California Gun Laws are complicated. Firearm charges in Los Angeles are frightening and distressing and have life-altering consequences. A gun offense attracts grievous penalties, for instance, pay hefty fines, serving jail terms, or getting sentenced to prison. You could also lose your right to own or possess a gun.

If you have been charged with a firearm offense, you need a highly experienced and reliable criminal defense attorney to represent you. We at The LA Criminal Defense Law Firm can help you build a robust defense strategy. Get in touch with us for a free, no-obligation consultation. In this article, you learn about various gun offenses in California. Read along!

Selling, Leasing, or Transferring a Firearm Without License

In California, it is a criminal offense to sell, lease, or transfer a firearm without a license. The offense is highlighted under PC 26500. California PC 26500 is a misdemeanor. Upon conviction, you could face a county jail term of up to one year or pay a maximum fine of $1,000.

PC 26700 lists the requirements one must fulfill for them to be a licensed firearm dealer. These requirements include:

  • Having a valid Federal firearm license

  • Having a business or regulatory license as stipulated by the local government

  • Being issued a valid seller’s permit by the California State Board of Equalization

  • Being issued a Certificate of Eligibility by the California Department of Justice

You cannot be a certified or licensed firearm dealer if you do not meet these requirements. If you get arrested for selling, transferring, or leasing a gun before obtaining a license, you are charged under PC 26500.

Take note the prosecutor is not required to prove that you sold, transferred, or leased the firearm for you to be convicted. An attempt to sell, lease, or transfer a gun is enough for the court to convict you. The crucial element that the prosecution must prove is that you had an intent to sell, lease, or transfer a gun. If the prosecutor fails to prove your intent, the judge could dismiss or lower your charges.

Felon with a Firearm

According to PC 29800, the following individuals should not own or acquire guns:

  • Hard drug addicts

  • Convicts of certain misdemeanors

  • Convicted felons

Also, federal law prohibits these individuals from gun ownership:

  • Criminal justice system fugitives

  • Any person under indictment in a state or federal court for an offense that has a penalty of at least one-year imprisonment term

  • Any person under court orders for a criminal offense involving stalking

  • Any person whom the military has discharged due to dishonorable behavior

  • Any person who has renounced his/her citizenship

  • Illegal aliens

If you are a member of any of the groups listed above and receive, possess, own, or purchase a firearm, you could face charges for a gun offense. Upon conviction, you could lose your gun rights for at least ten years. If you are below 18 years old during your conviction, you cannot acquire a firearm until you reach 30.

For the prosecutor to prove this crime, he/she must demonstrate that:

  • You fall within the groups mentioned above

  • You had specific intent to acquire a firearm

  • You attempted to acquire or acquired a gun

If the prosecution fails to prove any of these elements beyond a reasonable doubt, you could be acquitted, or have your charges lowered.

Carrying a Concealed Gun

Penal Code 25400 defines the criminal offense of carrying a concealed gun. According to PC 25400, it is unlawful to conceal a firearm inside your vehicle or on you. To be convicted under PC 25400, the prosecutor must prove that you knew you were carrying a concealed gun. For instance, if you accidentally leave your weapon under your car seat, the court will not convict you. Additionally, the prosecution must demonstrate that the firearm was loaded, and you either carried it personally or hid it inside your vehicle.

California PC 25400 does not cover firearms that are non-concealable, including shotguns and rifles. However, these non-concealable firearms should not be carried while loaded. The criminal offense of carrying a concealed gun is a misdemeanor. Upon conviction, you will serve a one-year jail term or pay a fine of up to $1,000.

Sometimes, the California Department of Prosecution may charge this offense as a felony if:

  • You don't lawfully own the firearm

  • You have ever been convicted of a felony or a firearm offense

  • You are not legally permitted to own, acquire, purchase, or possess a firearm

  • You are an active participant in a criminal street gang

  • The firearm was stolen, and you knew or had reasonable cause to believe that it was stolen

A conviction for carrying a concealed gun carries a state prison sentence of 16 months, two years, or three years, or a fine of up to $10,000. Additionally, the prosecutor has the discretion to charge this offense as a felony or a misdemeanor in these two situations:

  • You have ever been convicted of a misdemeanor involving dangerous drugs or narcotics

  • The firearm was loaded, or the ammunition was readily accessible, and you were not its lawful owner

In these two situations, this offense is a wobbler. If charged as a misdemeanor, you may serve a county jail term of up to one year, or pay a fine not exceeding $1,000 upon conviction. On the other hand, if charged as a felony, you may face an imprisonment term of 16 months, two years, or three years, or you may pay a fine of up to $10,000 after conviction.

Also, if previously convicted of a felony or another firearm offense, the judge could lengthen your sentence by a minimum of three months. Your sentence could be extended by 3 – 6 months if you have a previous conviction for assault with a deadly weapon, brandishing a gun, or shooting at an occupied car or house. Moreover, like any other gun offense, a conviction under PC 25400 could make you lose your gun rights.

Carrying a Loaded Gun in Public

Per PC 25850 states it is unlawful to carry a loaded gun in public. Also, PC 25850 criminalizes carrying a loaded gun inside a car. For you to be convicted of this offense, the prosecutor must prove that the gun was loaded. California courts will consider a firearm loaded if any shell or unexpended cartridge was attached to it, including on a clip, in the magazine, or inside the firing chamber.

Although it may appear to be unjust or illogical, a prosecutor may charge you under PC 25850 even if the gun was inoperable. Also, note that California doesn’t have any ‘open carry’ law. The term ‘open carry’ means carrying firearms openly. It contradicts with carrying concealed firearms. It is unlawful to openly carry a gun in public, whether or not it is loaded unless the state has permitted you.

The prosecutor must also demonstrate to the court that you knew you were carrying a firearm. If you can prove that you did not know that you were carrying a gun, the jury will acquit you, or dismiss the case.

The penalties for carrying a loaded gun in public are similar to that for carrying a concealed gun. If your firearm was both concealed and loaded, you could receive two counts of charges under PCs 25850 and 25400. You cannot be charged under these statutes if you hold a valid permit to carry a gun.

Possessing Guns at Specific Places

California law criminalizes possessing guns at specific places, including:

  • School grounds

  • University grounds

  • Government buildings, such as the State Capitol or Legislative Offices

  • The Governor’s Mansion

  • The residence of a constitutional officer

  • The residence of a legislature member

  • The terminals of passenger’s vessels

  • Airports

  • Public transport facilities, including trains, streetcars, buses, and subways

If you are found with a gun at these places, you may be charged with either a felony or a misdemeanor. For you to be convicted, the prosecutor must show that you knew you were carrying the firearm.

If convicted as a misdemeanor, you may face a county jail term of up to one year or pay a maximum fine of $1,000. A felony conviction will result in a state prison sentence of 16 months, two years, or three years, or a fine of up to $10,000. However, if you were found with a gun at a school or university ground, you risk facing a seven-year prison sentence.

Dealing with Generally Prohibited Weapons

According to PC 16590, it is unlawful to manufacture, possess, import, lend, sell, or give a generally prohibited weapon. You can still be convicted under PC 16590 if you had merely attempted to do any of these acts. For you to be convicted under PC 16590, the prosecution must prove that you knew you were dealing with a generally prohibited weapon.

Some examples of generally prohibited weapons in California include:

  • Camouflaged firearm containers

  • Zip guns

  • Cane guns

  • Wallet guns

  • Rifles and shotguns that are short-barreled

  • Firearms that cannot be immediately recognized

  • Undetectable firearms

  • Magazines that have a large capacity

  • Multiburst trigger activators

  • Unconventional pistols

The criminal offense of dealing with a generally prohibited weapon is a wobbler. As a misdemeanor, it attracts a county jail term of up to one year or a fine not exceeding $1,000. A felony conviction for dealing with a prohibited weapon will lead to a state prison sentence of 16 months, two years, or three years, or a fine of up to $10,000.

Additionally, other sections of the California Penal Code criminalize manufacturing, possessing, importing, lending, or selling specific weapons. These sections include:

  • PC 30600 – assault rifles and weapons

  • PC 30315 – armor-piercing ammunition

  • PC 33410 – silencers

Like PC 16590, the prosecutor has the discretion to charge you under these sections as either a felony or a misdemeanor. You will still be charged for an attempt to manufacture, possess, import, lend, or sell these weapons, and the prosecutor must prove that you were fully aware of your actions. Also, the punishment for violating these sections is similar to that for violating PC 16590.

Unlawful Possession of Stun Guns

In California, possessing a stun gun is legal. According to PC 22610, it is unlawful to possess a stun gun if:

  • You have a prior conviction of a felony or an offense involving assault or stun gun misuse

  • You have a narcotic drug addiction problem

  • You are below 18 years old

A minor who is or over 16 years old can lawfully possess a stun gun if he acquires a written parental consent. A violation of PC 22610 will attract a fine of $50. A subsequent offense is typically charged as a misdemeanor, and its punishment includes a county jail term of a maximum of one year, or a fine not exceeding $1,000.

Brandishing a Firearm

According to PC 417, it is unlawful to draw, exhibit, or use a deadly weapon or firearm. Therefore, you can be charged under PC 417 if you brandish a gun against another person in an angry, threatening, or rude manner.

For you to be convicted under PC 417, it is not a requirement for the prosecutor to prove that the victim saw the firearm. The court will consider this offense complete once the prosecution establishes that you had malicious intent, and you exhibited, used, or drew the gun.

The criminal offense of brandishing a firearm is a wobbler. Certain aggravating situations can make the prosecutor charge you with this offense as a felony. Some of these aggravating situations include:

  • Brandishing a firearm at an open child day-care center

  • Brandishing a gun against a motor vehicle occupant

  • Brandishing a firearm while a peace officer is present and when he/she is fulfilling his/her duties

  • Causing bodily injury to someone else while brandishing a firearm

A conviction for misdemeanor brandishing a firearm will lead to a county jail term of up to one year or a fine not exceeding $1,000. If you have been convicted for felony brandishing a firearm, you may serve a state prison sentence of 16 months, two years or three years, or you may pay a fine of up to $10,000.

Also, as highlighted by PC 417.8, you will be automatically charged with felony brandishing a firearm if you drew, exhibited, or used a gun to resist or prevent arrest. A violation of PC 417.8 is punishable by a state prison sentence of two years, three years, or four years.

Drive-by Shooting

Per PC 26100, it is unlawful to discharge a gun while in a motor vehicle. PC 26100 is commonly referred to as California’s drive-by shooting law. For you to be convicted under PC 26100, the prosecutor must prove beyond a reasonable doubt that you acted willfully and maliciously, and you were fully aware of your actions.

Although this crime is commonly known as ‘drive-by shooting,’ it is not a requirement for the prosecutor to prove that the motor vehicle was being driven. You will be held guilty so long as the prosecutor proves that the firearm was discharged from within the car.

The criminal offense of drive-by shooting is a wobbler. As a misdemeanor, it attracts a county jail term of up to one year or a fine not exceeding $1,000 upon conviction. The penalty for felony drive-by shooting is a state prison sentence of 16 months, two years, or three years, or a fine of up to $10,000.

You would be automatically charged with felony drive-by shooting if you or another person inside your car discharged a firearm against someone else. A conviction under this situation will make you face a state prison sentence of three years, five years, or seven years, or you may be ordered to pay a fine of up to $10,000.

Assault With a Firearm

Statute 245(a)(2) of the Penal Code states that it is a criminal offense to assault another person with a gun. Under PC 240, the term 'assault' is defined as an unlawful attempt to injure another person violently. You can still be convicted under PC 245(a)(2) even if you didn’t injure another person. To be convicted under this law, all the prosecutor needs to prove is that you attempted to assault someone else using a firearm.

Also, it is not a requirement for the prosecution to illustrate that you assaulted an identifiable, specific victim. If, for instance, you discharged a firearm onto a crowd, you can still be convicted for this offense.

The penalties for this offense depend on the victim and the firearm type involved, as laid out below:

  • Assault with a .50 BMG rifle or a machine gun is considered a felony. It is punishable by a state prison sentence of four years, eight years, or twelve years.

  • Assault with a semi-automatic firearm is considered a felony. Its punishment is a state prison sentence of three years, six years, or nine years.

  • Assault with any other firearm type is deemed a wobbler. As a misdemeanor, it may attract a county jail sentence of 6 – 12 months. As a felony, it is punishable by state imprisonment for two years, three years, or four years.

  • Assault with a firearm against a peace officer is a felony. Its penalty is a state prison sentence of a minimum of four years and a maximum of 12 years.

  • Assault with a firearm against a school employee is categorized as a wobbler. If charged as a misdemeanor, it may attract a county jail term of up to one year upon conviction. If convicted of it as a felony, you may face a state prison sentence of 2 – 8 years.

Shooting at Aircrafts, Vehicles, or Dwellings

According to California gun laws, it is a criminal offense to shoot at aircraft, vehicles, or dwellings, regardless of whether they are occupied. This is as laid out by California Penal Codes 246 and 247.

To be convicted of this offense, the prosecutor does not need to prove that you shot directly at an aircraft, vehicle, or building. You can still be convicted of this crime for merely shooting while in proximity to these entities.

This offense can be charged as either a felony or a misdemeanor, depending on the facts and circumstances of your case. If charged as a misdemeanor, it may attract a county jail term of up to one year upon conviction. On the other hand, if charged as a felony, you may serve a state prison sentence of a maximum of seven years.

Find a Los Angeles Criminal Defense Attorney Near Me

You cannot automatically get convicted because you have been charged with a Los Angeles gun offense. The best way to win your case is to hire a reliable and experienced criminal defense attorney. Do not risk your future by attempting to argue the case alone. There are various defense strategies that a competent lawyer can use to fight criminal gun charges. We at The LA Criminal Defense Law Firm can help you fight your charges. Call us today at 310-935-1675 for a free consultation.