California prosecutors adopt a firm stance on weapons crimes, prioritizing public safety. They aggressively prosecute illegal possession, use of firearms, and prohibited weapons. 

Prosecutors seek maximum penalties, leveraging enhancements for gang involvement or use in other felonies. They focus on deterring gun violence and enforcing strict state laws. This reflects California's commitment to reducing weapons-related crime.

For Example: Penal Code (PC) 29800

California Firearms Crimes Defense: Concealed Carry, Ghost Guns, and More

California has some of the strictest gun laws in the United States. Prosecutors treat firearm offenses seriously, and convictions can carry prison time, heavy fines, firearm bans, and immigration consequences.

From carrying a loaded gun in public to possessing “ghost guns” or banned assault weapons, California’s Penal Code outlines specific firearm offenses with harsh penalties. Defendants often face aggressive prosecution even for technical violations, such as failing to properly serialize a firearm.

If you’re accused of a gun crime, you need to understand the laws, defenses, and potential penalties.

• Makes it illegal to carry a concealed firearm on your person or in a vehicle.
   
• Knowledge of the firearm is required (prosecutor must prove you knew it was there).
   
• Penalties: Misdemeanor or felony depending on prior record, circumstances, or gang enhancements.
   

• Prohibits carrying a loaded firearm in a public place or vehicle.
   
• Applies if the stop or search was lawful.
   
• Penalties: Misdemeanor or felony depending on criminal history and circumstances (e.g., loaded gun in a high-crime area).

PC 4573 — Smuggling Contraband into Jail or Prison

Definition: PC 4573 makes it a felony to knowingly bring or send controlled substances, alcohol, or weapons (including ammunition) into a jail or prison.

Examples:

• Attempting to sneak bullets into a prison during visitation.
• Mailing contraband packages to inmates.

Penalties:

• Felony.
• 2, 3, or 4 years in state prison.

PC 30305 — Possession of Ammunition by a Prohibited Person

Definition: Prohibits felons, those with certain violent misdemeanor convictions, and individuals under restraining orders from possessing ammunition.

Examples:

• A convicted felon found with a box of 9mm rounds.
• A person under a domestic violence restraining order caught with shotgun shells.

Penalties:

• Felony.
• Up to 3 years in state prison.

PC 30306 — Sale or Transfer of Ammunition to a Prohibited Person

Definition: Criminalizes knowingly selling, giving, or supplying ammunition to a prohibited person.

Examples:

• Selling ammunition to a known felon.
• Transferring bullets to a person under a court-issued restraining order.

Penalties:

• Wobbler (misdemeanor or felony).
• Felony: Up to 3 years in state prison.

18 U.S.C. § 922(g)(1) — Federal Felon in Possession of Ammunition

Definition: Federal law makes it a felony for anyone convicted of a crime punishable by more than one year in prison to possess ammunition.

Examples:

• A felon caught with rifle cartridges during a traffic stop.
• Ammunition found in the home of someone with a prior felony conviction.

Penalties:

• Federal felony.
• Up to 10 years in federal prison, $250,000 fine.

• Prohibits firearm possession by people with prior felonies, certain misdemeanors (like domestic violence), or restraining orders.
   
• Covers constructive possession (e.g., firearm in a shared home or vehicle).
   
• Penalty: Felony → up to 3 years in state prison.
   

• Regulates homemade or unserialized firearms (“ghost guns”).
   
• Requires serialization of frames/receivers under strict deadlines.
   
• Restricts transfer, manufacture, or sale of unserialized weapons.
   
• Penalty: Misdemeanor or felony, depending on intent and circumstances.
   

• Criminalizes manufacturing, distributing, transporting, or possessing banned assault weapons and certain configurations (e.g., specific AR-15 setups).
   
• Penalty: Felony → up to 8 years in state prison.
   

• Prohibits manufacture, import, sale, or transfer of magazines holding more than 10 rounds.
   
• The law has been challenged in court repeatedly, leading to evolving enforcement practices.
   
• Penalty: Usually filed as a misdemeanor, but repeat or aggravating circumstances can trigger felony charges.
   

PC 626.10 — Firearms on College/University Grounds

Definition: Prohibits bringing firearms, stun guns, or tasers onto college or university property.

Examples:

• Carrying a pistol into a university classroom.
• Possessing a stun gun on campus without authorization.

Penalties:

• Wobbler (misdemeanor or felony).
• Felony: Up to 3 years in prison.

1. Illegal Search & Seizure
    
   • Police must have a lawful basis for the stop, search, or warrant.
      
   • Evidence obtained unlawfully can be suppressed.
      

1. No Knowledge / No Possession
    
   • Common in shared vehicles or homes. The prosecution must prove knowing possession.
      

1. Lawful Transport Exceptions
    
   • California law allows lawful transport of firearms if they are unloaded and properly stored (locked container, trunk).
      

1. Residency & Storage Defenses
    
   • Possession rules may differ for in-home use vs. public carry.
      

1. Serialization Compliance (PC 29180)
    
   • If you complied with deadlines or applied for serialization, charges may be reduced or dismissed.
      

1. Recharacterizing Conduct
    
   • Example: If only ammunition was involved, not the firearm itself.
      

1. Castle Doctrine (PC 198.5)
    
   • Provides a legal presumption of self-defense for using force against intruders in your home.
      
   • 🔗 This pillar should link out to your Castle Doctrine page as a spoke.
      

• Firearm registration and ownership records.
   
• Ballistics and forensic testing.
   
• Police body camera footage.
   
• Witness statements.
   
• Surveillance video.
   

• Permanent firearm ownership bans.
   
• Immigration removal or inadmissibility for non-citizens.
   
• Sentencing enhancements if a firearm is tied to another crime (drug sales, gang charges, violent crimes).
   
• Employment restrictions, especially in security or law enforcement-related fields.
   

Poseidon Defense APC defends firearm charges across Southern California, including:

• Los Angeles County: Beverly Hills, Santa Monica, Hollywood Hills, Westwood
   
• Orange County: Fullerton, Newport Beach, Irvine, Huntington Beach
   
• San Diego County: La Jolla, Rancho Santa Fe, Del Mar, Coronado
   

Firearm charges in California can carry life-changing consequences. At Poseidon Defense APC, we:

• Challenge illegal searches and invalid warrants.
   
• Fight constructive possession allegations in shared spaces.
   
• Defend against ghost gun and magazine charges in a rapidly changing legal environment.
   
• Protect clients accused of assault weapon or prohibited person possession charges.
   

📞 Contact us today: PoseidonDefenseLaw.com | 714-978-9988 (call or text)

This blog is for informational purposes only and does not create an attorney-client relationship. Each case is unique. For legal advice tailored to your situation, contact a qualified defense attorney.

• Q: Is a gun in a glove box “concealed”?
  A: Often yes; lawful transport generally requires a locked container and separation from ammo.
   
• Q: Can I carry loaded on my property?
  A: Home/property rules differ from public places—context matters.
   
• Q: What if I didn’t know a gun was in the car?
  A: Knowledge/possession is an element; we present evidence showing lack of awareness or control.
   

Gun charges in Los Angeles, Pasadena, Glendale, Santa Monica, Long Beach, Santa Ana, Newport Beach, Huntington Beach, Irvine? Call/Text 714-978-9988 • PoseidonDefenseLaw.com
Disclaimer: Informational only, not legal advice.