara

We defend clients against all weapons-related charges in Santa Barbara, Santa Barbara County, and surrounding areas. Here are the offenses we handle:

Illegal Firearm Possession and Carrying

• Carrying Concealed Firearm (PC 25400)
  Carrying concealed handguns without CCW permit | Penalty: Misdemeanor with up to 1 year jail, or felony with 16 months-3 years prison
• Carrying Loaded Firearm in Public (PC 25850)
  Carrying loaded firearms in vehicles or public places | Penalty: Misdemeanor or felony depending on circumstances, up to 3 years prison
• Carrying Firearm in Vehicle (PC 26350)
  Openly carrying unloaded firearms in vehicles | Penalty: Misdemeanor with up to 1 year jail
• Possession of Unregistered Handgun (PC 29800)
  Possessing handguns not registered to defendant | Penalty: Misdemeanor with up to 1 year jail

Prohibited Persons in Possession

• Felon in Possession of Firearm (PC 29800)
  Felons owning or possessing firearms or ammunition | Penalty: 16 months-3 years state prison, possible federal prosecution with 15-year mandatory minimum
• Possession After Domestic Violence Conviction (PC 29805)
  Gun possession with domestic violence convictions | Penalty: Misdemeanor or felony, permanent federal firearm prohibition under 18 USC 922(g)(9)
• Possession with Active Restraining Order
  Firearm possession while subject to domestic violence restraining order | Penalty: Felony with up to 3 years prison, federal offense
• Possession with Prior Violent Misdemeanor
  Gun possession within 10 years of violent misdemeanor conviction | Penalty: Felony with up to 3 years prison

Prohibited Weapons

• Possession of Assault Weapons (PC 30605)
  Possessing assault weapons as defined under California law | Penalty: Felony with up to 3 years prison
• Possession of High-Capacity Magazines (PC 32310)
  Possessing magazines holding more than 10 rounds | Penalty: Misdemeanor or felony depending on circumstances
• Possession of Short-Barreled Shotgun/Rifle (PC 33215)
  Possessing shotguns or rifles with shortened barrels | Penalty: Felony with up to 3 years prison
• Possession of Silencers (PC 33410)
  Possessing firearm silencers or suppressors | Penalty: Felony with up to 3 years prison

Brandishing and Misuse

• Brandishing Weapon (PC 417)
  Displaying firearms or deadly weapons in threatening manner at State Street or beaches | Penalty: Misdemeanor with up to 1 year jail, felony if at schools or on officers
• Discharge of Firearm with Gross Negligence (PC 246.3)
  Recklessly firing guns endangering persons or property | Penalty: Misdemeanor or felony, up to 3 years prison
• Shooting at Inhabited Dwelling (PC 246)
  Discharging firearms at occupied buildings or vehicles | Penalty: 3-7 years state prison, strike offense
• Shooting from Vehicle (PC 26100)
  Drive-by shootings or firing from vehicles | Penalty: 3-7 years state prison, strike offense

Firearm Enhancements

• Armed Enhancement (PC 12022(a))
  Being armed during commission of felonies | Enhancement: 1 year additional prison
• Gun Use Enhancement (PC 12022.5)
  Personally using firearms during felonies | Enhancement: 3-10 years additional prison
• Discharge Enhancement (PC 12022.53(c))
  Personally discharging firearms during felonies | Enhancement: 20 years additional prison
• Discharge Causing Injury/Death (PC 12022.53(d))
  Personally discharging firearms causing great bodily injury or death | Enhancement: 25 years to life additional prison

Santa Barbara Hunting and Outdoor Related

• Illegal Hunting Firearm Possession
  Possessing firearms illegally during hunting in Santa Barbara County backcountry | Consequences: Fish and Game violations, criminal charges, hunting license suspension
• Firearms in Prohibited Areas
  Possessing guns in Los Padres National Forest restricted areas | Penalty: Federal and state violations, fines, possible imprisonment
• Loaded Firearms in Vehicles While Hunting
  Transporting loaded guns during hunting activities | Penalty: Misdemeanor, Fish and Game Code violations

Additional Weapons Offenses

• Weapons on School Grounds (PC 626.9) – Possessing firearms at Santa Barbara schools
• Possession of Ammunition by Prohibited Person (PC 30305) – Felons possessing ammunition
• Possession of Destructive Devices (PC 18710) – Explosives, grenades, bombs
• Possession of Metal Knuckles (PC 21810) – Brass knuckles and similar weapons
• Possession of Dirk or Dagger (PC 21310) – Concealed knives and daggers
• Possession of Switchblade (PC 21510) – Automatic knives
• Carrying Concealed Dirk or Dagger (PC 21310) – Concealed knife violations
• Possession of Nunchaku (PC 22010) – Martial arts weapons
• Possession of Throwing Stars (PC 22410) – Shuriken and similar weapons
• Straw Purchase of Firearms (PC 27510) – Buying guns for prohibited persons
• Sale of Firearms Without License (PC 26500) – Unlicensed firearm dealing
• Illegal Transfer of Firearms (PC 27500) – Transferring guns without background checks
• Possession of Firearm with Removed Serial Number (PC 23920) – Obliterated serial numbers
• Making Threats with Firearm – Criminal threats involving guns
• Reckless Discharge in City Limits – Unlawfully firing weapons in Santa Barbara

Facing weapons charges? These charges destroy Second Amendment rights permanently and can result in decades in prison with enhancements. Do not speak to police. Call +1 (805) 621-7181 immediately—your gun rights and freedom depend on aggressive defense.

What’s at Stake: Consequences of Weapons Convictions

Weapons convictions don’t just mean prison time—they destroy your Second Amendment rights forever. Here’s what you could be facing:

⚠️ Your Second Amendment rights are at stake forever. Weapons convictions mean permanent gun prohibition affecting hunting in Santa Barbara County, employment, and self-defense. Request your free consultation immediately.

Why Hiring an Attorney for Weapons Charges Is Essential

Many Weapons Charges Result From Illegal Searches on Highway 101

The vast majority of weapons cases we defend involve Fourth Amendment violations where California Highway Patrol, Santa Barbara Police, or Santa Barbara County Sheriff’s deputies conducted illegal searches discovering firearms without warrants, probable cause, or consent. We’ve won countless weapons cases by filing motions to suppress evidence obtained from illegal vehicle searches during traffic stops on Highway 101 and State Street where officers exceeded scope of stops or lacked probable cause to search, probation and parole searches exceeding authorized scope of conditions, searches of Santa Barbara homes and vehicles without valid consent from persons with authority, searches based on false information in warrant affidavits, and pat-down searches finding concealed weapons without reasonable suspicion of danger. When firearms are discovered through unconstitutional searches, we file suppression motions under PC 1538.5 arguing evidence must be excluded—and without gun evidence, prosecutors cannot prove weapons charges and must dismiss cases. Santa Barbara Police and California Highway Patrol frequently violate search and seizure rights during weapons investigations on Highway 101 through pretextual stops, coercive consent requests, and searches exceeding lawful scope—and identifying these violations requires attorneys who know Fourth Amendment law and aggressively challenge police conduct through suppression litigation at Anacapa courthouse.

Felon in Possession Charges Can Be Challenged

Felon in possession under PC 29800 prohibits people with felony convictions from owning or possessing firearms—but many Santa Barbara residents charged with this offense have defenses including Proposition 47 or 64 reductions of prior felony convictions to misdemeanors restoring gun rights, expunged convictions that may not qualify as prohibiting felonies, lack of knowledge that underlying convictions were felonies particularly when defendants pleaded to violations without understanding consequences, constructive possession challenges when firearms belonged to others in shared vehicles or Santa Barbara homes, and momentary possession when defendants briefly held guns to secure them or turn them over to police. We also challenge federal felon in possession prosecutions under 18 USC 922(g) which carry mandatory 15-year minimum sentences for Armed Career Criminals by demonstrating that prior convictions don’t qualify as violent felonies or serious drug offenses under Supreme Court precedents narrowing these definitions, proving state convictions were reduced to misdemeanors under Proposition 47 before federal charges filed, and contesting that defendants didn’t knowingly possess firearms. Many Santa Barbara residents we represent have prior felony convictions from decades ago that should be reduced under Proposition 47, expunged convictions potentially restoring gun rights, or were unaware guns were in vehicles or homes—and aggressive defense prevents federal prosecution with mandatory 15-year minimums that would destroy lives.

Firearm Enhancements Add Decades—We Fight to Strike Them

California’s firearm enhancements under PC 12022, 12022.5, and 12022.53 add massive prison time to base sentences—being armed adds 1 year, using firearm adds 3-10 years, discharging firearm adds 20 years, and discharging firearm causing injury or death adds 25-years-to-life. These enhancements can turn 3-year robbery sentences into 13-23 year sentences or life sentences, effectively multiplying punishment. We aggressively challenge firearm enhancements by demonstrating that defendants weren’t personally armed when multiple people were present and others possessed guns, proving defendants didn’t personally use firearms during crimes when evidence shows others fired shots, showing that discharge didn’t occur or can’t be proven beyond reasonable doubt, contesting that great bodily injury resulted from gunfire versus other causes, and filing motions to strike enhancements under PC 12022.53(h) and recent SB 620 allowing courts discretion to dismiss enhancements in interests of justice. Firearm enhancements can add decades to prison sentences—a 4-year assault case becomes 24-year sentence with discharge enhancement, and fighting enhancements through expert testimony, ballistics evidence, and witness cross-examination is critical to avoiding decades of additional imprisonment.

Local Experience at Anacapa Courthouse Makes the Difference

Weapons prosecutions in Santa Barbara County Superior Court at Anacapa courthouse require understanding how prosecutors evaluate self-defense claims in brandishing cases, which judges grant suppression motions for search violations on Highway 101, how Santa Barbara juries view Second Amendment rights and lawful gun ownership in this coastal community with hunting culture in backcountry areas, and what evidence is persuasive including ballistics reports, ATF traces, and forensic analysis. We’ve defended hundreds of weapons cases at Anacapa courthouse, know the prosecutors who handle firearms offenses and their policies, understand that Santa Barbara County has significant hunting culture in backcountry areas and Los Padres National Forest creating sympathy for Second Amendment arguments, can connect clients with firearms experts who testify about lawful possession and constitutional rights, and know federal prosecutors who decide whether to charge felon in possession federally with devastating mandatory minimums. We also understand that weapons convictions carry unique consequences in Santa Barbara where hunting is popular in surrounding areas and Los Padres National Forest, where law enforcement and security jobs are common requiring firearm possession, and where Second Amendment rights are valued by community members who view gun ownership as constitutional right for self-defense in coastal areas and rural backcountry.

How Central Coast Criminal Defense Defends Weapons Charges

Since 2010, we’ve defended Santa Barbara residents against weapons charges with a proven, aggressive approach:

1. Immediate Case Assessment and Fourth Amendment Analysis
   We immediately review circumstances of arrest and firearm discovery to identify illegal searches and Fourth Amendment violations, assess whether traffic stops on Highway 101 or State Street had reasonable suspicion and probable cause, determine if consent to search was voluntary and given by person with authority over vehicle or Santa Barbara residence, evaluate whether probation or parole searches exceeded authorized scope, identify warrant defects including lack of probable cause or false information in affidavits, and determine if suppression motions can exclude firearm evidence resulting in dismissals.
2. Suppression Motion Practice
   We file comprehensive motions to suppress evidence under PC 1538.5 at Anacapa courthouse arguing firearms were discovered through illegal searches of vehicles on Highway 101 without probable cause or exceeding scope of traffic stops, searches of Santa Barbara residences without valid warrants or exigent circumstances, probation searches exceeding conditions or conducted in bad faith, coerced consent or consent from persons lacking authority, and warrant defects requiring exclusion of all evidence. We litigate suppression hearings aggressively through cross-examination of police officers, presentation of defense witnesses and evidence, and legal arguments under California and federal constitutional law.
3. Challenging Felon in Possession Allegations
   For PC 29800 felon in possession charges we file Proposition 47 or 64 petitions to reduce prior felony convictions to misdemeanors restoring gun rights before weapons trial, demonstrate that expunged convictions may not prohibit firearm possession under California law, prove lack of knowledge that prior convictions were felonies disabling gun ownership, challenge constructive possession showing firearms belonged to others in shared spaces, and demonstrate momentary possession when defendants briefly held guns for lawful purposes like securing them or turning them over to authorities.
4. Contesting Firearm Enhancements
   We challenge firearm enhancements under PC 12022, 12022.5, and 12022.53 by demonstrating defendants weren’t personally armed when others present possessed guns, proving defendants didn’t personally use firearms during crimes through witness testimony and evidence, showing no discharge occurred or can’t be proven beyond reasonable doubt through ballistics and forensics, contesting causation for great bodily injury showing injuries resulted from other causes not gunfire, and filing motions under PC 12022.53(h) and SB 620 to strike enhancements in interests of justice.
5. Constitutional Defenses
   We raise Second Amendment defenses in appropriate cases arguing constitutional right to bear arms, present expert testimony on lawful firearm possession for hunting in Santa Barbara County backcountry and self-defense in coastal areas, demonstrate defendants possessed guns lawfully for sport shooting, challenge vague statutory definitions of prohibited weapons like “assault weapons,” and argue that California’s restrictions violate constitutional rights under recent Supreme Court precedents expanding Second Amendment protections.
6. Skilled Negotiation
   We work with Santa Barbara County prosecutors at Anacapa courthouse to secure dismissals when searches were illegal on Highway 101 or evidence insufficient, negotiate charge reductions from felonies to misdemeanors when appropriate, reduce felon in possession charges after obtaining Proposition 47 reductions of prior convictions, obtain probation with gun surrender rather than prison when convictions cannot be avoided, structure plea agreements avoiding federal prosecution for felon in possession, and negotiate outcomes preserving Second Amendment rights when possible through charge reductions or diversions.
7. Federal Coordination
   For cases involving potential federal prosecution we coordinate with federal public defenders or retained federal counsel, challenge federal jurisdiction and argue for state prosecution with lesser penalties, contest Armed Career Criminal Act predicate convictions reducing mandatory minimums, and negotiate with federal prosecutors to decline prosecution or reduce charges avoiding devastating mandatory 15-year sentences.
8. Restoring Gun Rights
   For clients with prior convictions affecting gun rights we file Certificates of Rehabilitation and pardons restoring firearm rights under California law, pursue Proposition 47 reductions retroactively restoring rights for prior drug and theft felonies, obtain expungements that may restore rights depending on conviction types, and challenge lifetime prohibitions under recent legal developments expanding paths to restoration.
9. Hunting and Outdoor Sports Protection
   For Santa Barbara County residents who hunt in backcountry and Los Padres National Forest we structure defenses protecting hunting privileges and outdoor activities, demonstrate lawful firearm possession for hunting purposes, negotiate resolutions preserving ability to possess hunting firearms, and fight for outcomes that allow continued participation in hunting culture important to Santa Barbara County rural areas.

Our weapons defense practice is built on successfully defending Santa Barbara residents against firearms charges and protecting Second Amendment rights. We’ve secured dismissals through successful suppression motions when firearms were discovered through illegal searches on Highway 101 or at Santa Barbara residences, obtained acquittals at trial at Anacapa courthouse by challenging constructive possession and demonstrating defendants didn’t knowingly possess guns, negotiated charge reductions from felon in possession after obtaining Proposition 47 reductions of prior convictions restoring gun rights, struck firearm enhancements saving clients from decades of additional prison time, prevented federal prosecution for felon in possession avoiding mandatory 15-year minimum sentences, and restored gun rights for clients with prior convictions through Certificates of Rehabilitation and other relief. We understand that many Santa Barbara residents charged with weapons offenses are law-abiding gun owners who possessed firearms lawfully for hunting in Santa Barbara County backcountry and Los Padres National Forest, individuals facing charges based on illegal searches during pretextual traffic stops on Highway 101, or people with prior convictions who didn’t know they were prohibited from owning guns—and we fight aggressively to protect Second Amendment rights, challenge unconstitutional searches, and prevent convictions that would permanently destroy constitutional rights to bear arms for hunting in backcountry areas, sport shooting, and self-defense in Santa Barbara’s coastal community.

When weapons charges threaten your Second Amendment rights and freedom, you need more than just legal representation—you need an advocate who knows Santa Barbara County courts inside and out. That’s exactly what you get with Central Coast Criminal Defense.

Get Your Free Consultation Today

Don’t wait to protect your gun rights and freedom. Weapons charges require immediate, aggressive defense to suppress illegal searches and avoid permanent firearm prohibition. Call now.