Facing a Juvenile Gun Charge in California? Here’s What Happens When a Minor Is Caught with a Firearm

If you’re trying to understand what happens if a minor is caught with a gun in California, you’re not alone—and you’re right to be concerned. These situations are serious, and without immediate legal guidance, the consequences can impact your child’s future for years to come.

Under Penal Code 29610, California law strictly prohibits anyone under 18 from possessing handguns, semi-automatic centerfire rifles, and, as of 2023, virtually any type of firearm. Even for a first offense, prosecutors in Los Angeles often move quickly—and aggressively—against minors accused of unlawful possession.

But being charged doesn’t mean your child is out of options. With the right legal strategy, it’s often possible to reduce the charge, resolve the case through diversion, or avoid a conviction altogether.

A Los Angeles criminal defense attorney experienced in juvenile gun cases can make all the difference. From the moment you contact our office, we’ll begin protecting your child’s rights, challenging the evidence, and working toward the best possible outcome.

What You Need to Know About Juvenile Gun Possession in California

When a minor is caught with a firearm—whether during a traffic stop, at school, or in connection with another incident—law enforcement treats it as a serious offense. Even for first-time offenders, these cases are rarely dismissed outright. In most situations, the case will be referred to juvenile delinquency court. However, if the firearm was loaded, used in a crime, or linked to gang activity, the prosecution may push to have the minor tried as an adult.

A conviction—or even just an admission of guilt—can lead to major consequences, including:

• Formal or informal probation

• Time in a juvenile detention facility

• Long-term bans on firearm ownership

• Immigration consequences (for non-citizens)

• Barriers to education, jobs, and professional licenses

Juvenile gun possession is also a “wobbler” offense under California law—meaning it can be charged as either a misdemeanor or a felony depending on the circumstances. Knowing what happens if a minor is caught with a gun in California can help parents act quickly and make informed decisions before the case escalates.

Legal Process After a Minor Is Caught with a Gun in Los Angeles

For families asking what happens if a minor is caught with a gun, it’s important to understand how the juvenile justice system processes these charges.

1. Referral to Juvenile Probation or Intake

After the arrest, the case is referred to juvenile probation for an initial review. If the offense is minor and the child has no prior record, probation may recommend a pre-filing diversion program. This can allow the case to be resolved without formal charges, provided certain conditions are met.

2. Filing of a Petition in Juvenile Court

If diversion isn’t offered, the District Attorney may file a petition in juvenile court. This is the juvenile equivalent of a criminal charge. The case will proceed before a judge (there are no juries in juvenile court), and the court will determine whether the charge is sustained.

3. Detention Hearing (If the Minor Is Held in Custody)

If the child is taken to juvenile hall, a detention hearing must occur within 72 hours. The judge will decide whether the minor can be released to a parent or guardian, or whether continued detention is necessary. Factors considered include the seriousness of the charge, prior history, and community safety.

4. Adjudication and Negotiation

At this stage, your defense attorney can negotiate for a dismissal, reduced charge, or diversion program. If the case proceeds to adjudication (trial), the attorney can challenge the prosecution’s evidence, raise legal defenses (such as lack of possession or illegal search), and advocate for an outcome that avoids a lasting record.

How Our Firm Helps Minors and Families Facing Gun Charges

Early Intervention with Prosecutors and Juvenile Probation

We engage with the District Attorney’s office and juvenile probation officers as early as possible—often before charges are formally filed. By presenting mitigating factors, background information, and character evidence early, we can advocate for informal supervision or pre-filing diversion programs that resolve the case without court.

Fighting for Diversion or Informal Supervision

When your child is eligible, we push for diversion or informal probation. These alternatives keep the case out of court or resolve it without a sustained petition, allowing your child to avoid a criminal record altogether. We help gather the documentation and background needed to qualify and argue persuasively for this outcome.

Challenging Illegal Searches and Rights Violations

Many firearm possession cases hinge on how the weapon was discovered. If law enforcement conducted an unlawful search—such as searching a backpack without cause or coercing a confession—we file suppression motions to have that evidence excluded. Without key evidence, the case may be dismissed or drastically reduced.

Negotiating Charge Reductions and Favorable Resolutions

When dismissal isn’t possible, we work to reduce the charge from a felony to a misdemeanor, or from a sustained petition to informal supervision. We negotiate directly with prosecutors to minimize the penalties and long-term impact on your child’s education, immigration status, or future job prospects.

Keeping the Case in Juvenile Court

In serious cases, the state may try to move the case to adult court, where penalties are harsher and a criminal record is permanent. We fight to keep the case in juvenile jurisdiction—where the focus remains on rehabilitation rather than punishment—by presenting legal arguments and supporting evidence to the judge.

Guiding Families Through the Entire Process

We explain every stage of the case—from detention hearings to adjudication—so you’re never in the dark. Your family will have direct access to an experienced defense attorney who answers your questions, prepares your child for court, and stands with you at every appearance.

What to Do Right Now If Your Child Was Caught with a Gun

If your child has been detained, questioned, or arrested for possessing a firearm, it’s essential to act immediately. What you do—or don’t do—in the first 24 to 48 hours can significantly impact the direction of the case.

Here’s what to do now:

• Do not allow your child to speak to police, school officials, or probation officers without legal counsel. Even well-meaning answers can be misunderstood or used against them. Politely decline any questioning until your attorney is present.

• Secure any documents that may help the defense. This includes hunting licenses, safety course registration, written parental permission, or anything showing lawful or supervised firearm use.

• Contact our firm immediately. Early intervention allows our attorney to engage with juvenile authorities before charges are formally filed—opening the door to diversion or dismissal before the case escalates.

The earlier we’re involved, the more control we have over how the case unfolds. Don’t wait for a court date or formal filing—your child’s future deserves proactive, experienced legal protection from the start.

Arrested for Gun Possession as a Minor in Los Angeles? Get Legal Help Today

A gun charge doesn’t have to derail your child’s future—but waiting to act can make the situation worse. Juvenile firearm possession is prosecuted aggressively in Los Angeles, and prosecutors rarely go easy, even for first-time offenders. Whether your child was caught with a handgun, rifle, or any other firearm, early legal representation is critical to protecting their future.

Attorney Hashemi brings over 20 years of experience to juvenile defense cases involving weapons. We move quickly to evaluate how the firearm was found, determine whether your child qualifies for diversion, and challenge any constitutional violations that may affect the outcome of the case. Our goal is simple: to resolve the matter without a conviction, a permanent record, or long-term consequences.

Parents often contact us asking what happens if a minor is caught with a gun in California—and the truth is, the outcome often depends on how quickly you act. Let us help you take control of the situation now—not after charges are filed or mistakes are made.

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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.