California has some of the strictest gun laws in the United States, and a conviction for a firearms-related offense can result in significant prison time, loss of your gun rights, and lasting damage to your personal and professional life. Whether you are facing charges for illegal possession, carrying a concealed weapon, use of a firearm in the commission of another crime, or any other gun-related offense, Attorney David A. Stein is prepared to provide the aggressive defense representation you deserve.
Common Gun Charges in California
California law governs firearms extensively, and there are numerous ways a person can face criminal charges involving a firearm. Common gun charges include:
- Illegal possession of a firearm (PC 29800): Certain individuals are prohibited from owning or possessing firearms under California law, including convicted felons, persons subject to domestic violence restraining orders, and persons with specific mental health adjudications.
- Carrying a concealed firearm (PC 25400): Carrying a concealed firearm in a vehicle or on your person without a valid concealed carry permit is a criminal offense.
- Carrying a loaded firearm in public (PC 25850): Carrying a loaded firearm in a public place or in a vehicle is generally prohibited without proper licensing.
- Assault with a firearm (PC 245(a)(2)): Using a firearm in a threatening or assaultive manner is a serious felony offense.
- Shooting at an inhabited dwelling (PC 246): Discharging a firearm at a home, vehicle, or other inhabited structure carries severe penalties.
- Felon in possession (PC 29800): A convicted felon found in possession of a firearm faces felony charges regardless of how the gun was obtained.
- Illegal sale or transfer of a firearm: Selling or transferring a firearm without going through a licensed dealer, as required by California law, is a criminal offense.
- Possession of an illegal weapon: Certain weapons are prohibited outright in California, including assault weapons, short-barreled shotguns, undetectable firearms, and ghost guns.
Penalties for Gun Crimes
The penalties for firearms offenses in California vary widely depending on the specific charge and the circumstances involved:
- Misdemeanor firearms offenses can carry up to one year in county jail
- Felony firearms offenses can carry two, three, four, or more years in state prison
- Use of a firearm in the commission of another crime triggers mandatory sentence enhancements – 10 years if a gun is used, 20 years if it is fired, and 25-to-life if someone is seriously injured or killed
- A firearms conviction can result in a lifetime ban on owning or possessing guns
Federal Gun Charges
In addition to state charges, certain firearms offenses can be prosecuted at the federal level, including being a felon in possession of a firearm under 18 U.S.C. Section 922(g), which carries up to ten years in federal prison. Federal prosecutions are particularly serious because federal sentences must typically be served in full without the possibility of early release under state parole rules.
Building Your Defense
Gun crime cases often depend on whether law enforcement legally discovered the firearm in the first place. Attorney David A. Stein will conduct a thorough review of every step in the investigation and arrest, including:
- Whether the stop, search, or seizure that led to the discovery of the firearm was constitutionally valid
- Whether you were actually in possession of the firearm as defined under the law
- Whether you qualify for any exemption under California’s firearms laws
- Whether the firearm was actually illegal under applicable law
- Whether any witnesses or informants involved in the case have credibility issues
The consequences of a gun crime conviction in California are too serious to face without experienced legal representation. Attorney David A. Stein has successfully defended firearms charges throughout Orange County and Southern California and is ready to put that experience to work for you.
Call the Law Offices of David A. Stein at (949) 528-8057 today for a free consultation.