California has some of the strictest firearm regulations in the United States, and violations of these laws, especially in Los Angeles, can result in severe criminal charges, mandatory sentencing enhancements, and long-term consequences. Whether you're a first-time offender or have prior convictions, being arrested for unlawful possession of a firearm is not a matter to take lightly.
At Perlman & Cohen, we understand the nuances of California’s weapons laws and how law enforcement aggressively prosecutes gun-related offenses. In this guide, we break down the core laws surrounding unlawful firearm possession, common legal pitfalls, and how our experienced defense team can help protect your rights, your freedom, and your future.
Under California Penal Code § 29800, it is illegal for certain individuals to own, possess, purchase, or receive a firearm. The law applies broadly and includes not only traditional handguns but also rifles, shotguns, and other firearms.
You may be charged with unlawful possession if you fall into any of the following categories:
Possession doesn’t always mean ownership. Courts may also prosecute based on constructive possession—for example, if a gun is found in your home or vehicle and prosecutors believe you had control over it.
California recognizes several types of illegal firearm possession. Some of the most common charges include:
This is one of the most serious firearm possession charges. If you have a prior felony conviction or certain violent misdemeanor convictions and are found with a firearm, you face a felony charge punishable by up to 3 years in state prison.
Even if you are otherwise eligible to possess a firearm, carrying it concealed in your vehicle or on your person without a valid concealed carry permit is a crime. This can be charged as a misdemeanor or felony depending on the circumstances.
California bans the possession of specific firearms considered “assault weapons” and requires registration of all firearms. Possessing an unregistered or prohibited weapon can lead to felony charges.
Carrying a loaded gun in a public place is generally prohibited unless you are licensed. This charge often accompanies other offenses such as traffic stops or altercations.
Even without a felony conviction, individuals identified as narcotic addicts by the court may be prohibited from possessing firearms.
The penalties for firearm possession crimes vary depending on the statute under which you're charged and your criminal history. However, they generally include:
Additionally, a conviction may lead to:
Our clients are often charged with unlawful firearm possession under circumstances they never expected. Some of the most frequent scenarios include:
Even if you did not intend to break the law, you can still face criminal charges if law enforcement believes the firearm was under your control and you are a prohibited person.
In some cases, federal law may overlap with California’s state statutes—especially if the firearm crossed state lines, was used in a federal crime, or the accused is prohibited under federal law (e.g., due to immigration status, dishonorable military discharge, or restraining orders).
Under 18 U.S. Code § 922(g), possessing a firearm as a prohibited person is a federal felony punishable by up to 10 years in federal prison.
At Perlman & Cohen Los Angeles Criminal Lawyers, our attorneys are well-versed in state court procedures. We are prepared to defend our clients in either venue or coordinate between jurisdictions when federal charges are possible.
Our team begins each case with a detailed review of the facts, the arrest procedure, and the client’s criminal history. We approach firearm cases with the same level of intensity as serious felonies because of how significantly a conviction can impact your life.
We also explore mitigating factors, such as lack of criminal history, family responsibilities, or past trauma and negotiate with prosecutors for alternatives like diversion, reduced charges, or probation.
Some firearm possession cases are charged as misdemeanors, but don’t let that fool you—these charges can have outsized effects on your life. A single conviction could lead to immigration issues, firearm bans, professional licensing problems, and increased penalties if you’re ever charged with another crime.
It’s critical to act quickly and get a defense team involved before charges are filed. Early intervention often gives us the best opportunity to negotiate, challenge the evidence, or keep the case out of court entirely.
Our firm has successfully defended clients in hundreds of weapons-related cases throughout Los Angeles County. We offer:
We understand that every case is unique. Our goal is not just to defend you—but to position you for the best possible future.
A gun charge can follow you for life. Whether you’re facing a first-time misdemeanor or a serious felony accusation, the attorneys at Perlman & Cohen Criminal Lawyers are here to help. We bring deep experience, courtroom confidence, and personalized strategy to every case we handle.
Call (323) 487-7126 to schedule a confidential consultation today.
Your freedom, your record, and your rights are worth fighting for—and we’re ready to fight for you.
