Protecting Your Rights Under California’s Strict Firearm Laws
At Simmons Wagner, LLP, we understand that charges involving firearms or other weapons can carry severe penalties under California law. Even a first-time offense may result in incarceration, steep fines, and the long-term loss of gun ownership rights. Our firm, based in Irvine and serving clients throughout Orange County and across the state, provides an experienced defense against the full spectrum of weapon-related charges. If you or a loved one is facing weapon or gun charges, call (949) 439-5857 for a confidential consultation.
Common Firearm & Weapon Offenses in California
California has some of the strictest firearm regulations in the nation. Common charges include:
Possession of a Firearm by a Prohibited Person (Penal Code § 29800)
- Felons, certain misdemeanor offenders, and individuals subject to restraining orders may be barred from possessing firearms or ammunition.
- Convictions can carry multi-year prison sentences and steep fines.
Carrying a Concealed Weapon (Penal Code § 25400)
- It is generally illegal to carry a concealed firearm without a valid permit, whether on your person or in a vehicle.
- Depending on prior criminal history and circumstances, the offense can be charged as a misdemeanor or felony.
Carrying a Loaded Firearm in Public (Penal Code § 25850)
- Prohibits carrying a loaded firearm on one’s person or inside a vehicle in a public place or on public streets.
- Can escalate to a felony if you are a prohibited person or have prior convictions.
Assault Weapon Violations (Penal Code §§ 30510, 30605)
- Possessing, manufacturing, importing, or selling specified assault weapons or .50 BMG rifles is heavily restricted in California.
- Penalties can range from fines and probation to years in prison, especially for repeat offenders.
Brandishing a Weapon (Penal Code § 417)
- Drawing, displaying, or using a firearm (or other deadly weapon) in a threatening or aggressive manner.
- May be charged as a misdemeanor or felony, depending on the context and whether the alleged victim was injured.
Firearm Enhancements
- California law imposes sentence enhancements when a firearm is used or discharged in the commission of another crime—potentially adding decades to a prison term under “use a gun and you’re done” statutes (Penal Code §§ 12022.53, 12022.5).
Potential Consequences
Jail or Prison Sentences
- Convictions for weapon charges may result in local jail confinement or state prison terms, especially for felonies or repeat offenses.
Fines & Fees
- Courts may impose significant fines, court fees, and restitution orders—even for first-time offenders.
Firearm Rights Restrictions
- A felony or certain misdemeanor convictions can trigger a lifetime ban on firearm possession.
- Violation of this ban can lead to new felony charges.
Immigration Consequences
- Non-U.S. citizens may face deportation, inadmissibility, or denial of naturalization if convicted of firearm offenses.
Impact on Future Opportunities
- A weapon-related conviction can hinder employment prospects, professional licensing, and housing options.
Our Approach
Immediate, Detail-Oriented Investigation
We examine the circumstances of your arrest, reviewing police reports, search warrants, and witness statements. Procedural errors—such as unlawful searches or lack of probable cause—can be grounds for dismissing or reducing charges.
Evaluating Your Eligibility & Defenses
Lawful Possession: Showing valid permits or demonstrating you had no knowledge the firearm was present.
Constitutional Rights: Arguing Fourth Amendment violations if evidence was seized without a valid warrant or probable cause.
Self-Defense or Necessity: In certain situations, California law allows limited justifications for possessing or displaying a weapon.
Negotiation & Advocacy
Depending on the facts, we may negotiate with prosecutors for charge reductions—especially if you have no prior record or if the weapon was not used in a crime. However, we are fully prepared to litigate in court if the prosecution fails to offer a fair resolution.
Protecting Your Future
We explore every avenue to prevent the long-term consequences of a firearm-related conviction. Where possible, we work to preserve your firearm rights, minimize incarceration, and protect your reputation and employment opportunities.
Why Choose Simmons Wagner, LLP in Irvine, CA, for Weapon & Gun Charges Defense?
- Extensive Criminal Defense Experience
Our attorneys have handled a broad range of firearm and weapon cases, from simple possession violations to aggravated offenses involving firearm enhancements. - Strategic Investigation & Legal Analysis
We partner with investigators, forensic experts, and ballistics specialists to identify weaknesses in the prosecution’s evidence and uncover mitigating circumstances. - Client-Centered Representation
We understand the stress these charges place on you and your family. Through open, consistent communication, we make sure you remain informed and involved in your defense strategy. - Local Knowledge, Statewide Reach
From our office in Irvine, we serve clients throughout Orange County and across California. We adapt our tactics to the local courts’ practices while leveraging a state-wide network of legal resources. - Commitment to Results
Whether aiming for a dismissal, reduced charges, or alternative sentencing, we pursue every available option to secure the best possible outcome for your case.
Contact Us
A gun or weapon charge can have serious, lasting consequences for your freedom and your future. Simmons Wagner, LLP is here to provide diligent, evidence-based defense, ensuring your rights remain protected. Call (949) 439-5857 today for a free, confidential consultation. Let us guide you through California’s complex firearm laws and vigorously advocate on your behalf every step of the way.