Expert Legal Defense for Firearm Charges in Orange County & Los Angeles County

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.

Understanding California’s Firearm Laws

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.

1. Carrying a Concealed Firearm – Penal Code § 25400

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:

• A prior felony conviction or a firearm-related offense
• Possession of a stolen firearm
• Active participation in a criminal street gang

Legal Analysis

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.

Potential Defense Strategies:

• Lack of Knowledge: The accused was unaware the firearm was present (e.g., it belonged to another occupant in the vehicle).
• Fourth Amendment Violation: The firearm was discovered through an illegal search and seizure by law enforcement.
• Valid Concealed Carry Permit: The defendant possessed a legally issued CCW permit.

2. Felon in Possession of a Firearm – Penal Code § 29800

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.

Legal Analysis

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.

Potential Defense Strategies:

• Unlawful Search and Seizure: If law enforcement violated constitutional protections, the firearm evidence may be inadmissible.
• Constructive Possession Defense: If the firearm was merely found in proximity to the accused, but they had no knowledge or control over it.
• Expungement or Restoration of Rights: If the defendant’s prior conviction was reduced to a misdemeanor or overturned.

3. Possession of an Assault Weapon – Penal Code § 30605

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 detachable magazine combined with a pistol grip
• A folding or telescoping stock
• A flash suppressor or threaded barrel

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.

Legal Analysis

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.

Potential Defense Strategies:

• Lack of Knowledge: The accused was unaware the firearm met the state’s assault weapon criteria.
• Federal Law Preemption: Federal laws sometimes override state definitions in limited circumstances.
• Lawful Possession Before the Ban: The accused legally owned the weapon before restrictions were enacted.

4. Justifiable Possession Defense – Penal Code § 29850

California allows a justification defense under Penal Code § 29850 when a firearm is obtained for lawful purposes, such as:

• Disarming an attacker and immediately surrendering the weapon to law enforcement
• Temporarily possessing a firearm to prevent imminent harm
• Finding an abandoned firearm and turning it over to authorities

Legal Analysis

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.

Potential Defense Strategies:

• Demonstrating Immediate Surrender: Evidence showing the defendant promptly contacted law enforcement.
• Necessity Defense: The firearm was possessed to prevent serious injury in an emergency.

5. Violent Use of a Firearm – Penal Code § 23515

Under Penal Code § 23515, firearm-related violent offenses—such as assault with a deadly weapon, robbery, or homicide—result in enhanced penalties, including:

• Longer prison sentences
• Mandatory minimums
• Strikes under California’s Three Strikes Law

Legal Analysis

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.

Potential Defense Strategies:

• Self-Defense: The firearm was used lawfully to prevent imminent harm.
• Lack of Intent: If the firearm was discharged accidentally or without criminal intent.

6. Carrying a Loaded Firearm in Public – Penal Code § 25850

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.

Legal Analysis

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.

Potential Defense Strategies:

• Unlawful Search: If the firearm was discovered through an illegal stop-and-frisk.
• Lack of Knowledge: The defendant was unaware the firearm was loaded.

7. Firearm Restrictions for Protective Orders

Individuals under domestic violence protective orders are prohibited from possessing firearms. Violations result in mandatory firearm surrender and potential felony charges.

Legal Analysis

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.

Potential Defense Strategies:

• Mistaken Identity: The order was against another individual, not the accused.
• Lack of Notice: The defendant was not properly served with the restraining order.

8. Criminal Storage of Firearms

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.

Legal Analysis

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.

Potential Defense Strategies:

• Firearm Was Securely Stored: The defendant can prove they took proper precautions.
• Unauthorized Access Was Unforeseeable: The firearm was stolen without negligence.

Recent Court Decisions Impacting Firearm Laws

Several California court cases have reinforced firearm restrictions:

• People v. Miller (2023) – Upheld Penal Code § 25400, confirming that concealed carry restrictions do not violate the Second Amendment.
• People v. Bey (2025) – Reaffirmed that felons cannot possess firearms and that previous “good cause” requirements for concealed carry licenses were severable.
• In re D.L. (2023) – Stated that firearm licensing requirements could be separated from the broader legal framework.
• People v. Gaines – Clarified laws surrounding firearm discharge from vehicles.

Defenses Against Firearm Charges

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.

Why Choose Power Trial Lawyers?

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.

Why Clients Trust Power Trial Lawyers

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.

What Sets Us Apart?

✅ 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.

Take Immediate Action – Protect Your Future

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.