SAN BERNARDINO CRIMINAL DEFENSE · SINCE 1974
Gun and Weapons Charges Defense in San Bernardino
California’s firearm laws are detailed, and the same gun can lead to a misdemeanor for one person and a felony for another. How the firearm was found often matters as much as the charge itself.
Common firearm charges in California.
Prohibited person in possession
Penal Code section 29800 makes it a felony for a person with a felony conviction from any jurisdiction, a conviction for certain listed offenses, or an addiction to narcotics to own, purchase, receive, possess, or have custody or control of a firearm. Possession does not require the gun to be on your person. Prosecutors often argue “constructive” possession of a gun found in a car or home, which raises questions of knowledge and control. Other statutes add more prohibited categories, such as some misdemeanor convictions and restraining orders.
Concealed and loaded firearms
Section 25400 covers carrying a concealable firearm concealed on your person or in a vehicle you control or occupy. Section 25850 covers carrying a loaded firearm in a public place in an incorporated city or a prohibited area of an unincorporated county. Both are misdemeanors in the basic case. Both become felonies if, for example, the person has a prior felony, knew the gun was stolen, is an active gang participant, or is prohibited from having a firearm. Some situations, such as an unregistered handgun or certain prior convictions, allow either a misdemeanor or felony sentence. A valid license and other statutory exemptions can apply.
Short-barreled rifles and shotguns
Section 33215 prohibits making, importing, selling, giving, lending, or possessing a short-barreled rifle or shotgun, subject to limited exceptions. It can be sentenced as a misdemeanor or a felony.
Firearm enhancements added to other felonies.
A gun can also lengthen a sentence for another felony. Under section 12022(a)(1), being armed with a firearm during a felony adds one year, and it can apply to every principal if any one of them was armed. Section 12022(b)(1) adds one year for personally using a deadly or dangerous weapon. Section 12022.5 adds three, four, or ten years for personally using a firearm, and five, six, or ten years for an assault weapon or machinegun. Separate, longer enhancements under section 12022.53 apply to certain listed felonies.
A felony in which the person personally uses a firearm is a serious felony, and a firearm-use enhancement found true can make it a violent felony, so these allegations can create a strike. The court may strike a section 12022.5 enhancement in the interest of justice under section 1385.
How the gun was found often decides the case.
Most weapons cases begin with a traffic stop, a pat-down, or a search of a car or home. Under Penal Code section 1538.5, a defendant may move to suppress evidence from an unreasonable warrantless search or from a search under a defective warrant. Questions that often matter include:
- Whether officers had a lawful reason to stop or detain you in the first place.
- Whether a pat-down was supported by a reasonable belief that you were armed and dangerous.
- Whether consent was actually given and stayed within its limits.
- Whether a vehicle search or inventory followed the rules that apply.
- Whether a probation or parole search condition actually applied and was known to officers.
- Whether the warrant was supported by probable cause and properly carried out.
Section 25850 lets officers inspect a firearm in public to see whether it is loaded, and refusal is grounds for arrest, but that authority has limits. Suppression is not automatic, and excluding evidence does not end every case. The issue must be identified and raised properly.
California Penal Code sections in weapons cases.
| Code section | Why it matters |
|---|---|
| Penal Code § 29800 | Felony for a person with a felony conviction, certain listed convictions, or a narcotics addiction to own, possess, or control a firearm. |
| Penal Code § 25400 | Carrying a concealed firearm on the person or in a vehicle. A misdemeanor by default, a felony or alternative sentence in listed circumstances. |
| Penal Code § 25850 | Carrying a loaded firearm in public in a city or prohibited area. Also gives officers authority to inspect whether a firearm is loaded. |
| Penal Code § 33215 | Possessing or transferring a short-barreled rifle or shotgun. It can be sentenced as a misdemeanor or a felony. |
| Penal Code § 12022 | One-year enhancements for being armed with a firearm, or personally using a deadly weapon, during a felony. |
| Penal Code § 12022.5 | Three, four, or ten additional years for personal use of a firearm in a felony. The court may strike it in the interest of justice. |
| Penal Code § 1538.5 | Procedure to move to suppress evidence obtained through an unreasonable search or seizure. |
Classification often turns on the prior record, the type of firearm, registration, and where the gun was carried.
Weapons cases in San Bernardino County.
Firearm cases in the San Bernardino area are prosecuted by the San Bernardino County District Attorney and heard at the San Bernardino Justice Center, 247 W 3rd St. After arrest and booking, often at the Central Detention Center or West Valley Detention Center, the case proceeds to arraignment, and a felony case usually proceeds to a preliminary hearing. Court information is available from the San Bernardino Superior Court. James M. Glick has practiced criminal defense since 1974, and about 99% of his cases are in San Bernardino County.
Common gun and weapons charge questions
Is felon in possession of a firearm a felony in California?
Yes. Penal Code section 29800 makes it a felony for a person with a felony conviction, a conviction for certain listed offenses, or a narcotics addiction to own, purchase, receive, possess, or have custody or control of a firearm. Felony convictions from other states and federal court can count, subject to limited exceptions in the statute.
Is carrying a concealed gun a felony?
Often it is a misdemeanor. Carrying a concealed firearm under section 25400 becomes a felony in listed circumstances, such as a prior felony conviction, a known stolen gun, active gang participation, or being prohibited from having a firearm. Some situations, such as a loaded handgun not registered to you, can be sentenced either way. A valid license and statutory exemptions may apply.
Can gun charges be dropped if the search was illegal?
If a court grants a motion to suppress under Penal Code section 1538.5, the firearm and related evidence may be excluded. In many possession cases, that leaves the prosecution without enough evidence to proceed. Suppression depends on the specific facts of the stop or search, and the court decides whether the search was unreasonable. It is never automatic.
What if the gun was not mine?
Possession charges require proof that you knew about the firearm and had the right to control it, either directly or jointly with someone else. Being near a gun in a shared car or home is not the same as possessing it. Fingerprints, DNA, statements, and who had access are often key issues in these cases.
Will a weapons conviction affect my right to own guns?
Many convictions do. Any felony conviction triggers the lifetime prohibition under section 29800, and certain misdemeanors carry a separate prohibition period. Some court orders also restrict firearm possession. Ask your attorney how a proposed resolution would affect your firearm rights before you accept it.
Have the stop, the search, and the charge reviewed.
Tell the office what happened and when your next court date is. Call James M. Glick’s office at (909) 889-1446 to request a consultation.
Call the OfficeGeneral California legal information, reviewed 2026-10-18. The charge, facts, prior record, and law applicable to the case control the available defenses and remedies. Past results do not guarantee a similar outcome. Contacting the office does not establish an attorney-client relationship.