What is Weapons Crime Defense in California?
California has some of the most restrictive firearms laws in the United States, codified primarily in Penal Code §§16000–34370. Common weapons offenses include felon in possession of a firearm (PC §29800), carrying a concealed weapon without a permit (PC §25400), carrying a loaded firearm in public (PC §25850), and possession of an assault weapon (PC §30605). Many weapons crimes are ‘wobblers,’ and several trigger sentencing enhancements when a firearm is used in another crime (PC §12022.5, §12022.53).
Morris Law PC, A Criminal Defense Firm, represents clients facing these charges across Alameda County and the greater Bay Area. With offices in Oakland and Berkeley, our team brings courtroom-tested defense to every stage of the case — from arrest and arraignment through trial, sentencing, and post-conviction relief.
Charges & Penalties Under California Law
- Felon in Possession of a Firearm (PC §29800). Felony: 16 months, 2, or 3 years state prison.
- Carrying a Concealed Weapon (PC §25400). Wobbler: misdemeanor up to 1 year; felony up to 3 years (loaded + felony prior, or stolen).
- Carrying a Loaded Firearm in Public (PC §25850). Misdemeanor up to 1 year; felony if prohibited person or gang affiliation.
- Possession of an Assault Weapon (PC §30605). Wobbler: misdemeanor up to 1 year; felony 16 months to 3 years.
- Brandishing a Weapon (PC §417). Misdemeanor: 30 days to 1 year county jail; firearm brandishing in front of peace officer is felony.
- Assault with a Firearm (PC §245(a)(2)). Felony: 2, 3, or 4 years state prison; strike offense.
- Shooting at an Inhabited Dwelling (PC §246). Felony: 3, 5, or 7 years state prison; strike offense.
- Firearm Enhancement (PC §12022.53). Personal use of firearm: +10 years; discharge: +20 years; discharge causing GBI/death: 25-to-life.
- Possession by a Prohibited Person (PC §29805). 10-year ban for misdemeanor DV, certain assault convictions, restraining orders — violations are misdemeanors or felonies.
- Ghost Gun / Unserialized Firearm (PC §29180). Misdemeanor — California now requires serialization of self-made firearms.
Defenses Our California Lawyers Use
- Fourth Amendment search challenges. Firearms found during illegal traffic stops, warrantless searches, or invalid stop-and-frisks must be suppressed under PC §1538.5.
- Constructive vs. actual possession. A gun in a shared vehicle, in another person’s bag, or in a home shared with others may not be ‘possessed’ by the defendant. The prosecution must prove knowledge and control.
- Momentary possession defense. Under People v. Hurtado, possession to dispose of or hand over to police can be a defense.
- Antique and curio exception (PC §16170). Firearms manufactured before 1899, and certain curios, are exempt from felon-in-possession bans.
- Self-defense and lawful purpose. Brandishing or threats with a weapon may be lawful under PC §198 (defense of life/home).
- Striking firearm enhancements. Under SB 620 (2017), courts now have discretion to strike firearm enhancements (PC §12022.5, §12022.53) in the interest of justice — a major sentencing-mitigation tool.
- Federal Bruen challenges. Following NYSRPA v. Bruen (2022), the constitutionality of several California gun statutes is under active litigation. We track and raise pending challenges where applicable.
- Prop 47 reduction. Certain weapons convictions arising from non-violent conduct may be reducible after completion of sentence.
Where We Defend These Cases
Morris Law PC operates from two East Bay locations. Each office leads the firm-wide defense effort for clients in its surrounding communities — and our team works as a single firm regardless of which office you walk into first.
Oakland Office — Lead Office for Alameda County
1300 Clay St, Suite 600
Oakland, CA 94612
Phone: (510) 824-8831
The Oakland office is one block from the Wiley W. Manuel Courthouse (661 Washington Street) and a short walk from the René C. Davidson Courthouse (1225 Fallon Street), where most Alameda County felony cases are heard. See Oakland weapons crime defense services →
Berkeley Office
2001 Addison St, Suite 300
Berkeley, CA 94704
Phone: (510) 350-3225
The Berkeley office serves clients facing charges in Berkeley, Albany, Emeryville, El Cerrito, and across northern Alameda County, as well as UC Berkeley students and faculty. See Berkeley weapons crime defense services →
Frequently Asked Questions
Can I have a gun in my home if I am a convicted felon in California?
No. Penal Code §29800 makes it a felony for any person convicted of a felony — anywhere — to own, possess, or have custody or control of any firearm or ammunition. The ban is lifetime under California law. Restoration requires a Certificate of Rehabilitation, a Governor’s Pardon, or in narrow cases a federal pardon.
Is concealed carry without a permit always a felony in California?
No. PC §25400 is a wobbler. It is a misdemeanor by default. It becomes a straight felony if (1) you have a prior felony, (2) the firearm is stolen, (3) you are an active gang member, or (4) you are prohibited from possessing firearms. Otherwise prosecutors charge it as a misdemeanor (up to 1 year jail).
What is California’s 10-20-Life firearm enhancement?
PC §12022.53 adds mandatory time when a firearm is used in certain enumerated felonies: +10 years for personal use, +20 years for discharge, and 25-to-life for discharge causing great bodily injury or death. Since SB 620 (2018), judges may strike these enhancements in the interest of justice.
Can a misdemeanor domestic violence conviction take away my gun rights?
Yes — for life under federal law (18 U.S.C. §922(g)(9), the Lautenberg Amendment) and for 10 years under California law (PC §29805). Even after the California ban expires, the federal ban remains. This is one of the strongest reasons to fight a DV charge rather than accept a plea.
Are ‘ghost guns’ illegal in California?
Self-made firearms are legal to own, but since July 2018 they must be serialized through the California Department of Justice (PC §29180). Possessing an unserialized firearm manufactured after that date — or buying unserialized 80% lower receivers — is now a misdemeanor under recent legislation.
Speak With a California Defense Lawyer Today
Every case is different — and every hour you wait can narrow your options. Call (510) 330-0814 for a free, confidential consultation with a Morris Law PC defense lawyer. Available 24/7, including evenings and weekends.