Firearms and Weapons

Firearms & Weapons Charges in California

Defending Clients in Fresno, Madera, Kings, and Tulare Counties

Tiemann Defense 5150 N. Sixth Street, Ste 172-B • Fresno, CA 93710 559.481.4033

California Firearms & Weapons Charges: Serious Crimes Demand Serious Defense

Gun and weapon laws in California are some of the strictest in the nation. Even responsible gun owners can find themselves facing felony charges for technical violations. Convictions can lead to jail or prison time, loss of firearm rights, steep fines, and permanent criminal records.

At Tiemann Defense, our experienced criminal defense team represents clients charged with firearm and weapons offenses throughout Fresno, Madera, Kings, and Tulare Counties. We know the local courts, prosecutors, and judges—and we fight to protect your rights at every stage.

Common Firearm & Weapons Charges in California

1. Carrying a Concealed Firearm – Penal Code § 25400 PC

Crime: Carrying a concealed firearm on your person or in a vehicle without a valid Concealed Carry Weapon (CCW) permit.

Punishment:

· Misdemeanor: Up to 1 year in county jail and/or up to $1,000 in fines.

· Felony (aggravated cases): 16 months, 2 years, or 3 years in state prison if:

· The firearm was stolen,

· You are prohibited from possessing firearms, or

· You are a gang member or have a prior felony conviction.

Defenses:

· You had a valid CCW permit.

· The weapon was lawfully stored or not “concealed” as defined by law.

· You were transporting the gun legally (e.g., unloaded and locked in a case).

· The firearm was discovered during an unlawful search or seizure.

· You did not know the gun was in the vehicle.

2. Carrying a Loaded Firearm in Public – Penal Code § 25850 PC

Crime: Carrying a loaded firearm in a public place or vehicle.

Punishment:

· Misdemeanor: Up to 1 year in jail.

· Felony: Up to 3 years in state prison if the firearm is stolen, you are prohibited from possessing firearms, or you have prior convictions.

Defenses:

· You were in a lawful location where open carry is permitted.

· The firearm was unloaded.

· You were acting in self-defense or under immediate threat.

· Law enforcement violated your rights during the search or arrest.

3. Felon in Possession of a Firearm – Penal Code § 29800 PC

Crime: Owning, possessing, or receiving a firearm as a convicted felon, narcotics addict, or certain misdemeanor offender.

Punishment: Felony—16 months, 2 years, or 3 years in state prison.

Defenses:

· Lack of knowledge or control over the firearm.

· Unlawful search or seizure.

· Temporary or transitory possession solely for disposal or surrender.

4. Possession of an Assault Weapon – Penal Code § 30605 PC

Crime: Possession of an unregistered “assault weapon” or .50 BMG rifle.

Punishment:

· Misdemeanor: Up to 1 year in jail.

· Felony: Up to 3 years in state prison.

Defenses:

· The firearm does not meet the legal definition of an assault weapon.

· You had a lawful registration or exemption.

· The weapon was unlawfully seized.

5. Assault With a Firearm – Penal Code § 245(a)(2) PC

Crime: Assaulting another person using a firearm.

Punishment:

· Misdemeanor: Up to 1 year in jail.

· Felony: 2 – 4 years in state prison, or up to 12 years if an assault weapon or machine gun was used.

Defenses:

· You acted in lawful self-defense or defense of others.

· You did not use a firearm.

· False accusation or mistaken identity.

6. Unlicensed Sale or Transfer of Firearms – Penal Code § 26500 PC

Crime: Selling or transferring a firearm without a valid dealer’s license.

Punishment: Misdemeanor—up to 6 months in jail and/or a $1,000 fine per firearm.

Defenses:

· You were exempt or had a valid license.

· Entrapment or police misconduct.

7. Armed Enhancement – Penal Code § 12022 PC

Crime: Being armed or using a firearm during the commission of another felony.

Punishment: Adds 1–10 years or more to the base felony sentence, depending on how the firearm was used.

Defenses:

· You were not armed during the felony.

· The weapon was not operable or accessible.

· The underlying felony cannot be proven.

Penalties & Consequences of Gun Convictions in California

Convictions for firearm or weapons charges can bring:

· Jail or prison time

· Loss of the right to possess or own firearms

· Immigration consequences for non-citizens

· Felony records that affect employment, housing, and licensing

· Fines and probation conditions

Effective Defenses to Firearms & Weapons Charges

At Tiemann Defense, we examine every aspect of your case, including:

· Illegal searches and seizures: If police violated your Fourth Amendment rights, evidence can be suppressed.

· Lack of knowledge or intent: You must knowingly possess or control the weapon.

· Constitutional violations: We challenge improper interrogations or Miranda violations.

· Self-defense: Using or displaying a weapon to prevent harm may be legally justified.

· Technical defenses: Registration errors, lawful transport, or exemptions under California law.

Why Choose Tiemann Defense

· Decades of combined criminal defense experience.

· Deep knowledge of Fresno, Madera, Kings, and Tulare County courts.

· Proven results in gun, weapon, and violent crime defense.

· Aggressive negotiation and trial representation.

· Direct communication and personal attention to every client.

What to Do After an Arrest

1. Do not speak to police without an attorney.

2. Call Tiemann Defense immediately at 559.481.4033.

3. Do not consent to searches of your home or vehicle.

4. Save all evidence—texts, videos, or witness information.

5. Avoid social media posts about your case.

Free Consultation — Protect Your Rights Today

Facing a firearm or weapon charge in Fresno, Madera, Kings, or Tulare County? Your future is on the line—don’t face the system alone.

Call Tiemann Defense at 559.481.4033

We’ll review your case, explain your rights, and fight for the best possible outcome.