Weapon or firearm charge in California: what are the charges and who loses gun rights?

Two charges that come up often in California are carrying a concealed firearm (Penal Code § 25400) and carrying a loaded firearm in public in a city (§ 25850). For a registered owner with no record, each is usually a misdemeanor with up to one year in county jail and a $1,000 fine; priors, a stolen gun or a prohibited status can make it a felony. A felony conviction anywhere bars owning a firearm (§ 29800), and listed misdemeanors bar it for 10 years (§ 29805).

Gun cases in Orange County often start with an ordinary traffic stop: a pistol in the center console, a magazine in a bag, a rifle in the trunk. Others start because of something else entirely, such as a domestic violence arrest or a protective order that requires firearms to be turned in. This page explains the main California carrying and possession charges, who loses gun rights and for how long, and how these cases move through the Orange County courts. It sits under the firm's criminal defense and family law practice areas.

How a weapon case moves in Orange County, step by step

1. The stop or the search. Officers may examine a firearm carried in public to see whether it is loaded, and refusing to allow that inspection is probable cause for arrest (§ 25850(b)). An officer may arrest without a warrant for carrying a loaded firearm (§ 25850(g)).
2. Records check. Whether the person is listed with the California Department of Justice as the registered or recorded owner of the handgun changes the penalty (§§ 25400(c)(6), 25850(c)(6)). So does any prior conviction or prohibited status.
3. Booking and release. A misdemeanor carrying case may end with a citation; a felony allegation usually means booking and bail from the county schedule until a judge sets it. The page on how bail and release work in California explains that step.
4. Charging. The prosecutor chooses among the carrying sections, the possession bans in §§ 29800 to 29900, and any related charge, such as assault with a firearm under § 245(a)(2).
5. Arraignment. Misdemeanors from Irvine, Newport Beach, Laguna Niguel, Mission Viejo and the rest of south county are heard at the Harbor Justice Center, 4601 Jamboree Road, Newport Beach. Felony hearings for every Orange County city are held at the Central Justice Center in Santa Ana.
6. Pretrial and resolution. The defense reviews why the car was stopped, how the firearm was found, the ownership records and any prior case, and the case is resolved by dismissal, plea or trial.

Concealed and loaded are two different charges

Section 25400 is about concealment. A person commits it by carrying a pistol, revolver or other concealable firearm hidden on the person, or concealed within a vehicle under the person's control, or by causing one to be carried concealed in a vehicle they occupy (§ 25400(a)). A firearm carried openly in a belt holster is not concealed for this purpose (§ 25400(b)). Section 25850 is about whether the gun is loaded: carrying a loaded firearm on the person or in a vehicle in any public place or public street in an incorporated city, or in a prohibited area of an unincorporated area (§ 25850(a)). One gun in a car can lead to both charges.

In the ordinary case, a registered owner with no record, no other aggravating fact and no license or exception that applies falls in paragraph (7) of each statute: up to one year in county jail, a fine up to $1,000, or both. Even so, the conviction is not minor. Since 2024, a misdemeanor conviction under paragraphs (5), (6) or (7) of either section brings a 10-year ban on having any firearm (§ 29805(f)). And a person with a prior conviction for certain listed misdemeanors faces at least three months in county jail, except in unusual cases (§§ 25400(d), (e); 25850(d)).

What changes the answer?

• Prior record. A prior felony makes carrying a felony (§§ 25400(c)(1), 25850(c)(1)), and simple possession of any firearm by a person with a felony conviction is itself a felony (§ 29800(a)(1)). The statute covers felony convictions under the laws of any other "state, government, or country", so a conviction outside the United States can matter; whether a particular foreign conviction counts is a question to review with your attorney.
• Registration. Not being listed with the Department of Justice as the owner of the handgun moves the charge to paragraph (6), a wobbler (§§ 25400(c)(6), 25850(c)(6)).
• A stolen gun. Knowing or having reason to believe the gun was stolen makes either charge a felony (§§ 25400(c)(2), 25850(c)(2)).
• A protective order. A person subject to a criminal protective order may not own, possess, buy or receive a firearm while it is in effect, and the court orders relinquishment (§ 136.2(d)(1), (2)); family court orders also cover ammunition (Family Code § 6389(a)). These orders come up in the cases on the page about domestic violence charges in California.
• Using the gun. Pointing or using a firearm in a confrontation can be charged as assault with a firearm, two, three or four years in state prison, or six months to one year in county jail (§ 245(a)(2)). The page on assault and battery charges covers those cases.
• Drug history. A prior narcotics or dangerous drug conviction moves carrying into paragraph (5), and a person addicted to a narcotic drug may not possess firearms (§§ 25400(c)(5), 29800(a)(1)). Related drug charges are on the page about drug charges in California.
• Clearing a record. A dismissal under § 1203.4 does not restore the right to own or possess a firearm (§ 1203.4(a)(2)).
• Citizenship. Before a guilty or no contest plea, the court must warn a noncitizen that a conviction may lead to deportation, exclusion or denial of naturalization (§ 1016.5(a)).

Questions clients ask about weapon and firearm charges

• Carrying a concealed or loaded gun in California: what are the charges?
• Will a conviction or restraining order stop you from owning a gun in California?
• Felony or misdemeanor: can a "wobbler" be reduced in California?
• Can you clear a criminal record in California? Dismissal under Penal Code 1203.4
• Domestic violence charge in California: what does a criminal protective order mean for your home and children?
• Accused of violating a restraining order in California: what are the penalties?
• Arrested in Orange County: what happens between arrest and arraignment?
• Not a U.S. citizen: how can a California criminal case affect your green card or visa?
• What drives the cost of a criminal defense in Orange County?
• Can you undo an old California conviction that now causes immigration problems? Penal Code 1473.7

A worked example

For example, imagine a dentist who lives in Newport Beach, came to the United States from Isfahan years ago and is now a citizen. This is a hypothetical, not a real case. After a break-in at his office, he bought a handgun, which is recorded in his name. He starts keeping it loaded in the center console. One evening, Irvine police stop him for speeding, see the console open, and find the pistol.

He can be charged with both carrying a concealed firearm in a vehicle (§ 25400(a)(1)) and carrying a loaded firearm on a public street in a city (§ 25850(a)). Because he is the recorded owner, has no prior record and the gun is not stolen, both charges fall in paragraph (7): misdemeanors with up to one year in county jail and a fine up to $1,000. His case would be heard at the Harbor Justice Center, because Irvine misdemeanors go there.

The bigger issue for him is what a conviction would mean afterward: a misdemeanor under paragraph (7) of either section, on or after January 1, 2024, brings a 10-year firearm ban (§ 29805(f)). His defense would look at the reason for the stop, how the console came to be open, and what exactly was found. If his elderly father, visiting from Iran, was in the car and speaks only Persian, a Persian-speaking attorney can explain to the family what is happening, while the details of the stop are discussed only with the client. To learn who would handle a case like this, read about Sourena Sarbazevatan.

Common mistakes in firearm cases

• Assuming a registered gun can be carried anywhere. Being the recorded owner changes the penalty paragraph; it is not a license to carry. Whether carrying was lawful depends on the license rules and exceptions in the Penal Code, which your attorney should check.
• Refusing to let an officer check whether the gun is loaded. Refusal is itself probable cause for arrest under § 25850(b).
• Keeping guns at home while a protective order is in effect. Possession during the order is a separate offense (§ 136.2(d); Family Code § 6389(a)).
• Treating a misdemeanor plea as harmless. Many misdemeanors carry a 10-year ban (§ 29805), and some, like § 273.5 after 2019, have no time limit.
• Expecting an expungement to restore gun rights. It does not (§ 1203.4(a)(2)).
• Overlooking old convictions abroad. The felony ban covers convictions under the laws of any other state, government or country (§ 29800(a)(1)).

What to do this week

1. Write down the court date and courthouse from the citation or release papers.
2. Gather the purchase and ownership records for every firearm you own.
3. If any protective order exists, follow its firearm terms exactly and keep the relinquishment receipt.
4. List any prior convictions, in California, another state or another country, for your attorney.
5. Do not buy, sell or move firearms until you know whether you are prohibited.
6. If you are not a U.S. citizen, contact a separate immigration attorney before any plea; this office does not give immigration advice.

If the stop also involved alcohol, the separate DMV deadline is explained on the page about how a California DUI case works.

Frequently asked questions

Is carrying a concealed gun in a car a felony in California?

Usually not for a registered owner with no record: it falls under § 25400(c)(7), up to one year in county jail and a $1,000 fine. It becomes a felony with a prior felony, a stolen gun, gang participation or a prohibited status (§ 25400(c)(1) to (4)), and a wobbler in the situations in paragraphs (5) and (6).

What counts as concealed?

A concealable firearm hidden on the person, or concealed within a vehicle under the person's control or in which they ride (§ 25400(a)). A firearm carried openly in a belt holster is not concealed under this section (§ 25400(b)).

How long is the gun ban after a misdemeanor?

For the misdemeanors listed in § 29805(a)(1), 10 years from conviction. For a misdemeanor § 273.5 conviction on or after January 1, 2019, there is no 10-year limit (§ 29805(b)).

Does a felony from another country count?

Section 29800(a)(1) applies to felony convictions under the laws of the United States, California, or "any other state, government, or country". Whether a specific foreign conviction qualifies depends on its details, which your attorney should review.

Can an expungement restore my gun rights?

No. A dismissal under § 1203.4 does not permit a person to own, possess or control a firearm (§ 1203.4(a)(2)).

Do I have to give up my guns if I am served with a restraining order?

Yes, while it is in effect. A person subject to a criminal protective order may not have firearms, and the court orders relinquishment (§ 136.2(d)); a family court protective order also covers ammunition (Family Code § 6389(a), (c)).

Where is an Irvine gun case heard?

Misdemeanors from Irvine and south Orange County go to the Harbor Justice Center in Newport Beach; felony hearings are at the Central Justice Center in Santa Ana.

The Law Office of Sourena Sarbazevatan represents people in Orange County and San Diego in weapon and firearm matters, in English and Persian (Farsi). Call (949) 591-9596 or use the contact page.