California has some of the strictest firearm laws in the country, imposing severe penalties on those accused of violating its complex and ever-evolving statutes. Whether you are facing charges for carrying a concealed weapon, unlawful possession, or a firearm-related violent offense, the legal consequences can be life-altering. A conviction could mean substantial fines, lengthy imprisonment, and a permanent criminal record, affecting your rights, reputation, and future opportunities.
At Power Trial Lawyers, we bring nationally recognized legal expertise and aggressive defense strategies to fight firearm-related charges. Our attorneys are respected thought leaders in the legal field, frequently featured as analysts on Fox News, ABC, CNN, Forbes, the Los Angeles Times, Associated Press, CourtTV, and Law & Crime. The high-profile cases we’ve handled have been covered by ABC7 News, Yahoo!, and other major media outlets, solidifying our reputation for excellence and authority in criminal defense.
California enforces some of the strictest gun control laws in the nation. These laws are designed to regulate the possession, carrying, and use of firearms while imposing severe penalties on violations. The statutes outlined below serve as a comprehensive guide for individuals facing firearm-related charges, providing clarity on legal provisions, potential defenses, and the risks associated with each offense.
Under California Penal Code § 25400, it is a crime to carry a concealed firearm on your person or in a vehicle without a legally issued permit. The offense is typically charged as a misdemeanor but may escalate to a felony if certain aggravating factors apply, such as:
California law has a “shall-issue” policy for concealed carry permits, meaning that only those who meet strict eligibility criteria can legally carry a concealed firearm. The burden is on the defendant to prove they were legally permitted to carry the weapon. Additionally, People v. Miller (2023) reaffirmed that concealed carry restrictions do not violate the Second Amendment, reinforcing the state’s authority to regulate firearm possession.
Under California Penal Code § 29800, any person convicted of a felony, individuals addicted to narcotics, or those subject to specific restraining orders are prohibited from owning, possessing, purchasing, or receiving a firearm.
This law is strict liability, meaning prosecutors only need to prove possession—intent does not matter. A conviction typically results in three years in state prison, though enhancements apply for prior violent offenses.
In People v. Bey (2025), the court ruled that disarming felons is consistent with historical traditions and not unconstitutional. The law aims to prevent high-risk individuals from accessing firearms, a policy upheld by multiple appellate court decisions.
California enforces one of the most restrictive bans on assault weapons under Penal Code § 30605. It is illegal to possess, manufacture, or sell assault weapons, defined as firearms with features such as:
A first offense may be charged as a misdemeanor, but repeat violations or possession of multiple weapons can escalate to a felony with prison time.
California’s assault weapon ban has been challenged under the Second Amendment, but courts have repeatedly upheld its constitutionality. In Rupp v. Becerra, the 9th Circuit ruled that assault weapons restrictions do not infringe upon lawful self-defense, citing public safety concerns.
California allows a justification defense under Penal Code § 29850 when a firearm is obtained for lawful purposes, such as:
While this statute provides a limited affirmative defense, the burden is on the defendant to prove they took reasonable steps to surrender the weapon promptly. Failure to immediately notify law enforcement may lead to prosecution.
Under Penal Code § 23515, firearm-related violent offenses—such as assault with a deadly weapon, robbery, or homicide—result in enhanced penalties, including:
The use of a firearm in a violent crime enhances penalties significantly. Courts consider firearm discharge, bodily harm, and prior convictions when determining sentencing. If a firearm is used during a felony, additional firearm enhancements may be applied, potentially doubling prison terms.
Under Penal Code § 25850, carrying a loaded firearm in public is illegal unless you have a valid Concealed Carry Weapon (CCW) permit. Aggravating factors, such as prior offenses or gang affiliation, can elevate this to a felony.
Recent court decisions confirm California’s authority to regulate loaded firearm possession. People v. Bey (2025)upheld these restrictions, even after changes to concealed carry licensing laws following Supreme Court rulings.
Individuals under domestic violence protective orders are prohibited from possessing firearms. Violations result in mandatory firearm surrender and potential felony charges.
Federal and state laws reinforce firearm restrictions for those under restraining orders. California imposes strict liability, meaning intent does not matter—mere possession is enough for conviction.
Under California law, a firearm must be stored securely. If a firearm is accessed by a minor or prohibited person and used in a crime, the owner faces criminal storage charges, potentially leading to felony prosecution.
The law places strict liability on gun owners to prevent unauthorized access. Failure to comply can result in loss of firearm rights and civil liability for damages.
Several California court cases have reinforced firearm restrictions:
At Power Trial Lawyers, we build strong defense strategies tailored to each client’s case. Common legal defenses include:
✅ Illegal Search and Seizure – If law enforcement violated Fourth Amendment rights, the evidence may be suppressed.
✅ Lack of Knowledge – Proving the defendant was unaware of the firearm’s presence.
✅ Self-Defense or Justifiable Possession – If the firearm was acquired for immediate protection or legally transferred to authorities.
✅ Flawed Evidence or Prosecutorial Misconduct – Challenging witness testimony, ballistics reports, and law enforcement procedures.
Facing firearm charges in Orange County or Los Angeles County? We provide aggressive, strategic defense to protect your rights. Our attorneys have extensive experience handling California firearm violation cases and will fight to minimize or dismiss charges against you.
We are more than just defense attorneys—we are relentless advocates for justice, fighting to protect your constitutional rights and ensure that you receive a fair and aggressive defense. Inspired by legendary mentors, our firm is building a legacy of client-centered advocacy, where every case is treated with unparalleled dedication and strategic precision. We understand that firearm charges are often the result of misunderstandings, unconstitutional police actions, or overzealous prosecutions, and we are prepared to challenge the system and secure the best possible outcome for you.
✅ Nationally Recognized Legal Authorities – Our attorneys are sought-after legal analysts, shaping the conversation on gun laws and criminal defense across national media.
✅ Strategic, Aggressive, and Personalized Defense – No two cases are the same; we craft a custom defense strategytailored to your specific situation.
✅ Experience Handling High-Profile & Complex Cases – From misdemeanor gun possession to felony firearm offenses, we know how to beat the toughest charges.
If you or a loved one has been charged with a firearm offense in Orange County or Los Angeles County, you need a defense team that understands the law, the courts, and the best strategies to win. The prosecution will not hold back, and neither will we. Contact Power Trial Lawyers today to schedule a consultation and start building your defense with the best in the field.