Facing Gun or Weapons Charges in the Inland Empire?

You are booked and held until you post bail or see a judge. If you stay in custody, you must be brought to court for arraignment, usually within 48 hours, not counting Sundays and holidays. At arraignment, the judge reads the charges, takes your plea and rules on bail or release. Police usually keep the gun as evidence, and the prosecutor can also file charges later if you were released. The sooner we’re involved, the sooner we can start working on your case.

Most gun cases we see start with carrying a loaded gun in public (PC 25850) or carrying a concealed gun (PC 25400). Other common charges are having a gun while prohibited, such as after a felony conviction, and brandishing a gun or other deadly weapon.

Prosecutors can also charge having hard drugs such as methamphetamine, cocaine, heroin or fentanyl while armed with a loaded gun (HS 11370.1), or add a gun allegation to another felony, such as robbery, which can add years to the sentence.

It depends on the charge and your record. Carrying a loaded gun in public or a concealed gun is usually a misdemeanor, with up to 364 days in county jail and a fine of up to $1,000. The same charges are always felonies, with 16 months, two or three years, if you have a prior felony conviction, the gun was stolen, you actively participate in a criminal street gang, or you are not allowed to have a gun. Some, such as carrying a loaded handgun you are not the registered owner of, can be filed either way. Having a gun while prohibited, such as after a felony conviction (PC 29800), is always a felony.

Yes. Any felony conviction brings a lifetime ban on owning or having a gun. Many misdemeanors bring a 10-year ban, including brandishing, assault, battery, criminal threats and stalking, and so can a misdemeanor conviction for carrying a loaded or concealed gun on or after January 1, 2024 (PC 29805). A misdemeanor domestic violence conviction under PC 273.5 on or after January 1, 2019 brings a lifetime ban. Having a gun during a ban is a new crime, so the plea itself matters.

Only in limited ways. Carrying a concealed handgun in a car is a crime unless an exemption applies. A handgun that is unloaded and locked in the trunk or in a locked container is not covered (PC 25610), and a gun counts as loaded if there is a live round in it or in a magazine attached to it (PC 16840). A valid CCW license allows carrying as the license permits. The concealed and loaded carry laws also don’t apply in your own home, place of business or on private property you lawfully possess (PC 25605). Because the rules turn on details, tell us exactly where the gun and the ammunition were.

Brandishing means drawing or showing a deadly weapon or gun in a rude, angry or threatening manner in front of someone, or using it in a fight, except in self-defense (PC 417). Brandishing a weapon other than a gun carries at least 30 days in county jail, and brandishing a gun at least three months. It can be a felony if it happened in front of an on-duty peace officer, or with a loaded gun at a day care center or youth program while it was open. Prosecutors sometimes charge assault with a deadly weapon instead, so getting a charge reduced to brandishing is often a goal.

A gun allegation adds prison time on top of the sentence for the charge. Personally using a gun in a felony adds 3, 4 or 10 years (PC 12022.5). For robbery, carjacking and other listed felonies, personally using a gun adds 10 years, firing it adds 20 years, and firing it and causing great bodily injury or death adds 25 years to life (PC 12022.53). Personally using a gun also makes a felony a strike (PC 1192.7(c)(8)). The judge can strike these allegations in the interest of justice, so how the case is presented at sentencing matters.

No. Politely decline to answer questions and ask for a lawyer. Statements you make to police are often the strongest evidence in the case, even when you think they help you, especially about who owned the gun or whether you knew it was there. Don’t discuss the case by text, email, social media or jail phone calls. All of it can be recorded and used.

It depends on the evidence. Common defenses include:

• The stop or search was unlawful, so the gun can be thrown out as evidence (PC 1538.5)
• You did not know the gun was there, for example in a shared car or a borrowed bag
• The gun was not loaded as the law defines it, or was not concealed
• You were in your home, business or on private property you lawfully possess, or the gun was unloaded and locked in the trunk or a locked container
• A prior conviction does not qualify to make the charge a felony or to ban you from having a gun
• For brandishing, you acted in self-defense or in defense of someone else

We review the police report, body camera video, the gun’s registration record and how the search happened.

Often, yes. Depending on the evidence, charges may be dismissed, never filed, or reduced to a lesser charge. Many gun charges can be filed as a misdemeanor or a felony, and a felony can often be reduced to a misdemeanor (PC 17(b)). Some misdemeanor cases may be eligible for diversion, which ends in dismissal (PC 1001.95). If you are convicted and complete probation, you may be able to have the conviction dismissed under PC 1203.4, but that does not restore the right to own or have a gun. For non-citizens, talk to us before entering any plea.