Morris Law is an Oakland criminal defense law firm. Call (510) 824-8831 for a free case review of your weapons charges case. Weapons Charges in California is governed by California Penal Code §§25400, 25850, 29800 (firearm offenses); §30605 (assault weapons). Our office at 2744 E 11th St, Oakland is in East Oakland, about 2 miles from the Alameda County courthouses in Downtown Oakland — where every Oakland case is heard. Seth Morris spent years in those courthouses as a Deputy Public Defender.

What is weapons charges under California law?

Oakland Weapons Crime Lawyer — Morris Law

California has some of the most restrictive firearm laws in the United States, codified in Penal Code §§16000–34370. Common weapons offenses include felon in possession (PC §29800), carrying a concealed weapon without a permit (PC §25400), carrying a loaded firearm in public (PC §25850), assault weapons possession (PC §30605), and brandishing (PC §417). Firearm enhancements under PC §12022.5 and §12022.53 add substantial time to underlying felonies.

Penalties for weapons charges in California

Penalties vary sharply by specific statute, degree, and prior record. Here are the primary ranges we see in Oakland and Alameda County cases:

  • Felon in possession (PC §29800): felony 16 months, 2, or 3 years state prison
  • Concealed carry (PC §25400): wobbler up to 3 years (felony if prior felony or stolen)
  • Loaded firearm in public (PC §25850): misdemeanor up to 1 year; felony if prohibited person
  • Assault weapon (PC §30605): wobbler up to 3 years state prison
  • Brandishing (PC §417): misdemeanor 30 days to 1 year; felony if in front of peace officer
  • Assault with a firearm (PC §245(a)(2)): felony 2, 3, or 4 years state prison; strike
  • Shooting at inhabited dwelling (PC §246): felony 3, 5, or 7 years; strike
  • Firearm enhancement (PC §12022.53): +10 years personal use, +20 discharge, 25-life for GBI or death

Collateral consequences — professional licensing, immigration status, firearm rights, and future employment — often exceed the direct sentence.

How Morris Law defends weapons charges cases in Oakland

Every case is different, but the defense strategies below produce the most dismissals, reductions, and acquittals:

  • Fourth Amendment suppression under PC §1538.5 — firearms found during illegal stops, warrantless searches, or stop-and-frisks must be excluded.
  • Constructive vs. actual possession — a gun in a shared vehicle, in another person’s bag, or in a shared home may not be ‘possessed’ by the defendant.
  • Momentary possession defense under People v. Hurtado.
  • Antique and curio exception (PC §16170) — firearms manufactured before 1899 and certain curios are exempt.
  • SB 620 relief — since 2018, courts have discretion to strike PC §12022.5 and §12022.53 firearm enhancements in the interest of justice.
  • Bruen constitutional challenges — following NYSRPA v. Bruen (2022), certain gun statutes have been challenged.
  • Ghost gun defense — self-made firearms are legal to own but must be serialized (PC §29180).

What to do if you are arrested for weapons charges in Oakland

Most Oakland arrests are made by the Oakland Police Department (OPD). BART Police handle transit arrests. CHP handles freeway enforcement. Alameda County Sheriff handles unincorporated areas. Take these steps:

  1. Invoke your right to counsel. Under Miranda v. Arizona, you must clearly say you want a lawyer, then stop talking.
  2. Do not consent to a search. Officers need a warrant, probable cause, or your consent. Refuse politely.
  3. Call Morris Law at (510) 824-8831. We answer 24 hours a day.
  4. Preserve evidence. Photograph injuries or damage. Note officers’ names, badge numbers, and witnesses.
  5. Stay off social media and jail phones. Both are recorded and admissible.
  6. Write down your account for your attorney. Record events while fresh.

Why Oakland residents choose Morris Law for weapons charges defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. What we bring to every case:

  • Seth Morris was a Deputy Public Defender in Alameda County. He defended clients at the Wiley W. Manuel and René C. Davidson courthouses regularly.
  • More than 25 jury trials, including life-in-prison exposure cases.
  • Federal recognition on police body cameras and 4th Amendment. President Obama’s Task Force on 21st Century Policing contributor.
  • Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC, NBC Bay Area, KQED, KALW.
  • Oakland office at 2744 E 11th St — East Oakland, about 2 miles from the courthouses.
  • 24/7 phone access at (510) 824-8831.
  • Clear, plain-language updates.

Seth Morris is a member of the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and the Alameda County Bar Association.

How weapons charges cases move through Alameda County

Stage Where Timing
Arrest Oakland — often by OPD Day 0
Booking Glenn E. Dyer or Santa Rita Jail Day 0–1
Arraignment Wiley W. Manuel or René C. Davidson Within 48 hours in custody
Preliminary hearing (felony) René C. Davidson Courthouse Within 10 court days in custody
Trial Wiley W. Manuel or René C. Davidson Within 60 days if not waived

Weapons Charges defense in Oakland — Frequently Asked Questions

Can an Oakland felon possess a firearm at home?

No. Penal Code §29800 makes it a lifetime felony for anyone convicted of a felony — anywhere — to own, possess, or have custody or control of any firearm or ammunition.

Is Oakland concealed carry without a permit always a felony?

No. PC §25400 is a wobbler and typically a misdemeanor. It becomes a straight felony only 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.

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 for discharge, 25-to-life for discharge causing GBI or death. SB 620 (2018) gives judges discretion to strike these enhancements.

Where do Oakland criminal cases go to court?

Oakland cases go to Alameda County Superior Court. Misdemeanors and traffic go to the Wiley W. Manuel Courthouse (661 Washington St). Felonies go to the René C. Davidson Courthouse (1225 Fallon St). Our attorneys appear at both regularly.

Who is Seth Morris?

Seth Morris founded Morris Law in 2021. He earned his JD at UC Berkeley School of Law in 2006, served as a Deputy Public Defender in Alameda County, and has tried more than 25 jury trials — including cases with life-in-prison exposure. He helped develop the national Body Camera Toolkit for President Obama’s Task Force on 21st Century Policing.

How quickly can I meet with an Oakland criminal defense lawyer?

Same day, in most cases. Attorneys are reachable 24 hours a day at (510) 824-8831. If a family member has been booked at Glenn E. Dyer Detention Facility or Santa Rita Jail, we can arrange contact within hours.

Get a free weapons charges case review

Talk to an Oakland criminal defense lawyer today. Call (510) 824-8831 or fill out our online form. Free case review. 24-hour phone. Oakland office at 2744 E 11th St.

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Specific weapons crime charges we defend in Oakland

Each link opens a page written for that specific charge — with the exact statute, penalties, defenses, and case examples.

Related pages

Official government resources