Firearm Possession, Carrying & Brandishing | Law Office of Aaron P. McAllister

In plain English

How serious is this?

The seriousness depends on the exact charge and the allegation that changes its classification. Some firearm offenses are straight felonies, some are misdemeanors, and some are wobblers that may be filed or sentenced as either. The same incident can also support more than one count.

Several counts from one incident A single firearm allegation can produce multiple charges. Depending on the facts, prosecutors may allege prohibited-person possession, concealed carrying, carrying a loaded firearm in public, unlawful ammunition possession, and brandishing as separate counts. Each count must be tested against its own elements.

The search often decides the case Where the firearm was found, who controlled the location, and why officers searched are often central. Body-camera footage, dispatch recordings, warrants, consent claims, vehicle access, and statements should be reviewed before anyone assumes that discovery of a firearm proves knowing possession.

Case reference — California firearm cases
Case reference	California firearm cases
Prohibited person	PC 29800 / 29805
Concealed carry	PC 25400
Loaded in public	PC 25850
Ammunition	PC 30305(a)(1)
Display or use	PC 417
Possession	Actual or constructive
Loaded required	Only for PC 25850
Strike	Usually not by itself

A possession or carrying count is not ordinarily a strike by itself. A separate assault, discharge, personal-use allegation, or felony brandishing theory can change that analysis. Wobbler reductions under PC 17(b) apply only where the charged statute authorizes misdemeanor treatment.

What it carries, on paper

Penalties — California firearm cases
Penalty	Range
PC 29800(a)(1)	Knowing firearm possession by a person with a qualifying felony or other status listed in the statute
PC 25400	Knowingly carrying a substantially concealed concealable firearm on the person or in a vehicle
PC 25850	Knowingly carrying a loaded firearm on the person or in a vehicle in the public location described by the statute
PC 29805	Firearm possession after a listed misdemeanor conviction during the applicable prohibition period
PC 30305(a)(1)	Knowing possession or control of ammunition by a person prohibited from possessing firearms
PC 417(a)(2)	Drawing or exhibiting a firearm in a rude, angry, or threatening manner, or unlawfully using it in a fight or quarrel

The filing level often turns on the client’s prior record, whether the firearm was stolen, whether the person lawfully possessed it, registration status, whether ammunition was readily accessible, the location, and whether the allegation involves display or use rather than possession alone.

The first few hours

Common mistakes people make early

Firearm cases are often built from a combination of the physical evidence, statements, location evidence, and a prior-conviction record. Early assumptions can make the case harder to defend.

Assuming the firearm had to be in your hand California recognizes constructive possession, which focuses on control or the right to control, not only physical contact.

Assuming an unloaded firearm cannot support a charge PC 29800, PC 29805, PC 25400, and PC 417 do not require the firearm to be loaded. Loading is an element of PC 25850.

Assuming registration decides possession Registration and possession are different questions. Registration status can affect punishment under PC 25400 or PC 25850, but another person’s registration does not automatically resolve who knowingly controlled the firearm.

Explaining the firearm before speaking with counsel Statements about ownership, access, location, or why the firearm was present may supply the knowledge or control evidence the prosecution otherwise lacks.

Ignoring the search issue A firearm may have been discovered after a vehicle stop, probation search, consent search, warrant search, or detention. The legal basis and scope of that search must be examined.

Changing or discarding evidence Do not alter, move, delete, or dispose of property, messages, photographs, or records connected to the investigation.

Contacting a witness to “clear things up.” That contact may be misunderstood or create a separate allegation. Route communications through counsel.

Before the first meeting

What to bring your lawyer

All arrest, citation, booking, bail, charging, and protective-order paperwork.
A careful timeline of the stop, detention, search, questioning, and seizure.
Any warrant, probation or parole terms, or paperwork officers relied on when searching.
Documents concerning the prior conviction or order alleged to create a firearm prohibition.
Registration, purchase, ownership, or permission records that may clarify lawful possession or control.
Names of occupants, witnesses, property owners, or others who had access to the location.
Available video, photographs, messages, dispatch information, or location evidence.

Mitigation packet · bring whatever applies

Where the evidence supports a negotiated resolution, prosecutors and courts will often need a fuller picture of the person beyond the allegation. Build the packet early.

Education · diplomas, transcripts, enrollment, training, or professional certifications.
Employment · proof of work, employer letters, professional history, or licensing concerns.
Family responsibilities · proof of dependants, caregiving, housing, and financial support.
Military service · service records and discharge papers.
Medical or mental health history · relevant records and proof of current care.
Voluntary steps · counseling, treatment, education, or other services connected to the circumstances.
Character and community · support letters, volunteer work, and evidence of stability.

What you can do now

Preserve all paperwork, messages, photographs, and video exactly as they are.
Write a private timeline for your attorney while events are still fresh.
Identify cameras, witnesses, dispatch calls, or records that may show how the search or detention unfolded.
Do not discuss the facts on social media or with witnesses.
Have counsel verify the exact conviction, date, disposition, and statutory prohibition the prosecution relies on.

The law — for counsel

Elements by charge

PC 29800(a)(1) / PC 29805 · CALCRIM 2510 or 2511

The People must prove that the defendant owned, purchased, received, or possessed a firearm; knew of that ownership, purchase, receipt, or possession; and had the qualifying conviction or status. For PC 29805, the prosecution must also prove the applicable timing requirement where the prohibition is limited to ten years. A misdemeanor PC 273.5 conviction on or after January 1, 2019 is treated separately under PC 29805(b) and is not written as a ten-year prohibition.

PC 25400(a) · CALCRIM 2520, 2521, or 2522

Depending on the prosecution theory, the People must prove that the defendant carried a concealable firearm on the person, carried it concealed within a vehicle under the defendant’s control or direction, or caused it to be carried concealed in a vehicle in which the defendant was an occupant; knew a firearm was being carried; and that the firearm was substantially concealed. The applicable PC 25400(c) sentencing allegation requires a separate finding under CALCRIM 2540–2546.

PC 25850(a) · CALCRIM 2530

The People must prove that the defendant carried a loaded firearm on the person or in a vehicle; knew that a firearm was being carried; and was then in a public place or public street in an incorporated city, or in a prohibited area of an unincorporated territory. Knowledge that the firearm was loaded is not an element. Any PC 25850(c) sentencing factor requires a separate finding.

PC 30305(a)(1) · CALCRIM 2591

The People must prove that the defendant owned, possessed, or had custody or control of ammunition; knew of that ownership, possession, custody, or control; and was within a class prohibited from possessing firearms. The applicable conviction and timing allegations must be proved or appropriately stipulated to.

PC 417(a)(2) · CALCRIM 983 and, when applicable, 984

The People must prove that the defendant drew or exhibited a firearm in the presence of another person in a rude, angry, or threatening manner, or unlawfully used it in a fight or quarrel. Where supported, the prosecution must also disprove self-defense or defense of another. For the public-place concealable-firearm allegation under PC 417(a)(2)(A), CALCRIM 984 supplies the additional findings.

Counterintuitive points

Actual handling is not required. Possession may be joint or constructive if the defendant exercised control or had the right to control the item, personally or through another person. CALCRIM 2510; People v. Azevedo (1984) 161 Cal.App.3d 235, 242–243.
Knowledge of prohibited legal status is generally not an element. The prosecution must prove knowing possession, not that the defendant correctly understood the legal effect of the prior conviction. People v. Snyder (1982) 32 Cal.3d 590, 592–593.
The firearm need not be operable. The instructions permit conviction where the device was designed to shoot and appeared capable of shooting. CALCRIM 2510, 2520, 2530; People v. Taylor (1984) 151 Cal.App.3d 432, 437.
Concealment need only be substantial. Complete invisibility is not required under PC 25400. CALCRIM 2520; People v. Wharton (1992) 5 Cal.App.4th 72, 75.
Knowledge that the firearm was loaded is not required under PC 25850. The knowledge element concerns carrying the firearm. People v. Dillard (1984) 154 Cal.App.3d 261, 266–267.
PC 25400(c) and PC 25850(c) allegations are sentencing factors. They require findings beyond the base carrying offense. People v. Hall (1998) 67 Cal.App.4th 128, 135; CALCRIM 2540–2546.
Brandishing does not require a loaded firearm. The other person’s actual awareness is also not an element, and the firearm need not be pointed directly at that person. CALCRIM 983; People v. McKinzie (1986) 179 Cal.App.3d 789, 794; People v. Sanders (1995) 11 Cal.4th 475, 542.

Where it escalates

The firearm-charge family

The code section determines whether the prosecution must prove prohibited status, concealment, loading, a public location, ammunition possession, or an act of display or use.

The firearm-charge family
Section	Core theory	Instruction / exposure
29800(a)(1)	Firearm ownership, receipt, possession, custody, or control after a qualifying felony or other listed status	CALCRIM 2510 / 2511 · felony · 16m / 2y / 3y
25400	Concealed concealable firearm on person or in vehicle	CALCRIM 2520–2522 · misdemeanor, wobbler, or felony depending on PC 25400(c)
25850	Loaded firearm on person or in vehicle in the public location specified by statute	CALCRIM 2530 · misdemeanor, wobbler, or felony depending on PC 25850(c)
29805	Firearm possession during a prohibition arising from a listed misdemeanor conviction	CALCRIM 2510 / 2511 · classification depends on subdivision and qualifying conviction
30305(a)(1)	Ammunition possession by a firearm-prohibited person	CALCRIM 2591 · wobbler
417(a)(2)	Rude, angry, or threatening display, or unlawful use in fight or quarrel	CALCRIM 983 / 984 · generally misdemeanor; elevated variants under PC 417(b)–(c)

PC 17(b) is available only for wobbler forms. PC 29800(a)(1) is a straight felony. One incident may support multiple convictions, while PC 654 and other sentencing rules may affect whether separate punishment is imposed.

Where it is fought

Jury instructions & litigation points

CALCRIM 2510 / 2511 govern prohibited-person possession based on a conviction. Stipulating to the prior generally sanitizes the nature of the conviction under People v. Sapp (2003) 31 Cal.4th 240 and People v. Valentine (1986) 42 Cal.3d 170.
CALCRIM 2514 addresses the narrow temporary-possession self-defense theory. CALCRIM 2510 also contains limited momentary and statutory justifiable-possession instructions when supported by the evidence.
CALCRIM 2520, 2521, and 2522 must match the exact PC 25400(a) theory: on person, within a controlled vehicle, or caused to be carried in an occupied vehicle.
CALCRIM 2530 requires careful proof of the statutory public location and whether the firearm met the legal definition of loaded.
CALCRIM 2540–2546 address the sentencing factors that can elevate PC 25400 or PC 25850 based on a prior conviction, stolen status, unlawful possession, prohibited status, or registration-related allegations.
CALCRIM 2591 requires knowing ammunition possession plus the prohibition allegation. Possession can be actual, constructive, or joint.
CALCRIM 983 / 984 govern misdemeanor brandishing and the additional public-place concealable-firearm finding. CALCRIM 3470 and related defense instructions apply where self-defense or defense of another is supported.

Common questions

FAQs

01Can I be charged if the firearm was not on me?

Yes, but the prosecution must still prove knowing possession or control. California recognizes constructive possession, which can exist without physically holding the firearm. The location, access, control over the area, statements, and evidence connecting the person to the firearm become important.

02Does the firearm have to be loaded?

Only PC 25850 requires a loaded firearm. Prohibited-person possession, concealed carry, and brandishing may be charged even when the firearm is unloaded.

03Is carrying a concealed firearm always a felony?

No. PC 25400 is a misdemeanor in cases not covered by the sentencing factors in subdivision (c). Prior convictions, stolen status, unlawful possession, prohibited status, and certain registration-and-ammunition facts can elevate the case to a wobbler or felony.

04Is carrying a loaded firearm always a felony?

No. PC 25850 is a misdemeanor when none of the subdivision (c)(1) through (6) factors is proved. Those factors can elevate the offense to a wobbler or felony.

05What if I did not know I was prohibited from possessing a firearm?

The prosecution must generally prove that you knowingly possessed the firearm, not that you understood the legal effect of the prior conviction. The validity, date, classification, and legal effect of the alleged prior should still be checked carefully.

06Can ammunition be charged separately?

Yes. PC 30305(a)(1) separately prohibits ammunition possession by a person who is prohibited from possessing firearms. It is common for firearm and ammunition counts to arise from the same search.

07Does showing a firearm automatically mean brandishing?

No. PC 417 requires the prosecution to prove a rude, angry, or threatening display in another person’s presence, or unlawful use in a fight or quarrel. Self-defense or defense of another may apply when supported by the evidence.

08Will one of these charges count as a strike?

The listed possession and carrying offenses are not ordinarily strikes by themselves. A felony involving personal firearm use, or a separate assault, discharge, or other serious-felony allegation, may change the analysis.

How we help

The first task is identifying what the evidence actually proves

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Draft — pending firm verification
Laid up 4 August 2026 by ByteZero Marketing from the firm's supplied charge-page template (31 July 2026), for review by the Law Office of Aaron P. McAllister. Every legal statement follows the firm's template wording; every legal figure to be verified against primary authority and approved before publication. Primary sources: Pen. Code §§ 25400, 25850, 26350, 29800, 417; CALCRIM 2520–2530, 983. To be revisited if the statutes or jury instructions change.

Law Office of Aaron P. McAllister — Aaron P. McAllister, Esq., responsible attorney. 3415 S Sepulveda Blvd, Suite 1100, Los Angeles, CA 90034. Attorney advertising. This page is general information about California law, not legal advice. Prior results do not guarantee a similar outcome. Submitting information through this website does not create an attorney–client relationship.