Gun Charges in Los Angeles: Possession, Carrying and Brandishing
PC §§ 29800(a)(1), 25400, 25850, 29805, 30305(a)(1), 417 · CALCRIM 2510, 2520–2522, 2530, 2591, 983
What each charge means, what it can carry, and how these cases are defended.
We defend people charged with crimes in Los Angeles, Orange and Riverside counties. We do not file lawsuits or represent victims.
In plain English
Gun charges are a family of separate crimes
Gun cases in California aren't one crime. They're a family of separate charges, and the exact charge decides almost everything: whether it's a misdemeanor or a felony, what the prosecution has to prove, and what you're really facing. Being prohibited from having a gun, carrying it concealed, carrying it loaded in public, having ammunition, and showing it during an argument are all different offenses. One incident often leads to several of them at once.
The good news: gun cases are often search cases. How the police found the gun, and whether it was really yours, is frequently where they're won.
At a glance
How serious is this?
It depends on the exact charge and on your record. Here's what each one can carry under California law:
| Section | Charge and what it means | Misdemeanor or felony? | What it can carry |
|---|---|---|---|
| PC 29800 | Prohibited person with a gun. Having a gun after a felony conviction or other lifetime ban | Felony only | 16 months, 2 or 3 years |
| PC 29805 | Gun during a misdemeanor ban. Having a gun within a ban that follows certain misdemeanors | Misdemeanor or felony | Up to 1 year in jail, or 16 months to 3 years |
| PC 25400 | Concealed carry. Hiding a handgun on you or in a car | Usually a misdemeanor. Felony if the gun was stolen, you're prohibited, or you have a prior felony | Up to 1 year in jail. As a felony, 16 months to 3 years |
| PC 25850 | Loaded gun in public. A loaded gun on you or in a car in a public place | Usually a misdemeanor, with the same felony triggers | Up to 1 year in jail. As a felony, 16 months to 3 years |
| PC 30305 | Ammunition by a prohibited person. Having bullets when you're barred from guns | Misdemeanor or felony | Up to 1 year in jail, or 16 months to 3 years |
| PC 417(a)(2) | Brandishing. Showing a gun in a rude, angry or threatening way | Misdemeanor | At least 3 months in jail |
| PC 417(c) | Brandishing at a police officer. Drawing a gun on an officer on duty | Misdemeanor or felony | 9 months to 1 year in jail, or 16 months to 3 years |
These are base ranges. Your record and the details, like whether the gun was loaded, registered to you or stolen, can push a charge up a level.
One incident, several charges
A single traffic stop can lead to four or five counts: prohibited possession, concealed carry, loaded carry, ammunition and more. Each count has to be proven on its own, and California law usually prevents being punished twice for the same act (PC 654).
Raising the stakes
What can make it much more serious
Gun enhancements. If you're charged with another felony and a gun was involved, extra prison time can be added on top:
- +1 year for being armed during a felony
- +3, 4 or 10 years for personally using a gun in a felony
- 10, 20 or 25 years to life for using or firing a gun in a serious felony such as robbery (PC 12022.53)
Since 2018, judges can dismiss these enhancements or replace them with a lesser one, which makes them a major focus of negotiation and sentencing. Personally using a gun can also make the underlying felony a strike. What counts as a strike →
Strikes. Possession and carrying charges are usually not strikes on their own. Assault with a firearm, shooting into a building or car, and felonies where you personally used a gun are.
After the case
Your right to own a gun after a case
A conviction can take away your gun rights. That is often the consequence people care about most.
| Outcome | Effect on gun rights |
|---|---|
| Any felony | Lifetime ban |
| Many misdemeanors | Ten-year ban, including brandishing, criminal threats, and certain assault and battery offenses |
| PC 273.5 (DV) | Domestic violence, since 2019: lifetime ban under California law. Federal law bans gun possession after any domestic-violence misdemeanor. |
| A restraining order | No guns while it's in effect |
That's why resolving a case to a charge that doesn't trigger a ban can matter as much as the sentence.
Outside the courtroom
Beyond state court
- Federal charges. Having a gun after a felony is also a federal crime (18 U.S.C. 922(g)), punishable by up to 15 years. Federal prosecutors sometimes take over cases from state court.
- Immigration. If you aren't a U.S. citizen, almost any firearm conviction can make you deportable, including a misdemeanor. Tell your lawyer your immigration status at the start.
- Licenses and jobs. Professional licenses, security guard cards and some jobs can be affected.
The defense
How these cases are won or resolved
- Challenge the search. If the stop or search was illegal, the gun can be thrown out (a PC 1538.5 motion), and the case often goes with it.
- Challenge the possession. A gun in a shared car or room doesn't prove it was yours. The prosecution has to prove you knew about it and controlled it.
- Reduce the charge. Many gun charges are "wobblers" that can be reduced to misdemeanors (PC 17(b)).
- Diversion. Some misdemeanor gun cases qualify for diversion. Complete the program and the case is dismissed (PC 1001.95). This isn't available for domestic-violence or stalking cases.
- Limit the enhancements. Ask the judge to dismiss or reduce gun enhancements.
- Mitigation. A strong packet showing who you are supports every one of these.
The first few hours
Common mistakes people make early
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, search, questioning and seizure
- Any warrant, probation or parole terms officers relied on
- Documents about the prior conviction or order said to create the ban
- Registration, purchase, ownership or permission records
- Names of anyone else who had access to the car or place
- Any video, photos, messages or location evidence
Mitigation packet · bring whatever applies
Education, employment, family responsibilities, military service, medical or mental health history, voluntary steps like counseling or treatment, and character letters. Build it early.
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.
| 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.
Los Angeles County
Gun charges in Los Angeles
Firearm cases in LA often start with a traffic stop or a search of a car or home. How the gun was found is usually the first thing to test.
| In LA | What it means for you |
|---|---|
| Who files | The District Attorney for felony gun charges; inside LA city limits, the City Attorney for misdemeanor carrying and storage charges. |
| The search | Whether the stop and the search were lawful can decide the case. We get the body-cam and the report first. |
| Where heard | Foltz downtown, Compton and Long Beach for South LA and the South Bay, Van Nuys and San Fernando for the Valley. |
We take cases from across Los Angeles County, including Downtown LA, Koreatown, Hollywood, Echo Park and Boyle Heights; Torrance, Long Beach, San Pedro, Inglewood, Hawthorne and Compton; Van Nuys, North Hollywood, Sherman Oaks, Burbank, Glendale and San Fernando.
Common questions
FAQs
01Can I be charged if the firearm was not on me?
Yes. California allows “constructive possession,” meaning the prosecution claims you had control over the gun, for example in your glovebox, bag or bedroom. But being near a gun isn't enough. When a car or home is shared, the question of who actually knew about and controlled the gun is often the strongest defense.
02Does the firearm have to be loaded?
Only for carrying a loaded gun in public (PC 25850). Prohibited possession, concealed carry and brandishing can all be charged with an unloaded gun. Ammunition nearby can still raise the charge level.
03Is carrying a concealed firearm always a felony?
No. It's usually a misdemeanor, up to a year in jail. It becomes a felony if the gun was stolen, you're barred from having guns, or you have a prior felony. It can also be filed either way if the gun was loaded and not registered to you, or you have certain prior convictions. A valid concealed-carry permit is generally a defense.
04Is carrying a loaded firearm always a felony?
No. It follows the same pattern as concealed carry: usually a misdemeanor, a felony when certain factors apply. It also only applies in a public place, as the law defines it.
05What if I did not know I was prohibited from possessing a firearm?
Under California law, that usually isn't a defense. The prosecution has to prove you knew you had the gun, not that you understood your prior conviction banned you. It's still worth checking whether the prior conviction or order really creates a ban, and whether a ten-year ban had ended.
06Can ammunition be charged separately?
Yes. If you're already barred from having guns, you're also barred from having ammunition (PC 30305). It can be charged as a separate count, even with no gun involved.
07Does showing a firearm automatically mean brandishing?
No. Brandishing means displaying a gun in a rude, angry or threatening way, or using it in a fight. Showing it calmly, or drawing it in lawful self-defense, is not brandishing. If self-defense is raised, the prosecution must disprove it.
08Will one of these charges count as a strike?
Usually not by themselves. Possession and carrying charges aren't strikes. But a felony where you personally used a gun, assault with a firearm, and shooting into a home or car are, and so are felonies with a 10-20-life gun enhancement. What counts as a strike →
How we help
The first task is identifying what the evidence actually proves
Firearm cases are search cases more often than they are gun cases. Before anything else we look at how the officer came to be there: the basis for the stop, the scope of the search, whether consent was given or assumed, and whether the firearm was ever actually in your possession rather than in a car or a room you happened to be in.
We appear across Los Angeles County Superior Court in all districts: Airport, Downtown (CCB and Metro), Van Nuys, Long Beach, Pasadena, Torrance, Inglewood, Compton, Downey, Norwalk, Alhambra, Bellflower, West Covina, Pomona, San Fernando, and the rest of the county. We also appear in Orange County and Riverside County courts.
Suppression under Penal Code 1538.5 is litigated early, and how that motion lands shapes everything after it. Aaron and Bianca both appear, and the file stays with them.
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.