San Diego Gun Charges and Allegations

California has complex gun crime laws. Firearm charges and allegations in San Diego can be devastating, and a guilty verdict leads to life-changing repercussions. The legal penalties include lengthy jail or prison incarcerations and hefty court-imposed fines. So, you must understand these laws on where, when, and from whom to purchase and how to carry or use a firearm to avoid violating gun laws.

However, when you engage in a violation or face a gun crime charge, you can still fight the charges for a fair verdict, but you will require the help of a competent criminal attorney to defend and represent you in court. At the Law Offices of Anna R. Yum, we will explain the type of firearm offense charge to help you prevent a violation or restore your gun rights after a revocation. We will also seek a case dismissal or reduced charge.

Types of California Firearm Charges

California laws prescribe many forms of gun crimes, with each case having unique circumstances. The DA evaluates the evidence depending on the legal standards and prefers a serious charge contingent on the case’s circumstances. The likely gun offense charges you will face are:

Possession of a Gun By a Felon

If you have been found guilty of a felony offense or have an active felony warrant, not necessarily in California, PEN 29800 prohibits you from owning, buying, or possessing a gun. These restrictions also apply to:

• Individuals convicted of certain misdemeanors for at least two times
• Narcotics or hard drug addicts

A violation of PEN 29800 is a felony that carries 16, 24, or 36  months of prison confinement. The crime is commonly known as a felon with a firearm or felon in possession of a gun. 

A felon is anyone found guilty of a felonious offense in any state, government, or nation. Under particular circumstances, the term could refer to individuals convicted under the federal statutes. The persons the federal statutes forbid from possessing guns are:

• Illegal aliens
• Individuals with renounced citizenship
• Individuals dishonorably discharged from the military
• Persons indicted by courts for offenses punishable by at least twelve months of incarceration

If you belong to this group and possess a gun, you will face a firearm offense charge that attracts an indefinite gun rights revocation.

California Criminal Jury Instructions (CALCRIM) 2510 outlines the elements of a prohibited person having a gun the DA should demonstrate to secure a guilty verdict. These aspects are:

• The court has found you guilty of a felony, or you have a pending warrant for a felony, you are a narcotics addict, have at least two priors for brandishing a weapon, or have been convicted of violent utilization of a firearm.
• You owned, bought, possessed, or acquired a gun
• You were aware of the gun’s presence

For the prosecutor to prove addiction, they should show that you are emotionally or physically dependent on the controlled substances.

The law also defines a firearm as:

• Any device that expels projectiles through a barrel
• A tool used as a weapon
• A gadget that expels projectiles using explosion or force

Firearms are also called guns, including pistols, revolvers, tasers, shotguns, and rifles.

When the DA demonstrates these facts beyond reasonable doubt, you will face no more than 36 months of jail confinement and, at most, $10,000 in court fines. Nevertheless, the judge can impose formal probation in place of jail confinement, depending on the case’s circumstances.

Carrying a Loaded Gun Concealed on Your Person or Vehicle

California PEN 25400 prohibits people from carrying a gun hidden in their person or in a vehicle they control or occupy without a valid CCW license. When prosecuting the crime, the DA should show that:

• You hid a weapon in your person or car
• You were aware of the hidden firearm’s presence
• The gun was concealed from plain view

On your person means that the gun was in your pocket or inside an item you were holding, like a briefcase or purse.

The most critical element of the charge the DA must prove is that you knew of the firearm’s presence. If the prosecutor cannot satisfy this element, you are innocent, as it shows your conduct was not deliberate.

The court will find you guilty when the prosecutor proves all the case’s facts beyond moral certainty. A guilty verdict in the absence of aggravating factors attracts:

• At most twelve months of jail incarceration
• No more than $1,000 court fines
• Summary probation with a requirement to serve at most twelve months in jail

In the presence of aggravating factors, a PEN 25400 violation is chargeable as a straight felony or wobbler offense. The aggravating circumstances that make the offense a straight felony are:

• You have a previous conviction for a felony offense or any other gun crime
• The gun was stolen, and you were aware or ought to have known it was stolen
• You are an active member of a criminal gang
• You illegally possessed the gun
• PEN 29800 prohibits you from owning or possessing a gun
• PEN 29900 bars you from owning a firearm

When the prosecutor secures a guilty verdict in any of these circumstances, you will receive felony penalties, including:

• 16, 24, or 36 months of jail incarceration
• No more than $10,000 in court-imposed fines
• Twelve months of formal probation in place of jail incarceration

Concealed carry becomes a wobbler if:

• You have a previous guilty verdict for a misdemeanor offense against property or an individual or for a controlled substances or dangerous drug offense
• Your gun was loaded, or ammunition was easily accessible, and the DOJ does not list you as a gun owner

A wobbler means the DA can prefer misdemeanor or felony charges contingent on your criminal record and the case’s nature. A misdemeanor charge upon conviction carries at most twelve months of incarceration and no more than $1,000 in court fines. In contrast, a felony PEN 25400 contravention attracts:

• Formal probation after a mandatory twelve months of jail incarceration
• 16, 24, or 36 months of jail confinement
• At most, $10,000 in monetary court fines

Prior convictions also affect sentencing. A PEN 25400 violation carries at least ninety days of jail incarceration for a felony offense or any other gun crime.

Also, the court will impose mandatory three to six months of jail confinement if you have a criminal history for:

• Shooting an inhabited vehicle or house under PEN 246
• Weapon branding under PEN 417
• Assault with a lethal weapon

However, the court can suspend the minimum jail incarceration or grant probation in exceptional circumstances if doing so serves the justice’s interest. Additionally, the court will confiscate your firearm and suspend your gun ownership privileges.

Ordinary Californians can only avoid concealed carry charges if they acquire a permit to carry a loaded or unloaded gun in public. Without a license, these actions are unlawful. If you need a Carry Concealed Weapons  (CCW) license to prevent trouble with the law, you should visit the county sheriff or chief of the municipal law enforcement department. The authorities will issue you with the permit if you demonstrate that:

• You are 21 or older
• You are the owner of the firearm for which you seek a permit
• You satisfy particular residency conditions
• You have finished the relevant firearm training

When you satisfy these conditions, you will receive a concealed weapons license, which allows you to carry a hidden gun in public without fear of arrest. However, you should adhere to the conditions imposed during the issuance of the license. A violation of the licensure terms would result in arrest and charges despite having a valid license.

Recently, there have been concerns about the constitutionality and legality of CCW license laws. Nevertheless, in 2014, the court ruled that the “good cause” condition you must satisfy to obtain the permit was unlawful as it breached the Second Amendment, which gives citizens the privilege to bear arms.

Nevertheless, in 2016, the court ruling was overturned, with the court arguing that the 2nd Amendment did not apply to concealed weapons and that the “good cause” condition for the CCW permit was constitutional.

Even if California requires persons seeking CCW permits to prove “good cause,” states like New York removed the requirement in 2023.

California PEN 26500 forbids you from selling, leasing, or transferring weapons without a valid license. The law mandates that all gun transactions happen through a licensed dealer. As an unlicensed gun seller, you can lease, transfer ownership, or sell a firearm, but only through a licensed party. Otherwise, the transaction will be incomplete and unlawful.

If you are interested in selling guns, you must obtain and retain a valid permit, or you will face charges for a PEN 26500 violation. The permits you need are:

• A valid federal gun license
• Local government regulatory or business permit
• A valid license from the California Equalization Board
• Eligibility certificate issued by the Justice Department
• A local twelve-month license by the relevant licensing authority
• Listing on the Justice Department’s decentralized list of licensed gun dealers

The permit does not give you the freedom to deal with all forms of weapons. It specifies the firearms you can transact in, and selling guns outside of your authorization can also attract PEN 26500 violation charges.

Besides, even with a valid license, you cannot deal in guns that are illegal, like the 50 BMG rifle, without a special permit. Also, you are prohibited from trading or transferring generally forbidden firearms like metal knuckles, hidden knives, and nunchakus. Unconventional firearms like rifles and short-barreled guns are also typically banned. Contravening these guidelines could result in charges for unlawful firearm sale, whose conviction can result in the revocation of your permit.

Similarly, you risk license termination for failing to maintain or abide by licensure conditions. Selling, leasing, or transferring guns without a valid permit is a violation of PC 26500.

Failure to conduct thorough background checks on gun buyers could result in license termination. The assumption is when you sell to individuals without conducting background checks, the firearm could end up in the hands of an individual prohibited from owning, buying, or controlling a gun. Again, you will face charges for continuing to sell or lease guns after the termination or suspension of your license.

Unlicensed firearm sale is a misdemeanor whose conviction carries a maximum of six months of prison incarceration and a maximum of $1,000 in monetary court fines. These penalties apply to every firearm transaction you make without a permit.

Carrying a Loaded Gun in Public

PEN 25850 criminalizes the carrying of a loaded firearm in public. For the prosecutor to secure a guilty verdict, they must show that the weapon was loaded by arguing the gun had a shell or unused cartridge attached to it. You would face these charges even if the loaded gun were inoperable. Besides, you do not have to carry the weapon openly to face charges.

Another element the DA should demonstrate is that you were aware of the weapon’s presence. If they cannot prove knowledge, the court will drop the charges. 

The penalties for a PEN 25850 violation are the same as those for a PEN 25400 violation. You will face both charges if the firearm is simultaneously loaded and hidden. Nevertheless, if you had a CCW permit, you cannot face charges.

Open Carry

It is a criminal offense to openly carry a loaded or unloaded weapon in public. Carrying an unloaded handgun in public is a misdemeanor whose conviction attracts at most twelve months in jail and no more than $1,000 in court fines. Carrying a loaded gun in public is also a misdemeanor that carries similar penalties.

Possessing Firearms in Prohibited Areas

PEN 626.9 prohibits gun possession on school grounds. A conviction for this offense carries a maximum seven-year jail term.

PEN 171b forbids the control of particular firearms like tear gas weapons, knives, pellet guns, or guns in public buildings or meetings unless:

• You are allowed to transport the weapons in court as evidence
• You are a law enforcement or police officer
• You have a valid permit to carry the firearm
• You are in charge of securing the public structure or meeting and are permitted to carry a weapon

A violation of this statute is a wobbler. A misdemeanor carries at most twelve months in jail, while a felony attracts no more than 36 months of jail confinement.

Other areas where firearms are prohibited include:

• Universities or colleges
• Bars and restaurants
• Public libraries
• Worship places
• Stadiums
• Polling places
• Private commercial buildings open to the public
• Gaming establishments
• Public -funded transport means like trains
• Parks
• Casinos
• Athletic facilities
• Law enforcement stations
• Financial institutions

Production, Distribution, Import, or Sale of Assault Weapons

PEN 30600 bans the manufacture, sale, import, or transfer of assault weapons and BMG rifles. You should know this statute does not prohibit possession, although their possession is an offense under PEN 30605, except if the gun is an antique.

The prosecutor must prove under PEN 30600 that:

• You were aware your actions were unlawful
• You knew or ought to have been aware that the firearm in question had features of a BMG rifle or assault weapon.

In 2019, California introduced two laws on assault weapons under Senate Bill 61, restricting the buying of assault weapons to one per month and banning the sale of semi-automatic rifles to individuals younger than 21.

If you are interested in producing these firearms without charges and allegations of PEN 30600 violation, you must obtain a production permit and ensure that the weapons are only sold to the military or law enforcement.

Contravening PEN 30600 attracts felony charges whose conviction results in 96 months of jail confinement or formal probation in place of incarceration. You will obtain an additional twelve months behind bars for transferring, selling, or loaning an assault weapon to a minor.

Possession of an assault weapon in violation of PEN 30605 is a wobbler. The DA has the discretion to file felony or misdemeanor charges. A guilty verdict for a misdemeanor attracts up to twelve months in jail, while a felony attracts a jail confinement of six months.

Violation of PEN 16590

PC 16590 is the statute that prescribes generally prohibited firearms and accessories. The law makes it a crime to produce, import, sell, distribute, lend, or possess these weapons. Generally prohibited weapons include:

• Short-barreled shotguns
• Unconventional pistols
• Undetectable guns
• Cane guns or firearms enclosed in objects to mimic walking canes
• Multiburst trigger activators
• Bullets with explosive agents
• Zip guns or firearms produced using miscellaneous material
• Camouflaging gun containers
• Wallet guns
• Guns not easily recognizable

A breach of PEN 16950 is a wobbler. When the prosecutor prefers misdemeanor charges, and you are convicted, you risk at most twelve months in jail and no more than $1,000 in court fines, while a felony conviction attracts at most 36 months of confinement and $10,000 in monetary court fines.

California Crimes Involving Firearms

On top of the discussed crimes, some offenses involve firearms and these, too, are categorized as gun crimes. They include:

• Brandishing a weapon
• Drive-by-shooting
• Utilizing a gun to commit a sex offense
• Possession of a firearm in breach of a court order
• Taking a firearm from a peace officer
• Shooting at an unoccupied aircraft
• Personal use of a gun to engage in a felony
• Aiding a felony using a gun
• Perpetrating a felony offense while in possession wearing a bullet-proof vest or having metal-piercing armor
• Causing bodily harm while brandishing a weapon
• Assault with a firearm

Possible Defenses to Gun Crime Charges and Allegations

You should take any California gun offense charge or allegation seriously because a conviction leads to life-altering consequences, including lengthy prison incarceration and significant court fines. Felony convictions also affect your gun ownership privileges. A criminal record from the sentence will also lead to severe collateral consequences. Thankfully, with an experienced criminal defense attorney, you can understand your charges and penalties. Additionally, the attorney will craft solid legal defenses to compel the court to drop or lower the charges. The common defenses your attorney will apply are:

1. You Had a Valid Permit

Possession, sale, production, transfer, and purchase of firearms must happen under strict regulation. Most allegations and charges relating to gun crimes occur because individuals lack valid permits. Therefore, depending on your case’s circumstances, your attorney can argue that you had a valid license, and thus, your actions do not amount to a violation.

2. You Were Defending Yourself or Another Party

If your charges are for a crime relating to the use of a firearm, like assault with a gun, you can claim that you were defending yourself or someone else from imminent danger of harm. However, for the defense to work, the attorney should show you reasonably believed you were in imminent threat of harm and therefore used reasonable force to repel the danger. If the use of a firearm is unreasonable or excessive force, the defense will not work.

3. Your Actions were not Deliberate

Some gun offenses, like carrying an unloaded gun, require the defendant to have acted willfully or intentionally. Therefore, if you did not know the unloaded weapon was on your person or car, you are innocent.

4. Police Misconduct

Gun charges are preferred after thorough investigations into allegations. Therefore, before the DA agrees to file gun-related charges, the police must conduct investigations and provide solid evidence. The officers must follow protocols when investigating these cases, and any misconduct could make the evidence illegal and, therefore, inadmissible in court.

For instance, the police require a valid search warrant to search you for a concealed or illegal firearm. If they search without a warrant, your attorney can file a petition requesting that the evidence be dismissed. With insufficient evidence, the court will throw out the case.

Find a Competent Gun Crimes Defense Attorney Near Me

If you are under investigation for a gun offense allegation or face charges for the same in San Diego, you require assistance from a competent defense attorney. Investigations into the allegations and court processes for the charges can be lengthy and complex, hence the need for guidance to navigate and streamline processes. At Law Offices of Anna R. Yum, we have the experience you require to defend against the charges aggressively. Call us at 619-493-3461 to evaluate your case.