California Gun Charges: Common Offenses and Potential Defenses

California has very strict gun laws, so conduct that would be a minor offense in other states or actions that would be perfectly legal elsewhere have very serious consequences in California. It is important to take your defense seriously right from the start if you’ve been accused of a gun crime.

Part of the process is understanding common gun offenses and the defense strategies that may be used to prevent a conviction or reduce penalties. At Berkowitz Law, we believe in taking the time to ensure our clients understand the issues they face. If you schedule a confidential consultation with us, we can explain the charges and ramifications that could apply in your particular situation. For background, here are some of the most commonly charged firearms offenses in California, along with approaches to address them.

Frequent Gun Violations in California

The criminal laws pertaining to firearms are found in the California Penal Code, in the sections titled “Control of Deadly Weapons.” The state does not consider all guns to be a tool for hunting or self-defense, but instead as a dangerous, offensive weapon that must be strictly limited and controlled.

Carrying a Concealed Firearm

Section 25400 of the California Penal Code describes one of the most commonly-charged gun offenses in the state, carrying a concealed firearm. You can be found guilty of this offense if you carry a gun that is not clearly visible on your body, in a bag or container that you’re carrying, or in your car. If you hide a gun in a car, you could be found guilty even if you’re not present at the time the police find the gun. You can also be convicted for carrying a concealed gun that isn’t loaded or doesn’t work. While you cannot be convicted of this offense if you’re wearing a gun openly in a belt holster, you may be found in violation of other gun laws.

Carrying a concealed firearm can be penalized as a felony in some cases and as a misdemeanor in others. It is a felony if:

You’ve been convicted of a felony or certain other serious offenses in the past
The gun was stolen, and you should have known it was stolen
You are considered to be an “active participant” in a gang
You don’t have lawful possession of the gun

In addition, if you have a previous conviction and the weapon is loaded, prosecutors have the discretion to charge it as a more serious offense.

Carrying a Loaded Firearm in Public

If you are openly wearing a gun in a holster or otherwise making no attempt to conceal it, you can be charged with violating Section 25850 of the California Penal Code if the weapon is loaded. The offense applies when you are carrying a gun on your body (including in a bag) or in your vehicle when you or the vehicle is in a “public place” or public street. If you are out in public with a gun, police have the right to inspect it to see if it’s loaded. If you refuse, the law gives the officers probable cause to arrest you.

This offense is punishable in a manner similar to carrying a concealed weapon. Your past actions can make the crime a felony, but if you have the gun lawfully, then the crime could be treated as a misdemeanor. It is important to work with a defense attorney who understands how to effectively present all the arguments in your favor.

Brandishing a Weapon

If you draw or show any kind of deadly weapon, including a gun, in a way that is “rude, angry, or threatening,” you can be found guilty of brandishing a weapon in violation of Section 417 of the California Penal Code. You can also be convicted of violating this statute if you use a gun in a fight, regardless of whether it is loaded.

Generally, this offense is penalized as a misdemeanor with a minimum sentence of three months imprisonment in the county jail. Penalties can be more severe if the offense occurs in public, in the presence of a police officer, on the grounds of a daycare center, or in other situations.

Other Frequently-Charged Offenses

The above are only a few of the gun charges that attorneys commonly defend. Others include:

Possession, purchase, receipt, or control of a firearm by someone convicted of a felony (Section 29800)
Possession of an assault weapon (Section 30605)
Possession of a firearm in prohibited locations such as schools or government buildings (various statutes)
Negligent discharge of a firearm (Section 246.3)

Any criminal charge involving a firearm can have serious consequences, so it is important to defend against it with an effective strategy.

Potential Defenses to Gun Charges

Many statutes defining gun offenses also include defenses that may apply. For instance, if someone is charged with carrying a concealed firearm, a defense attorney can fight the charge by showing that the gun was being transported in compliance with statutory exemptions or that the person charged was authorized to carry a concealed firearm.

In other situations, a defense attorney may be able to successfully argue that the gun was carried, displayed, or used in self-defense or in defense of others. For possession offenses when a gun is found in a vehicle or other location, a defense lawyer may be able to show that the person charged had no knowledge of the firearm or that the person charged lacked dominion and control over it.

Other defense options include proving that charges were brought based on false accusations or mistaken identification. If evidence of a firearm was obtained through a search that was arguably in violation of the Fourth Amendment, that also might prove grounds for a solid defense.

There are No Minor Gun Offenses

Even the least serious firearms violations can carry mandatory sentences and other penalties that can interfere with your life substantially. Possession or use of a firearm in connection with any other offense can dramatically increase penalties. Even if you think you have a solid explanation, it can be difficult to ensure that your message is taken seriously unless you have experience presenting your arguments in criminal court.

That’s where we come in. At Berkowitz Law, we have extensive experience defending against a wide range of gun offenses and know how to pursue the most advantageous outcome in every case. We urge you to contact us to discuss the ways we can defend your rights and your future if you’ve been charged with a gun offense.