Under Penal Code 29800 (possession by prohibited persons) and  Penal Code 25400 (carrying a concealed firearm without a permit), unlawful possession of a firearm is a serious offense. This charge applies to individuals who are legally prohibited from owning or carrying firearms, including those with prior felony convictions, certain misdemeanor convictions, or active restraining orders. California enforces strict gun possession laws to protect public safety, and violations are prosecuted aggressively.

Unlawful possession can involve scenarios such as carrying a concealed handgun without a valid permit, owning a firearm after a felony conviction, or possessing a weapon while subject to a domestic violence restraining order. Even accidental violations, such as forgetting permit requirements, can result in criminal charges.

What Are the Penalties for Unlawful Firearm Possession?

• Felony Convictions: Up to 3 years in state prison and substantial fines.
• Misdemeanor Convictions: Up to 1 year in county jail and financial penalties.

Additional factors, such as being found with a firearm in restricted areas (e.g., schools or government buildings), can lead to enhanced penalties. Our gun crime lawyer can review your case, identify potential defenses, and fight to reduce or dismiss the charges against you.

Penal Code 417 prohibits drawing or exhibiting a firearm or other deadly weapon in a threatening, angry, or intimidating manner, except when acting in lawful self-defense or defense of others. This law is intended to prevent unnecessary escalation of conflicts and intimidation, even if the firearm is not discharged. Violations of this statute carry serious legal and personal consequences.

What the Prosecution Must Prove

To convict someone under Penal Code § 417, the prosecution must establish:

• Action: You drew or displayed a firearm or deadly weapon.
• Intent: The act was carried out in a manner considered threatening, angry, or rude.
• Absence of Justification: The act was not done in lawful self-defense or defense of others.

Examples of Brandishing a Firearm

• Exhibiting a firearm during a heated argument to intimidate someone.
• Displaying a weapon during a road rage incident without using it.

Penalties for Brandishing a Firearm

Penalties depend on the specifics of the incident, including the location and individuals involved:

• Misdemeanor Offense: Up to 1 year in county jail and monetary fines.
• Enhanced Penalties:
  • If the act occurs near a school or involves law enforcement, stricter sentencing may apply.
  • Escalation in public spaces or incidents involving vulnerable individuals can lead to harsher consequences.

Our gun crimes lawyer will carefully evaluate your case, examining the evidence and circumstances of the alleged offense. We will work to demonstrate that your actions were lawful or misinterpreted, or that the evidence against you is insufficient. Whether through negotiation or aggressive defense at trial, we are committed to achieving the best outcome for your case.

California’s “10-20-Life” law imposes severe penalties for individuals who use firearms while committing certain felonies. Codified under Penal Code § 12022.53, these sentencing enhancements are among the most stringent in the state, significantly increasing prison time based on how the firearm was utilized during the crime.

When Do Firearm Enhancements Apply?

Firearm use enhancements are triggered when a gun is involved in qualifying felonies such as robbery, carjacking, murder, or kidnapping. To apply these enhancements, the prosecution must demonstrate that the firearm was used in one of the following ways:

• Brandished: The weapon was displayed in a threatening or intimidating manner.
• Discharged: The firearm was fired during the commission of the crime.
• Caused Harm: The use of the weapon resulted in serious bodily injury or death.

Harsh Penalties for Firearm Use

Sentencing enhancements under this law add significant prison time to the penalties for the underlying felony:

• 10 years for brandishing a firearm.
• 20 years for discharging a firearm.
• 25 years to life if the use of the firearm causes great bodily harm or death.

Crafting a Defense Against Firearm Enhancements

Mounting a defense against firearm-related sentencing enhancements requires a thorough examination of the evidence and the circumstances surrounding the alleged crime. Defense strategies may include:

• Disputing Evidence: Challenging whether the firearm was connected to the defendant or the alleged crime.
• Questioning the Firearm’s Functionality: Demonstrating that the weapon was inoperable or incapable of causing harm.
• Refuting Intent: Arguing that the firearm was not used to further the felony or intimidate others.

Selling, transferring, or trafficking firearms without proper authorization is a serious offense under California Penal Code § 26500. This statute is designed to curtail the unregulated distribution of firearms and reduce the flow of illegal weapons in California.

What Constitutes an Illegal Firearm Transaction?

The law applies even if the firearm is not subsequently used in a crime, focusing solely on the illegality of the transaction itself. You may face charges for illegal firearm sales or transfers if you are accused of:

• Unlicensed Sales: Selling or transferring firearms without holding a valid dealer’s license.
• Unregulated Private Transactions: Facilitating private gun sales without following California’s legal requirements, such as conducting the transfer through a licensed dealer.
• Trafficking Across State Lines: Transporting firearms into or out of California without complying with state and federal regulations.

Penalties for Illegal Sale or Transfer

• Imprisonment: Up to 4 years in state prison.
• Fines: Monetary penalties that vary based on the severity of the offense.
• Additional Restrictions: Loss of the right to possess or sell firearms in the future.

Aggravating circumstances, such as transferring firearms to prohibited individuals (e.g., minors, felons, or individuals under a restraining order), can lead to enhanced penalties or additional charges. To defend against allegations of illegal firearm transactions, it is crucial to analyze the specific facts of your case and identify potential weaknesses in the prosecution’s argument. Possible defenses include:

• Proving Compliance: Demonstrating that the transaction was conducted legally and in accordance with California’s firearm laws.
• Challenging Intent: Arguing that there was no intent to violate the law, such as in cases of accidental or misunderstood transactions.
• Constitutional Violations: Exposing procedural errors or rights violations during the investigation, search, or arrest.