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Weapons Charges Defense
California has some of the most restrictive weapons laws in the country. Even minor violations can result in felony charges, lifetime gun bans, and federal exposure.
Common California weapons charges
PC 25400 — Carry concealed firearm
Wobbler in most cases, felony with aggravators. CCW permit is the only legal way to carry concealed.
PC 25850 — Carry loaded firearm in public
Wobbler. Misdemeanor unless aggravators (gang member, stolen firearm, prior conviction).
PC 26350 — Open carry of unloaded firearm
Misdemeanor only. Generally illegal in incorporated areas.
PC 29800 — Felon in possession
Felony. Lifetime ban regardless of how old the felony.
PC 29805 — Misdemeanant in possession (10-year ban)
10-year ban for certain misdemeanors: domestic violence (PC 273.5), stalking, threats. Federal Lautenberg ban for DV is lifetime.
PC 30605 — Assault weapon possession
Wobbler. Configuration-based — features like pistol grip, flash hider, threaded barrel can transform a legal rifle into illegal assault weapon.
PC 32310 — Large-capacity magazine
Misdemeanor. Magazines holding more than 10 rounds. Currently in legal flux due to Duncan v. Bonta litigation.
PC 16590 — Generally prohibited weapons
Brass knuckles, switchblades, nunchaku, certain knives. Misdemeanor or felony depending on item.
Federal 18 USC 922(g) — Felon in possession
Federal parallel to PC 29800. Up to 10 years federal prison. Often charged with state when interstate ammunition or large quantities involved.
Defenses
- Lack of knowledge or possession
- Suppression of unlawful search
- Constructive possession challenges (multiple occupants of vehicle)
- Necessity / self-defense for momentary possession
- Antique firearm exception
- Hunting / sporting use exceptions
- Constitutional challenges (Bruen v. NYSRPA, evolving Second Amendment law)
Restoration of gun rights
For felony convictions, gun rights can sometimes be restored through PC 17(b) reduction (felony to misdemeanor), Certificate of Rehabilitation, or pardon. The federal Lautenberg DV ban is generally permanent and cannot be expunged away.
Charged with a weapons offense? Contact our office — these cases evolve fast with constitutional litigation.
Frequently Asked Questions
What is PC 25400 (carrying concealed weapon)?
PC 25400 prohibits carrying a concealed firearm on your person or in a vehicle without a CCW permit. Generally a misdemeanor (up to 1 year jail) but becomes a felony if (a) the firearm is loaded, (b) you have prior felony, (c) you are a prohibited person, or (d) the firearm is stolen. Felony exposure: 16 months/2/3 years.
What is felon in possession of firearm (PC 29800)?
PC 29800 prohibits any felon from owning, possessing, or having custody of a firearm. Felony only — 16 months, 2, or 3 years state prison. Federal law (18 USC 922(g)) imposes parallel penalties of up to 10 years federal prison. Lifetime ban — even a single old felony permanently disqualifies firearm possession.
Are AR-15s legal in California?
Generally no. California's assault weapon ban (PC 30605) prohibits possession of "assault weapons" as defined — including most AR-15 configurations. Featureless rifles or those with fixed magazines may be legal. Charges for unregistered assault weapon: misdemeanor first offense, felony for subsequent.
What is California's 10-day waiting period?
PC 26815 requires a 10-day waiting period from purchase to delivery of any firearm. Designed to provide a "cooling off" period and time for background check. Violations are misdemeanors but can affect future firearm rights.
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