Unlawful Gun Possession Lawyer in California 

Charged with Unlawful Gun Possession? The Law Offices of Kirk Tarman & Associates Can Help!

Under the Second Amendment of the United States Constitution, you have the right to keep and bear Arms. Nevertheless, each state has different rules and regulations for gun ownership, possession, and use. If you misuse a firearm in California or fail to go through the correct legal channels while purchasing or carrying one, you could face serious weapon charges.

To avoid fines, jail time, and the potential loss of your constitutional rights, consult an unlawful gun possession attorney in California the moment you are arrested or charged.

The Law Offices of Kirk Tarman & Associates can advise you of your rights and legal options, help you tell your side of the story, and pursue the best possible results. Serving clients in Fontana, Ontario, Pomona, and surrounding areas, we have 20+ years of experience and are ready to speak to you 24 hours a day, 7 days a week.

Facing Gun Charges in California? Call our Rancho Cucamonga gun possession lawyers today at (909) 658-7341. We’re available 24/7 to fight for your rights in court.

California Gun Laws: Possession

California has some of the strictest gun laws in the United States, including rules and regulations for the manufacture, sales, ownership, safety training, and transfer of firearms. Certain individuals are not allowed to possess a firearm under any circumstances, and other citizens may not take their firearms outside of their homes without the proper permits and registration. 

Under California law:

• Anyone who has been convicted of a felony cannot possess a gun
• Individuals under 18 years of age may not purchase or possess a firearm (with few exceptions)
• People addicted to narcotic drugs may not possess guns
• People with 2 or more gun-related misdemeanors may not possess guns
• Those with outstanding warrants cannot possess guns
• People with certain mental health conditions may be unable to possess guns

You can view a complete list of the Firearms Prohibiting Categories on the California Office of the Attorney General’s website.

If you do not fit into any of these categories, you may own and possess a gun – even without registration. Many people are surprised to find out that “there is no firearm registration requirement in California except for assault weapon owners and personal handgun importers.”

Still, if you want to carry your weapon in public, you will need a Carry Concealed Weapon (CCW) license, and it is illegal to carry a loaded firearm in any public place – or in a vehicle on any public street.

What Happens If You Possess an Unregistered Firearm?

If you have an unregistered gun at home, do not panic, but do make sure to store it safely and do not take it out in public without a valid California firearm permit.

You need a CCW to carry a firearm in public unless you are carrying an unloaded handgun to, from, or within a car in a locked container (and/or the trunk of a vehicle) for a lawful purpose, or you are transporting an unloaded firearm that is not capable of being concealed.

Public possession of an unregistered firearm without a CCW could result in unlawful gun possession charges and life-changing consequences.

What Are the Penalties for Unlawful Firearm Possession in California?

Generally, unlawful gun possession is a misdemeanor, but aggravating factors could turn the crime into a felony. In some situations, the prosecutor may also use the “wobbler offense,” meaning they can decide whether to charge the defendant with a misdemeanor or a felony.

Unlawful firearm possession can result in up to $10,000 in fines and up to 3 years in jail – and you could lose your right to possess a firearm in California for the rest of your life.

For all these reasons, you need a good defense.

Why Choose Attorney Kirk Tarman to Fight Your Gun Possession Charges?

With over 25 years of experience in criminal defense, Attorney Kirk Tarman has built a reputation for delivering strategic and aggressive representation. He has successfully defended clients throughout Southern California facing severe gun-related charges, earning respect for his precision, dedication, and results-driven approach.

Attorney Tarman is unwavering in his commitment to pursuing the best outcomes for those he represents. Compassionate and approachable, yet fiercely determined in defense of his clients, he ensures every client receives personalized attention and dedicated guidance.

Defending Yourself from an Unlawful Firearm Possession Charge

Our unlawful firearm possession attorneys can help you defend yourself from criminal charges. Your defense will depend on the details of your unique situation. 

You cannot be successfully charged with a gun crime if the firearm was found during an illegal search or seizure, for example, and if you were pulled over with a firearm in the vehicle, you may have been unaware there was a gun in the car.

One of the most common defenses to unlawful gun possession charges is that the gun was not yours.

The Law Offices of Kirk Tarman & Associates can help you develop your gun possession defense in Rancho Cucamonga, San Bernardino, Riverside, Los Angeles, and Orange County. As an award-winning criminal defense team, we have the skill and experience you need on your side. 

Call us at (909) 658-7341 or send us an email for aggressive and reliable legal support at any time of day or night.

Frequently Asked Questions About Gun Possession Charges in California

Can a gun charge be dismissed?

Yes, a gun charge can be dismissed if your rights were violated, the firearm was obtained illegally by law enforcement, or there is insufficient evidence. An experienced defense attorney can challenge the circumstances of your arrest and file motions to dismiss.

What is the minimum sentence for a gun charge?

For a misdemeanor gun charge, the minimum sentence may include probation, fines, or up to 1 year in county jail. Felony charges carry higher penalties, including state prison time.

Can you be charged if someone uses your gun?

Yes. If your gun was used in a crime — especially if it was not secured properly or was given to someone prohibited from owning a firearm — you could face criminal liability under California law.

What does California consider a firearm?

In California, anything that shoots, fires, or launches a projectile as a weapon is considered a firearm. Examples of firearms include handguns, pistols, rifles, shotguns, and even flare guns.