Weapons & Firearms Defense in California
Facing weapons or firearms charges in California? The stakes are high: prison time, permanent loss of firearm rights, substantial fines, and weapon forfeiture. California has some of the strictest gun laws in the nation. Contact our experienced Bay Area defense team immediately at +1 (800) 379-9330 for a confidential, free case review.
If you or a loved one are facing weapons or firearms charges in California, you need a skilled criminal defense attorney who understands the complex web of state and federal laws. At Ginny Walia Law Offices, we are Bay Area-based and specialize in defending persons accused of weapons and firearms offenses—including assault weapons charges, concealed carry violations, unlawful possession, and more. Whether you're searching for a "Bay Area weapons lawyer", "California firearms defense attorney", or "San Francisco gun crime lawyer", we are here to guide you.
Understanding California Weapons & Firearms Laws
California places some of the strictest weapons and firearms regulations in the U.S. Below are key areas every accused person—and every attorney—must know:
Prohibited Persons & Firearm Possession
Under California law, certain individuals are disqualified from purchasing, possessing, or acquiring firearms. These include persons convicted of felonies, specified domestic violence misdemeanors, or subject to certain protective orders.
If you're charged with a weapons offense, the prosecution will closely scrutinize your eligibility to possess firearms.
Assault Weapons & Feature-Based Bans
A major statute is Penal Code § 30605 (PC § 30605), which prohibits possession of assault weapons not registered or exempt.
Violation of Penal Code § 30605 is a "wobbler" offense—depending on the circumstances, it may be charged as either a misdemeanor or felony. If convicted as a felony, you may face prison time (16 months, 2 years or 3 years in county jail), fines up to $10,000, formal probation, forfeiture of the weapon, and loss of firearm rights. Even a misdemeanor assault-weapon conviction is serious (up to one year in jail, fine up to $1,000 plus weapon forfeiture).
Carrying Firearms: Concealed & Open Carry Rules
Under Penal Code § 25400 it is illegal to carry a concealed firearm in California unless you have a valid CCW permit. Transportation rules are also strict:
- For handguns: Must be unloaded and locked in the trunk or locked container while in vehicle.
- For rifles or shotguns: Must be unloaded when transported; special rules apply to registered assault weapons.
The issuance and regulation of CCW (Carrying a Concealed Weapon) licenses are governed by Penal Code § 26150-26235. A key update: Starting April 22, 2025, under a federal court preliminary injunction, non-California residents may be eligible for CCW licenses if they meet certain organization-membership criteria.
Note: Open carry is broadly prohibited in California except in limited rural areas, and local ordinances may further restrict it.
Facing weapons charges? Our experienced Bay Area defense team understands California's complex firearms laws and can build a strong defense strategy to protect your rights and your future.
Firearm Transfers, Purchases & New Laws
California has tightened rules around firearm transaction and transfer:
- You may not purchase more than one firearm within a 30-day period under older § 27535 rules—subject to legal challenge.
- New laws: AB 1587 (2023) and AB 1598 (2023) bring tighter regulation and education requirements.
- Recent reporting indicates a federal appeals court has struck down California's ammunition-background-check regime as unconstitutional.
Consequences of a Conviction
A weapons or firearms conviction in California carries severe and wide-ranging consequences:
- Jail or prison time (depending on misdemeanor vs felony and your record).
- Significant fines, potentially up to $10,000 or more for assault-weapon convictions.
- Forfeiture and destruction of the firearm involved.
- Loss of the right to possess firearms permanently or for a long period.
- Mandatory registration of certain firearms, revocation of CCW licenses, immigration consequences (for non-citizens), housing/employment impact.
- If the weapons offense is violent or qualifies as a "strike," it may trigger the "Three Strikes" law and subsequent enhancements.
Critical Warning: A weapons or firearms conviction can permanently strip you of your Second Amendment rights, affect employment in law enforcement or security, impact professional licenses, and create severe immigration consequences for non-citizens including deportation.
Why You Need a Local Bay Area Criminal Defense Firm
When facing weapons or firearms charges in California—especially in the Bay Area—the right attorney can make all the difference. Here's why our firm stands out:
- Bay Area / San Francisco & Surrounding Experience: We handle cases in Alameda, Contra Costa, Solano, Napa, Marin counties and have deep familiarity with local courts, prosecutors and bench practice.
- Complex Legal Landscape: Laws change frequently and your case may involve federal law (if interstate elements) or specialized state statutes (assault weapons, CCW, enhancements).
- Customized Defense Strategies: We evaluate every potential defense—illegal search & seizure (Fourth Amendment), lack of knowledge or constructive possession, constitutional challenges, plea alternatives.
- Focused on Outcomes: Whether your goal is to negotiate reduced penalties, avoid a felony conviction, reclaim firearm rights, fight enhancements, or simply get the best possible result, we align strategy with your objectives.
- Timely Local Representation: We are local, responsive and ready to act fast—because in weapons cases timing matters.
Our firm defends professionals, law enforcement personnel, security workers, and people with immigration concerns. We understand the collateral consequences of weapons convictions and work to minimize their impact.
Typical Weapons & Firearms Offenses We Handle
We represent clients charged with a wide array of firearms or weapons-related crimes, including but not limited to:
- Unlawful possession of a firearm or firearm by a prohibited person (PC § 29800)
- Possession, sale or manufacture of a machine gun or short-barreled rifle
- Illegal possession of an assault weapon (PC § 30605)
- Concealed carry without a permit (PC § 25400)
- Transportation of firearms unlawfully (PC § 25610, PC § 16850)
- Unlawful sale or transfer of firearms (including private-party transactions)
- Gun-use enhancements or enhancement charges attached to underlying crimes (e.g., using a firearm during robbery, assault, or other felonies)
- CCW license revocations or invalidity
- Firearms in violation of domestic violence restraining orders or extreme risk laws (also known as "gun violence restraining orders")
- Possession of unregistered assault weapons
- Federal firearms charges (interstate transport, felon in possession)
What to Expect in a Weapons/Firearms Case
Here's a general overview of the process when you're charged with a weapons or firearms offense in California:
- Arrest & Booking – Once charged, you will be booked; bail or release conditions may be set.
- Initial Appearance / Arraignment – You'll appear in court, plea entered, bail reviewed, counsel appointed or retained.
- Investigation & Discovery – Your defense attorney will review evidence: firearm type, possession details, search & seizure, chain of custody, whether you were a prohibited person, was knowledge proven, transportation issues, etc.
- Pre-Trial Motions – Defense may file motions e.g., to suppress evidence (illegal search/seizure), challenge whether the firearm qualifies as an assault weapon, question the constitutionality of application of statute, etc.
- Plea Negotiations or Trial – Depending on strength of case, prosecution willingness, prior record, you may negotiate a plea (to lesser charge, avoid felony) or proceed to trial.
- Sentencing / Resolution – If convicted, the court will impose sentence, fines, firearm forfeiture, probation or custody time. Additional collateral consequences (firearm rights loss) will apply.
- Post-Conviction Issues – You may pursue appeals, expungement (if eligible), or restoration of firearm rights (rare and difficult in California).
Why Early Defense Matters: In firearms cases, the best time to engage a defense attorney is immediately after arrest or even when you first suspect you may be under investigation. Evidence suppression issues (illegal search) can only be addressed early. Prosecutors often extend sentences or enhancements if prior record or delay. Firearm confiscation or forfeiture may happen quickly. Being proactive allows negotiation pre-trial, better leverage rather than reactive posture.
Defense Strategies We Use
- Fourth Amendment violations: Challenging illegal searches and seizures, warrant issues, or unlawful vehicle stops.
- Lack of knowledge or constructive possession: Proving you didn't know about the firearm or didn't have control over it.
- Constitutional challenges: Attacking the constitutionality of assault weapon bans or other firearms restrictions under recent Supreme Court precedent.
- Firearm classification disputes: Challenging whether a weapon qualifies as an "assault weapon" or other prohibited category.
- Prohibited person status: Challenging the underlying conviction or order that makes you a prohibited person.
- Transportation compliance: Demonstrating you were in compliance with transportation rules.
- Plea negotiations: Negotiating for reduced charges, avoiding felony convictions, or alternative sentencing.
- Enhancement challenges: Fighting gun-use enhancements attached to underlying crimes.
Why Choose Ginny Walia Law Offices
- Over 20 years of legal experience in Bay Area criminal defense, including complex weapons cases.
- Deep knowledge of California's weapons statutes, evolving case law, and local court procedures in San Francisco, Oakland, San Jose, and throughout the Bay Area.
- Proven track record handling both state and federal firearms charges, including assault weapons, CCW violations, and prohibited person cases.
- Strategic focus on protecting your Second Amendment rights, employment, professional licenses, and immigration status.
- Aggressive motion practice: Fourth Amendment suppression, constitutional challenges, and pre-trial litigation.
- Client-first approach with transparent pricing and clear communication throughout your case.
Localized Representation Across the Bay Area
Looking for a "weapons lawyer near me" or "Bay Area firearms defense attorney"? Our firm defends PC § 25400 concealed carry, PC § 29800 prohibited person, PC § 30605 assault weapons, gun enhancements, and federal firearms charges across:
- San Francisco
- Oakland, Berkeley, Hayward, Fremont (Alameda County)
- San Jose, Santa Clara, Palo Alto, Sunnyvale (Santa Clara County)
- Walnut Creek, Martinez, Concord, Richmond (Contra Costa County)
- Redwood City, San Mateo, Daly City (San Mateo County)
- Vallejo, Fairfield (Solano County)
- Napa (Napa County)
- San Rafael (Marin County)
- Santa Rosa (Sonoma County)
