Charged with a gun crime in Sacramento?
Many gun cases start with a traffic stop, a search of a car, or a call about something else. Some gun charges are misdemeanors. Others are felonies, especially if you have a prior felony or aren’t allowed to have a gun.
Call me as soon as you can, ideally before your first court date. Don’t explain to police where the gun came from or why you had it. Say you want a lawyer and you won’t answer questions, then stop talking.
Common gun charges
- Carrying a concealed gun (Penal Code 25400). A handgun hidden on you or in a car you’re driving or riding in. It’s a misdemeanor in many cases, and a felony in others, such as when the person has a prior felony.
- Carrying a loaded gun in public (Penal Code 25850). A loaded gun on you or in a car, in a public place or on a street in a city, or in some unincorporated areas.
- Felon in possession (Penal Code 29800). Having a gun after a felony conviction, or after certain other convictions. It’s a felony.
- Ghost guns. California restricts building guns without serial numbers, having an unserialized gun, and buying or selling unserialized frames, receivers, and parts kits.
- Brandishing (Penal Code 417). Showing a gun or other weapon in a rude, angry, or threatening way, unless it was in self-defense.
Using or pointing a gun at someone can also be charged as assault with a firearm, which is far more serious. See violent crimes.
How did police find the gun?
In many gun cases, this is the most important question. Police need a legal reason to stop you, to pat you down, and to search your car, your bag, or your home. If the stop or search was illegal, I can file a motion to suppress, asking the judge to throw out the gun and anything that came from the search. Without the gun, the prosecutor may not have a case.
I get the police reports, body camera video, and dispatch records, and I compare what the officer wrote with what the video shows. Motions I decide are needed are included in my fee.
Concealed carry permits after Bruen
The Supreme Court’s 2022 decision in Bruen changed concealed carry across the country. In California, you no longer have to show “good cause” to get a permit.
California then passed a law called SB 2, which took effect in 2024. It rewrote the permit rules and created a long list of “sensitive places” where you can’t carry, even with a permit. Courts have blocked some of those rules and allowed others, and the court cases are still going in 2026.
The rules can change, so don’t assume a permit covers everywhere you go. If you have a permit and were charged for where you carried, the current state of the law may matter to your case. Tell me the details.
Losing your gun rights
A conviction can cost you the right to own a gun, sometimes for good:
- A felony conviction means you can’t have a gun in California.
- Many misdemeanors, including assault, battery, brandishing, criminal threats, and violating a protective order, mean no guns in California for at least 10 years.
- Some misdemeanors mean no guns for life, including certain domestic violence convictions. Federal law also bars gun ownership after a domestic violence misdemeanor.
- While a protective order is in effect, you can’t have a gun.
Clearing your record later helps with jobs, but it usually doesn’t restore gun rights. That’s why the exact result in your case matters so much, and I plan for it from the start.
How a gun case can end
Every case is different, and I can’t promise a result. These are the outcomes I work toward:
- Charges dropped, or the gun thrown out after an illegal search.
- A felony reduced to a misdemeanor, or a lower charge.
- No jail time.
- A result that protects your gun rights when possible.
When you become eligible, I typically clear your record for you at no additional charge. Not a U.S. citizen? Tell me at the start, and I’ll plan around immigration consequences.
I charge flat fees, so you know the cost before you hire me. See my fees.
Questions
The gun wasn’t mine. Can I still be charged?
Yes, if the prosecutor claims you knew it was there and could control it. But that can be hard to prove, especially in a shared car or home. Don’t explain to police; let me look at the evidence.
Will I lose my gun rights?
It depends on the charge you’re convicted of, if any. Some misdemeanors carry a 10-year ban, some carry a lifetime ban, and a felony bars you in California. I’ll explain what’s at stake in your case.
Do I have to go to court?
In almost every misdemeanor case, no. I go to every hearing for you. In a felony case, you’ll need to be at the main hearings.
I have a gun at home and I was just charged. What do I do?
Call me before you do anything with it. Depending on your case and any court order, you may be required to turn it in or give it up, and how you do that matters.