If you’re facing gun-related charges in California, you’re up against some of the toughest firearm laws in the country. At Tiemann Defense, our experienced criminal defense attorneys serve clients in Sacramento, Placer, and El Dorado counties, fighting aggressively to protect your rights under California’s complex Penal Code statutes.
Common California Gun Charges Under the Penal Code
Below are key California gun laws that we regularly defend against:
Penal Code § 25400 – Carrying a Concealed Firearm
It is illegal to carry a concealed firearm on your person or in your vehicle without a valid permit. This can be charged as a misdemeanor or felony depending on the circumstances.
Penalties may include:
- Up to 1 year in jail (misdemeanor)
- Up to 3 years in state prison (felony)
- Loss of gun ownership rights
Penal Code § 25850 – Carrying a Loaded Firearm in Public
This statute prohibits carrying a loaded firearm in public places or in a vehicle. Law enforcement will check if the firearm is registered.
Enhancements apply if:
- You are not the registered owner
- The gun is stolen
- You are in a prohibited location (e.g., school zones)
Penal Code § 29800 – Felon in Possession of a Firearm
Anyone with a prior felony conviction or certain misdemeanor offenses involving violence or firearms is prohibited from owning or possessing a firearm.
Felony penalties include:
- 16 months to 3 years in prison
- Additional time if the weapon was used in the commission of a crime
Penal Code § 30600 – Possession of Assault Weapons
Under California’s Assault Weapons Control Act, it is a felony to manufacture, distribute, transport, or possess assault weapons or .50 BMG rifles.
This charge may lead to:
- Long-term prison sentences
- Permanent firearm restrictions
Penal Code § 417 – Brandishing a Firearm
Displaying or using a firearm in a threatening or rude manner is considered “brandishing” and can be charged as a misdemeanor or felony.
Penalties may include:
- 30 days to 3 years in jail
- Firearm seizure
- Probation or community service
Defense Strategies for Gun Charges
Our defense strategies vary depending on the circumstances, but may include:
- Unlawful search and seizure (4th Amendment violations)
- Lack of knowledge about the firearm
- Permitted possession or transport
- Mistaken identity
- Self-defense or lawful use of force
We carefully examine all aspects of the case to build a strong defense and aim for dismissal, reduced charges, or alternative sentencing.
Why Choose Us for Gun Crime Defense in Sacramento, Placer, and El Dorado Counties?
- Local court experience in Sacramento, Roseville, Auburn, Placerville, and surrounding areas
- Aggressive legal representation tailored to your unique situation
- Proven success in firearm-related criminal defense cases
- 24/7 availability and responsive communication