California’s Strict Gun Laws — Common Firearms Offenses and Penalties

California is widely regarded as having some of the toughest gun laws in the United States. While the Second Amendment protects the right to bear arms, California places extensive restrictions on how firearms can be purchased, carried, and used. Understanding these laws is essential because even well-meaning gun owners can find themselves facing criminal charges for conduct that might be legal in other states.

For anyone arrested on a firearms offense in Los Angeles or anywhere in California, the stakes are high. Convictions can result in steep fines, jail or prison time, and a permanent criminal record that affects employment, immigration, and civil rights. Here are some of the most common firearms offenses in California and the penalties they carry. If you are currently facing charges but have not secured legal representation, contact Kosnett Law Firm to schedule a free case evaluation with an experienced Los Angeles gun crimes defense lawyer.

Carrying a Concealed Firearm (Penal Code § 25400)

It is generally illegal to carry a concealed firearm in California without a valid Concealed Carry Weapon (CCW) license issued by the sheriff or police chief in your county of residence. To qualify, applicants must pass a background check, complete training, and show “good moral character.”

Carrying a concealed firearm without a permit is usually a misdemeanor punishable by up to one year in county jail and fines. However, the charge can be filed as a felony if certain aggravating factors are present, such as prior convictions, possession of a stolen firearm, or carrying without a permit while also engaging in another crime. Felony convictions can result in up to three years in state prison.

Carrying a Loaded Firearm in Public (Penal Code § 25850)

California also prohibits carrying a loaded firearm in public places, including on your person or in your vehicle, unless you are in your own home, business, or private property where you have permission. Violations are typically misdemeanors but can rise to felonies depending on the circumstances.

If the firearm is unregistered or the person is prohibited from owning guns due to a prior conviction, domestic violence restraining order, or mental health restriction, the penalties are far harsher.

Possession of an Assault Weapon or Large-Capacity Magazine

California bans the manufacture, sale, and possession of assault weapons as defined by Penal Code § 30600 and related provisions. These include certain semi-automatic rifles, pistols, and shotguns with specified features. There are limited exceptions for law enforcement, military personnel, and firearms lawfully registered before earlier ban deadlines.

Large-capacity magazines (those capable of holding more than 10 rounds) are also prohibited. Courts have gone back and forth on the constitutionality of this ban, but as of now, possession remains unlawful in most cases. Penalties for possessing an assault weapon can include up to eight years in state prison.

Prohibited Persons in Possession of Firearms (Penal Code § 29800)

Certain people are barred from owning or possessing firearms under California law. This includes anyone convicted of a felony, certain misdemeanors (such as domestic violence), and individuals subject to restraining orders.

Being a prohibited person in possession of a firearm is a felony offense punishable by up to three years in state prison. Federal law also mirrors many of these restrictions, which can compound the consequences.

Illegal Sales, Transfers, or Manufacturing

California requires nearly all firearm sales and transfers to go through a licensed dealer with background checks and mandatory waiting periods. Private “off the books” sales are illegal.

It is also unlawful to manufacture “ghost guns” — unserialized, untraceable firearms assembled from parts or kits — without complying with state registration requirements. Manufacturing or selling illegal firearms can lead to felony charges and lengthy prison terms.

Possession of a Firearm in a School Zone (Penal Code § 626.9)

California enforces strict “Gun-Free School Zone” laws. Bringing or possessing a firearm within 1,000 feet of a public or private K–12 school, without authorization, is a felony punishable by up to seven years in prison. This law applies even if the weapon is unloaded and locked in a case, unless an exemption applies.

Penalty Enhancements for Using a Firearm in a Crime

California law also enhances penalties for crimes committed with a firearm. Under Penal Code § 12022.5 and related sections, using a gun in the commission of a felony can add several years to a prison sentence. In serious cases such as robbery, carjacking, or assault, firearm use enhancements can lead to decades in prison under the state’s “10-20-Life” law.

Why Firearm Charges Are So Serious

A firearm offense is not just another criminal charge. It can have lasting consequences beyond jail or prison time. Convictions may lead to permanent loss of gun rights, immigration consequences for non-citizens, and significant restrictions on employment and professional licensing.

Prosecutors and judges in Los Angeles often take a hard stance on gun crimes, especially given California’s policy of strict regulation. That’s why having a skilled criminal defense attorney is critical if you are accused of violating state firearm laws.

Defending Against Firearm Charges in Los Angeles

Every case is different, and defenses depend on the circumstances. Possible strategies may include:

• Arguing that the firearm was discovered through an illegal search and seizure.
• Showing the defendant was legally exempt (for example, transporting the weapon lawfully).
• Challenging whether the firearm actually met the statutory definition of an “assault weapon.”
• Demonstrating a lack of knowledge or intent in cases of alleged possession.

At Kosnett Law Firm, we understand the complexity of California’s firearm statutes and the seriousness of the charges. We fight aggressively to protect our clients’ rights, freedom, and future.

Arrested on Gun Charges in L.A. County? Contact Kosnett Law Firm Today

California’s gun laws are among the strictest in the nation, and even minor violations can carry life-changing consequences. From carrying a concealed weapon without a permit to possessing a banned firearm or committing a crime while armed, the penalties are severe.

If you or a loved one has been arrested for a firearm offense in Los Angeles, don’t face the system alone. Contact Kosnett Law Firm today for a free consultation with an experienced criminal defense attorney who will stand up for your rights and build the strongest defense possible.