Weapons charges
The right to own and carry guns, firearms, and weapons is protected by the United States Constitution. At the same time, laws regulate when and how firearms may be possessed, carried, transported, and used. California weapons law is complex, and a person can easily become confused about what is legal and what is not.
There is a large list of firearms and weapons that are restricted in California. Some restrictions turn on when an item was acquired, how it is configured, where it is possessed, and who possesses it.
People generally prohibited from possessing firearms
The archived page identified several categories of people who may be prohibited from acquiring or possessing a firearm:
- People convicted of a felony offense
- People convicted of certain misdemeanor offenses
- People alleged to be addicted to narcotics
- People subject to qualifying mental-health restrictions
- Minors and other age-restricted purchasers or possessors
Carrying and prohibited places
The archived page discussed rules concerning unloaded firearms, public carry, licensing, and prohibited locations such as government buildings, post offices, and school zones. These laws have changed over time and must be evaluated under the law in effect when the alleged conduct occurred.
Wrongful arrests can happen
The archived page emphasized that many citizens—and even some law-enforcement officers—are not fully versed in California firearms law. That can result in people who believe they are lawfully exercising their rights being questioned, arrested, or prosecuted.
Client experiences from the archived page
“Mark was an outstanding attorney. He and his staff were professional and very reassuring. I could not thank him enough for getting my case dismissed.”Devrick Johnson — weapons case
“The end result was no prison or jail time. I received probation and community service with some fines. Considering the weight of my case, I am more than satisfied.”Eric Smith — weapons case
Published case results
Weapons-charge case results
The published results archive currently includes 40 matters that match this practice area or its published case terminology.
| Case # | Charge / allegation | Maximum exposure | Published result |
|---|---|---|---|
| LF013206A | PC 30305(A)(1) Possess Ammunition Persons Prohibited Owning/Possess Firearm, PC29800(A)(1) Possesion of Firearm by a Felon (Old Code 12021(A)(1) | Not listed | Case dismissed |
| LF013199A | PC 29800(A)(1) Possesion of Firearm by a Felon (Old Code 12021(A)(1), PC 30305(A)(1) Possess Ammunition Persons Prohibited Owning/Posses Firearm, FG 1054.2 License/Permit Not Within Immediate Possesion/Etc | Not listed | Case dismissed |
| BF180930A | PC 460(B) Burglary: 2nd Degree, PC 463(A) Looting while committing a burlary during a state of emergency, PC 29800(A)(1) Possession of Firearm by a felon, PC 496D(A) Possess Stolen Vehicle/Vessel, PC530.5 Using Personal Identifying Information of Another, PC496(A)>950 Receive/Ect Known Stolen Property, PC466 Possess/ Etc Burglary Tools | 5 year 4 month prison | Case dismissed |
| BF156137A | PC245(A)(2)-ASSAULT WITH FIREARM ON PERSON, PC 245(B)-ASSAULT WITH SEMI-AUTOMATIC FIREARM ON PERSON | 13 years | Misdemeanor Credit for time served. |
| BF152883B | PC 245(A)(1)>2012 ASSAULT W/DEADLY WEAPON OTHER THAN FRM/GBI FORCE-PERSONAL USE, PC 245(A)(4) ASSAULT ON PERSON WITH FORCE - GREAT BODILY INJURY, PC 594(B)(2)(A) VANDALISM LESS THAN $400 | 7 years prison | Felony Probation |
| SM113776A | MC >SHA9.28.010 DISCHARGE A FIREARM WITHIN THE CITY LIMITS | 1 year jail | Credit for time served (CTS) |
| BF156143A | PC 246.3(A) RECKLESSLY DISCHARGE A FIREARM | 3 years | Credit for Time Served (CTS) & probation |
| BM877271A | PC 246.3(A) RECKLESSLY DISCHARGE A FIREARM | 1 year jail | Credit for time served and fine |
| BF163165A | PC29800(A) possession of firearm by a felon; criminal street gang member carrying loaded firearm | 7 years prison | Credit for Time Served, 3 years Probation (3 out of 4 counts dismissed) |
| BF153873A | PC 422 THREATEN WITH INTENT TO TERRORIZE(x2), PC 246.3(A) RECKLESSLY DISCHARGE A FIREARM (x2), PC 245(A)(4) | 15 Years | Probation / NO JAIL TIME |
| Orlando S. | Armed Robbery of Convenience Store (212.5 with a firearm) | 15 years prison | CASE DISMISSED (Motion for Illegal Search) |
| Richard M. | Assault with Deadly Weapon; Prior Strike | 14 years prison | REDUCED (to Misdemeanor /Time Served) |
| Tanarri S. | Possession of Ammunition by Felon | 3 years prison | CASE DISMISSED (Not Guilty Jury) |
| Arvel S. | Assault with Deadly Weapon (PC 245) | 4 years | NON-STRIKE/TIME SERVED |
| BM832110A | PC 245(A)(1) (USE >2012) ASSAULT W/DEADLY WEAPON OTHER THAN FRM/GBI FORCE, PC 417(A)(1) EXHIBIT DEADLY WEAPON OTHER THAN FIREARM | 1 YEAR | CASE DISMISSED |
| BM851537A | PC 25850(C)(6) CARRY LOADED FIREARM WITHOUT REGISTRATION | 1 year jail | Case Dismissed |
| DF012046B | PC 245(A)(1) (x3) Assault w/ deadly weapon other than a frm/gbi force-personal use PC 245(A)(4) Assault on person with force- GBI (x2) | 75 years to life | 11 years |
| DF012122B | 3 strikes case; PC 4501 Assault w/ deadly weapon by prisoner | 28 years to life | 6 years |
| BF161358A | PC 29800(A)(1) Possession of firearm by felon (x2), PC 30305(A)(1) POSSESS AMMUNITION PERSONS PROHIBITED OWNING/POSSESS FIREARM, PC 186.22(A)>2012 | 5 years prison | 1 year |
| BF162775A | PC 246.3(A) Recklessly discharge a firearm, PC 25400(C)(6) carry/concealed/unregistered firearm, PC135 Destroy/ conceal evidence, PC 25850(A) carrying loaded firearm, PC 422 Threaten with intent to terrorize | 7 years prison | Case dismissed |
| BF162027A | Assault with firearm on person, recklessly discharge a firearm | 8 Years Prison | Dismissed |
| BF161025A | Possession of firearm by a felon Participating in a street gang | 7 Years Prison | Credit Time Served Possession charge dismissed. |
| BF163447A | Recklessly discharge a firearm, PC 148(A)(1) | 3 Years Prison | Felony=Dismissed Credit Time Served |
| BM874357A | Carry concealed weapon in vehicle; carrying a loaded firearm | 1 Year Jail | Fine/ summary probation, No Jail |
| BF165194A | PC 215(A)>2012 Carjacking, PC 422 Threaten with intent to terrorize, PC 417(A)(2) exhibit firearm, | 9 years prison | Felony Probation |
| BF162988A | Violent felon in possession of a firearm | 3 year prison | Credit time served |
| LF011584A | PC 245(A)(1)>2012 ASSAULT W/DEADLY WEAPON OTHER THAN FRM/GBI FORCE-PERSONAL USE(x2), PC 243(D) BATTERY W/SERIOUS BODILY INJURY, PC 594(B)(1) VANDALISM $400 OR MORE, PC 212.5(A) ROBBERY 1ST DEGREE: INHABITED/HOUSE/TRAILER COACH | 18 Years Prison | Probation, Credit Time Served, Community Service |
| BF165178B | PC 245(A)(4) ASSAULT ON PERSON WITH FORCE - GREAT BODILY INJURY (x2), PC 243(D) BATTERY W/SERIOUS BODILY INJURY, PC 245(A)(1)>2012 ASSAULT W/DEADLY WEAPON OTHER THAN FRM/GBI FORCE-PERSONAL USE (x2), PC 594(B)(1) VANDALISM $400 OR MORE | 7 Years Prison | Probation, Credit Time Served, Community Service |
| MF012192A | PC 246.3(A) Recklessly Discharge a Firearm | 3 Years | CASE DISMISSED |
| Chaves | 7 Robbery charges, 8 Attempted Robbery, 3 Burglary Charges, Gang Enhancements, Gun Enhancements | 34 Years Prison | 6 YEars 4months @ half time |
| BF168048A | PC 29800(A)(1) Possession of Firearm x2 Ex-felon, Gang Enhance w/ Prior Strike | 15 Years Prison | CASE DISMISSED: Motion for Illegal Search Granted |
| DF013847A | PC 4502(A) PRISONER POSSESS WEAPON | 8 YEARS | CASE DISMISSED |
| DF013574A | 245(A)(1)>2012 ASSAULT /W DEADLY WEAPON OTHER THAN FRM GBI FORCE - PERSONAL USE (X4) 594(B)(1) VANDALISM $400 OR MORE 245 (A)(4) ASSAULT ON PERSON WITH FORCE - GREAT BODILY INJURY | 6 YEARS IN PRISON | CREDIT TIME SERVED; MISDEMEANORS |
| DF013847A | PC4502(A) PRISONER POSSESS WEAPON | 4 YEARS IN PRISON | CASE DISMISSED |
| BM929374B | PC243(D) BATTERY W/SERIOUS BODILY INJURY, PC245(A)(1)>2012 ASSAULT W/DEADLY WEAPON OTHER THAN FRM/GBI FORCE-PERSONAL USE, 422 THREATEN TO TERRORIZE, 242 BATTERY | 1 YEAR IN JAIL | CASE DISMISSED |
| BF175458A | PC422 THREATEN WITH INTENT TO TERRORIZE; PC245(A)(1)>2012 ASSAULT/W DEADLY WEAPON OTHER THAN FRM/GBI FORCE-PERSONAL USE (X2) | 6 YEARS | CASE DISMISSED |
| BF177405A | 30605 POSSES OF AN ASSAULT RIFLE; 32310 | 3 YEARS IN PRISON | 1 DAY IN JAIL, 3 YEARS PROBATION |
| BF177315A | PC25850(C)(6) CARRY LOADED FIREARM WITHOUT REGISTRATION; VC 23103(B) RECKLESS DRIVING IN OFFSTREET PARKING FACILITY | 3 YEARS | WORK RELEASE |
| LF011826A | PC 245(A)(1)>2012 ASSAULT W/DEADLY WEAPON OTHER THAN FRM/GBI FORCE-PERSONA USE; 417(A)(1) EXHIBIT DEADLY WEAPON OTHER THAN FIREARM | 4 YEAR MAX | CASE DISMISSED |
| BM954626A | PC 25400(A)(2) Carry Concealed Firearm in Public | 1 YEAR JAIL | CASE DISMISSED |
Past results do not guarantee or predict a similar outcome. Charges, evidence, exposure, defenses, and available resolutions vary from case to case.
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