Los Angeles Gun Crime Defense Attorney

Robert M. Helfend defends clients facing gun and weapons charges in Los Angeles, including concealed carry, loaded firearms, prohibited possession, and firearm use during another crime. He has practiced criminal defense since 1984 and handles cases in federal and state courts.

A strong defense starts with the exact statute and evidence. Knowing possession, weapon classification, location, licenses, and the legality of the search can determine whether a charge is supported. Call 800-834-6434 for a free consultation about a Los Angeles gun crime allegation.

Which firearms are legal in California?

California has strict regulations on the types and configurations of firearms you are allowed to own. Ordinary handguns, rifles, and shotguns may be lawful for an eligible owner, but assault weapons, .50 BMG rifles, machineguns, unserialized firearms, and certain accessories have separate rules.

Legality depends on the firearm’s features, registration history, acquisition, and the owner’s eligibility. Buying a firearm years ago does not create a universal exemption. The state’s assault-weapon definitions can cover particular features or configurations even when an owner thinks of the firearm as a standard semiautomatic rifle.

Large-capacity magazines have separate restrictions and have been the subject of ongoing litigation. Before relying on an old article or exemption, have counsel check the current statute and controlling court orders. Storage rules also apply where children or prohibited persons may gain access.

The California Department of Justice firearm resources provide eligibility, registration, and current-law information. A Personal Firearms Eligibility Check can help identify record issues, but state eligibility and federal eligibility require separate consideration.

Concealed carry permits and 2026 requirements

California issues licenses to carry concealed firearms through the appropriate sheriff or police licensing authority. Current law uses eligibility, age, residency or qualifying nonresident criteria, training, and firearm-specific requirements. The former ‘good cause’ requirement should not be used as the current application standard.

Penal Code 26150 now includes a route for qualifying non-California residents. An out-of-state carry permit by itself does not authorize concealed carry in California. Fees and required training should be checked with the issuing authority rather than assumed to be a fixed statewide price.

Changes taking effect in 2026 include revised nonresident licensing rules and, starting September 1, a fingerprint-based eligibility confirmation for CCW renewals. See the DOJ’s 2026 firearms-law bulletin.

A license does not permit carrying everywhere. Sensitive-place restrictions, exemptions, and court orders must be checked for the actual location. Open carry is also subject to substantial restrictions and limited exceptions; do not assume that being in a rural area makes it lawful.

Transporting firearms in California

For the ordinary vehicle-transport exemption, an eligible person must keep a handgun unloaded and locked in the trunk or a qualifying fully enclosed locked container. The glove compartment and utility compartment do not qualify as that locked container.

Nonconcealable rifles and shotguns generally must be unloaded but do not always require a locked container under the same state rule. School-zone laws, assault-weapon rules, destination restrictions, and other circumstances can impose additional requirements. See the DOJ’s firearm transportation guidance.

Transporting a firearm is different from carrying it for immediate use. A permit or an unloaded condition does not resolve every legal issue. Before a trip, confirm eligibility, the firearm’s classification, the route, and the rules at the destination.

Common gun charges and potential penalties

Firearm charges can arise from possession or carrying alone, or from using a gun during another offense. Common allegations include:

• Carrying a concealed firearm without a valid exemption or license.

• Carrying a loaded firearm in a prohibited public location.

• Possession by a person barred from owning or possessing firearms.

• Unlawful sale or transfer, or possession of a prohibited weapon.

• Assault with a firearm or firing into an occupied building or vehicle.

Some gun offenses are misdemeanors, some are felonies, and others can be charged either way. There is no single sentencing range for all gun crimes. The exact statute, prior convictions, weapon, alleged use, and enhancements determine exposure.

Federal prohibited-person charges may also apply even when the conduct is investigated locally. Your lawyer should assess both state and federal consequences before negotiating a plea.

California’s 10-20-life firearm enhancement

Penal Code 12022.53 adds consecutive punishment to specified qualifying felonies when the required firearm allegation is admitted or proved:

• 10 years: personal use of a firearm.

• 20 years: personal and intentional discharge of a firearm.

• 25 years to life: personal and intentional discharge that proximately causes great bodily injury or death to a person other than an accomplice.

The statute identifies the qualifying offenses; it does not apply to every felony. Special rules can extend liability to principals in qualifying gang cases. The court also has authority to strike or dismiss an enhancement in the interests of justice under the governing law.

Reviewing the underlying charge is only part of the defense. Counsel should examine identification, the alleged use or discharge, causation, accomplice issues, and the facts supporting each enhancement.

How a Los Angeles gun crime defense attorney can help

A defense starts with the evidence and the exact charge. Ownership, possession, knowledge, firearm classification, and location are separate questions. A gun found in a shared vehicle does not establish every element against every occupant.

Robert M. Helfend represents clients in California state and federal courts. The investigation may include police reports, body-camera video, search warrants, registration records, permit documents, forensic testing, and witness accounts.

Counsel can challenge unsupported possession allegations, applicable search-and-seizure violations, or an incorrectly classified weapon. Constitutional claims and exemptions depend on the facts and controlling law. If a negotiated resolution is appropriate, firearm prohibitions and sentencing enhancements should be considered alongside the immediate sentence.

Illegal possession and domestic violence restrictions

A criminal conviction or certain protective orders can bar firearm possession. Domestic violence cases can raise separate California and federal restrictions. The court order, conviction, dates, and statutory conditions matter; a dismissal does not automatically restore eligibility.

If weapons charges follow a domestic violence arrest, a Los Angeles defense attorney should review the firearm allegation and the underlying case together. Follow any relinquishment order and obtain legal advice before possessing or retrieving a firearm.

Self-defense and alleged firearm use

In violent crime cases, lawful self-defense may bear on an assault or shooting allegation. It does not automatically excuse separate unlawful possession or carrying. Armed robbery, firearm assault, and other deadly weapon allegations also require proof of the specific conduct and mental state.

For a Los Angeles weapons offense, the defense strategy may involve contesting the charge at trial, challenging evidence through motions, or evaluating a negotiated resolution. The prosecution bears the burden of proof beyond a reasonable doubt. Your criminal defense attorney should explain the evidence supporting each option.

Loaded firearms found in a vehicle

Penal Code 25850 concerns carrying a loaded firearm on your person or in a vehicle in the public places and areas covered by the statute. Concealed carry is a separate issue under section 25400. The same incident can raise both allegations.

The prosecution must establish the required possession or carrying, knowledge, loaded condition, and location. For the ordinary loaded-firearm offense, knowing that the gun is present differs from knowing that it is loaded. Your attorney can examine where ammunition was located and which statutory definition applies.

The basic misdemeanor carries up to one year in county jail, a fine of up to $1,000, or both. Specified circumstances create felony or wobbler treatment, including certain prior convictions, stolen firearms, prohibited possession, gang participation, or an unrecorded handgun owner. The applicable subdivision determines the punishment.

A defense may involve lack of knowing possession, an unloaded firearm, a location outside the statute, a qualifying exemption, or an unlawful search. A CCW license or law enforcement status does not create an exemption from every firearm rule.

Bump stocks: California and federal law differ

Bump stocks are accessories that use a firearm’s recoil to facilitate repeated shots from a semiautomatic firearm. California regulates qualifying devices as multiburst trigger activators.

Penal Code 32900 generally prohibits possessing, manufacturing, importing, selling, giving, or lending a multiburst trigger activator, subject to statutory exceptions. A violation may be a misdemeanor with up to one year in county jail or a felony punished under section 1170(h).

In Garland v. Cargill (2024), the U.S. Supreme Court rejected the federal regulation treating the bump stocks at issue as machineguns under the federal statute. That decision did not invalidate California’s separate prohibition.

Counsel should examine whether the device meets the statutory definition, whether the accused knowingly possessed it, and whether a specific exemption applies. Simply working in film production or law enforcement is not a blanket authorization, and an intention to surrender a device does not automatically defeat a charge.

Preparing for a consultation about Los Angeles weapons charges

Bring the complaint or indictment, release conditions, next court date, permit records, and any search warrant paperwork. Tell your defense attorney about prior convictions and protective orders, even if you believe they are no longer relevant. Complete information helps identify the applicable firearm offenses and avoid surprises.

Helfend Law Group is a criminal defense law firm representing clients facing state and federal criminal charges. A consultation about a Los Angeles gun case should cover the immediate court schedule, potential jail time, firearm restrictions, and the evidence needed to investigate. Ask how an illegal search, a shared vehicle, or disputed ownership affects your case rather than relying on a general rule from another case.

Frequently asked questions

Is possessing a firearm in Los Angeles always illegal?

No. Eligible people can lawfully possess many firearms. The type of firearm, possession restrictions, storage, transport, carrying, and location determine whether a particular act is lawful.

Does a CCW permit allow me to carry anywhere?

No. A license is subject to conditions and location restrictions. The applicable law, exemptions, and controlling court orders must be checked for the place where you intend to carry.

Is a loaded gun in a car always a felony?

No. Penal Code 25850 has misdemeanor, felony, and wobbler provisions. Prior convictions, prohibited possession, stolen-firearm knowledge, and other specified circumstances can change the classification.

Did the federal bump-stock decision make bump stocks legal in California?

No. Garland v. Cargill addressed the federal machinegun regulation. California’s separate multiburst-trigger-activator prohibition remains a distinct legal issue.

Speak with a Los Angeles gun crime defense attorney

Call Robert M. Helfend at 800-834-6434 for a free initial consultation. Have the charging papers, search information, and any permit or firearm records available so the actual allegations can be reviewed.

References

1. California Penal Code Section 25400. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=25400.&lawCode=PEN
2. California Penal Code Section 30515. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=30515.&lawCode=PEN