What Are Weapons Charges in California?
California has some of the strictest firearms and weapons laws in the United States. From carrying a concealed weapon without a permit to possessing a firearm as a convicted felon, the state aggressively prosecutes weapons offenses — and the penalties are severe. Many weapons charges are felonies that carry state prison time, count as strikes under the Three Strikes law, and permanently affect your right to possess firearms.
If you are facing weapons charges in San Jose, Oakland, Fremont, Hayward, or anywhere in Alameda County or Santa Clara County, the criminal defense attorneys at RV Litigation Group PC are ready to fight for you. We understand California's complex web of firearms statutes and know how to build defenses that protect your rights and your future.
Weapons charges in California encompass far more than just firearms. The Penal Code criminalizes the possession, sale, and use of a wide range of weapons including switchblades, brass knuckles, nunchucks, tasers (in certain circumstances), and short-barreled rifles and shotguns. However, firearm-related offenses make up the vast majority of weapons cases prosecuted in the Bay Area, and these charges carry the most significant consequences.
Many weapons charges are wobbler offenses, meaning the prosecutor can file them as either a misdemeanor or a felony depending on the circumstances. Factors that influence the charging decision include your criminal history, whether the weapon was loaded, whether it was used in connection with another crime, and where the offense occurred. Understanding the specific statute you are charged under — and the elements the prosecution must prove — is critical to building an effective defense.
What the Law Says
Penal Code 25400 — Carrying a Concealed Firearm
"A person is guilty of carrying a concealed firearm when the person does any of the following: (1) Carries concealed within any vehicle that is under the person's control or direction any pistol, revolver, or other firearm capable of being concealed upon the person. (2) Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person. (3) Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person." — California Penal Code Section 25400(a)
Carrying a concealed firearm without a valid CCW permit is a wobbler offense in California. As a misdemeanor, it carries up to one year in county jail. As a felony — which is more likely if the firearm is loaded, if you have prior convictions, or if the firearm is stolen — it carries up to three years in state prison. The statute applies to any firearm "capable of being concealed upon the person," which generally means handguns and similar weapons with barrels shorter than a specified length.
Penal Code 29800 — Felon in Possession of a Firearm
"Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country... who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony." — California Penal Code Section 29800(a)(1)
PC 29800 makes it a straight felony for anyone with a prior felony conviction to possess a firearm. The penalty is 16 months, two years, or three years in state prison. The statute also applies to individuals convicted of certain misdemeanors — including domestic violence offenses — and to those who are addicted to narcotics. Importantly, the prosecution does not need to prove that you knew your possession was illegal; it only needs to prove that you knew you possessed the firearm and that you had a qualifying prior conviction.
Penal Code 30605 — Possession of an Assault Weapon
Possession of an assault weapon — as defined by California's expansive list of banned firearms — is a wobbler offense under PC 30605. As a felony, it carries four, six, or eight years in state prison. California's definition of "assault weapon" is broader than the federal definition and includes many semi-automatic rifles and pistols that are legal in other states. This charge frequently arises when individuals bring firearms legally purchased in other states into California without realizing they are classified as assault weapons under California law.
Real-World Examples
These scenarios illustrate how weapons charges commonly arise in the Bay Area:
A driver in San Jose is pulled over for a broken taillight. During the stop, the officer notices the handle of a handgun protruding from under the driver's seat. The driver does not have a CCW permit. He is arrested and charged with carrying a concealed firearm under PC 25400. Because the weapon is loaded, the charge is filed as a felony.
A man in Oakland with a prior felony conviction for burglary is found with a handgun during a probation search. Even though the firearm belongs to his roommate and he claims he never touched it, the prosecution charges him under PC 29800 because the gun was in a common area he had access to and control over. He faces up to three years in state prison.
A Fremont resident who recently moved from Texas brings his AR-15 style rifle to California. The rifle was legal in Texas but is classified as an assault weapon under California law because of its features. When police discover the weapon during an unrelated welfare check, he is charged under PC 30605, facing up to eight years in state prison as a felony.
A woman in Hayward discovers a loaded handgun left behind by a guest at her apartment. She picks it up and places it in a drawer, intending to turn it in to police the next morning. Before she can do so, officers arrive on an unrelated noise complaint and find the weapon. Her attorney argues temporary possession for the purpose of disposal, a recognized legal defense that can result in dismissal of the charges.
Penalties
Weapons charge penalties vary significantly depending on the specific statute, whether the offense is charged as a misdemeanor or felony, and any aggravating circumstances.
| Charge | Classification | Jail / Prison | Fine |
|---|---|---|---|
| Concealed Firearm (PC 25400) | Wobbler | Up to 1 year (misd.) / up to 3 years (felony) | Up to $1,000 / $10,000 |
| Felon w/ Firearm (PC 29800) | Felony | 16 months, 2, or 3 years state prison | Up to $10,000 |
| Assault Weapon (PC 30605) | Wobbler | Up to 1 year (misd.) / 4, 6, or 8 years (felony) | Up to $10,000 |
| Loaded Firearm in Public (PC 25850) | Wobbler | Up to 1 year (misd.) / up to 3 years (felony) | Up to $1,000 / $10,000 |
| Supplying Firearm to Prohibited Person (PC 26100) | Felony | 3, 5, or 7 years state prison | Up to $10,000 |
| Large-Capacity Magazine (PC 32310) | Wobbler | Up to 1 year (misd.) / up to 3 years (felony) | Up to $1,000 / $10,000 |
Additional consequences: Many weapons convictions qualify as strike offenses under California's Three Strikes law, meaning a second strike doubles the prison sentence and a third strike can result in 25 years to life. A weapons conviction also triggers a lifetime firearms ban under both state and federal law. Beyond incarceration, these charges can devastate your employment prospects, professional licensing, immigration status, and housing eligibility. For non-citizens, many weapons offenses are classified as aggravated felonies under federal immigration law, making deportation virtually mandatory.
Legal Defenses
Weapons charges are serious, but they are defensible. Our attorneys examine every aspect of the case — from the initial stop or search to the forensic evidence — to build the strongest possible defense. Here are the strategies we most commonly employ:
1. Unlawful Search and Seizure
The Fourth Amendment protects you from unreasonable searches. Many weapons charges stem from traffic stops, pat-downs, home searches, or probation searches that exceed their legal authority. If police discovered the weapon through an illegal search — without a valid warrant, without probable cause, or by exceeding the scope of a consent search — we file a motion to suppress the evidence. If the weapon is suppressed, the charges are typically dismissed.
2. Lack of Knowledge
The prosecution must prove that you knew you possessed the weapon. If a firearm was hidden in a vehicle you borrowed, left in a bag by someone else, or stored in a shared living space without your knowledge, the element of knowledge may be lacking. We investigate the circumstances of the discovery and present evidence that you had no awareness of the weapon's presence.
3. Temporary Possession
California courts recognize the defense of temporary or transitory possession — when a person briefly possesses a weapon for the purpose of disposing of it, turning it in to police, or preventing harm. This defense applies when you came into possession of the weapon innocently and took steps to lawfully dispose of it within a reasonable time. We document your intent and actions to establish this defense.
4. Self-Defense / Justification
In rare circumstances, possessing or using a weapon may be justified by an imminent threat to your life or safety. If you armed yourself in response to an immediate danger — for example, picking up a weapon to defend against an armed intruder — the justification defense may apply. This defense is fact-specific and requires demonstrating that no reasonable alternative was available.
5. Not a Firearm or Prohibited Weapon
The prosecution must prove that the object in question actually qualifies as a firearm or prohibited weapon under the specific statute charged. Replica firearms, BB guns, airsoft guns, and antique firearms may not meet the statutory definition. We challenge the forensic classification and, where appropriate, retain experts to examine the item and testify that it does not fall within the statute's scope.
6. Right to Possess
Not everyone with a prior conviction is barred from possessing firearms. If your prior offense has been expunged, reduced to a misdemeanor under PC 17(b), or does not fall within the categories that trigger a firearms prohibition, you may have a valid defense to a felon-in-possession charge. We review your criminal history in detail to determine whether the prohibition actually applies to you.
Frequently Asked Questions
No. California prohibits the open carry of both loaded and unloaded firearms in most public places. Open carry of loaded firearms is banned under Penal Code 25850, and open carry of unloaded firearms is prohibited under PC 26350. There are limited exceptions for hunting, target shooting, and certain rural areas.
You must apply through your county sheriff or local police chief. The application process includes a background check, firearms training course, psychological evaluation, and demonstration of good cause. Following the Supreme Court's Bruen decision, California revised its CCW requirements, but the process remains rigorous and permits can still be denied based on specific disqualifying factors.
Firearms purchased at gun shows in California must go through the same process as any other firearm purchase — including a background check through a licensed dealer, a 10-day waiting period, and compliance with all state registration requirements. Private party transfers must also go through a licensed dealer. Violating these requirements can result in criminal charges.
In some cases, yes. If your felony conviction is eligible for reduction to a misdemeanor under PC 17(b) — meaning it was a wobbler offense — the reduction may restore your firearm rights under California law. However, certain felonies permanently prohibit firearm possession regardless of expungement or reduction. Federal law also independently bars felons from possessing firearms.
California has some of the strictest gun laws in the nation, often going beyond federal requirements. Federal law prohibits felons, domestic violence offenders, and certain other individuals from possessing firearms. California adds restrictions on assault weapons, large-capacity magazines, and carrying concealed weapons. A single act can violate both state and federal law, resulting in prosecution in either or both systems.
