Say nothing about the gun
Not whose it is, not where it came from, not why it was there. Ownership and knowledge are elements; do not supply them.
Criminal defense
Long Beach Gun and Firearm Charges Defense Lawyer
Most Long Beach gun cases begin as a traffic stop. How the gun was found is often a bigger question than whether it was there. The consultation is free.
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The charges
The firearm offenses filed most often
Penal Code 25400 covers concealed carry; Penal Code 25850 covers loaded carry in specified public places. Both have misdemeanor, felony, and wobbler provisions. The default misdemeanor carries up to a year in county jail, a fine up to $1,000, or both. A wobbler can be charged as either a misdemeanor or a felony. Specified prior convictions, prohibited possession, and qualifying gang participation can trigger felony treatment. For a stolen firearm, the felony provision requires knowledge or reasonable cause to believe it was stolen.
A loaded handgun not registered to the person does not automatically mean a felony: the registration provisions in 25400(c)(6) and 25850(c)(6) are wobblers. Under 25400(c)(6), an unregistered concealed handgun with matching ammunition immediately possessed or readily accessible can also qualify, even if the gun is unloaded. The exact subsection, prior record, and available exemptions matter.
Penal Code 29800, possession of a firearm by a person with a felony conviction, is a felony in every case. Penal Code 29805 bars possession for ten years after specified misdemeanors, including domestic battery, and some domestic violence misdemeanors carry a prohibition with no end date. Openly carrying an unloaded handgun in public is its own misdemeanor under Penal Code 26350.
Sources: Penal Code 25400(c), 25850(c), and 25610. Checked September 11, 2026.
Enhancements
When the gun is attached to another charge
A firearm turns other charges into different cases. Personal use of a firearm in a felony adds three, four, or ten years under Penal Code 12022.5. For the serious felonies listed in Penal Code 12022.53, using a gun adds ten years, firing it adds twenty, and causing great bodily injury or death with it adds twenty-five years to life, on top of the sentence for the underlying crime. In those cases the enhancement, not the charge, is where the exposure lives, and challenging whether the gun was used, displayed, or merely present is the center of the defense.
Other firearm laws
Assault weapons, unserialized guns, and magazines
- Possession of an assault weapon under Penal Code 30605, a wobbler that turns on the exact configuration of the firearm
- Unserialized or self-built firearms, often called ghost guns, under Penal Code 29180 and related sections
- Large-capacity magazines under Penal Code 32310, whose enforcement has been the subject of extended federal litigation
- Possession of a firearm on school grounds, in a courthouse, or in other prohibited places
- Brandishing under Penal Code 417, which requires no shot and no injury
The search
How the gun was found is the case
Gun cases are search cases. A traffic stop extended past its purpose, a pat-down without reasonable suspicion, a vehicle search without probable cause or consent, a home entry without a warrant, or a phone searched to prove ownership can each violate the Fourth Amendment, and a motion under Penal Code 1538.5 asks the court to suppress what the search produced. Without the gun there is no gun case. Body-camera footage, dispatch records, and the officers’ own reports are where those motions are built.
Possession itself is also contestable. A gun in a car with four people in it, in a shared home, or in a bag that is not yours has to be tied to you by more than proximity. Knowledge of the gun and control over it are elements the prosecution must prove.
Lawful carry
Permits, transport, and what is actually legal
A valid concealed-carry permit may provide an exemption when the firearm and conduct fall within its terms and applicable law, and since the Supreme Court’s 2022 decision in Bruen, California issues permits to qualified applicants without a “good cause” requirement, subject to the rules the state adopted in response. Carrying without one remains a crime. Transporting a handgun unloaded in a locked container or the trunk is lawful under Penal Code 25610, and many “concealed in a vehicle” cases turn on whether the gun was in a locked case, whether it was loaded, and whether a magazine nearby makes it “loaded” for purposes of the statute.
Consequences
What a firearm conviction does afterward
Any felony conviction brings a lifetime prohibition on possessing firearms in California. Many misdemeanor firearm convictions bring a ten-year prohibition. For a non-citizen, firearm offenses are a specific ground of deportability, independent of the sentence. A felony with a firearm enhancement is often a strike. And a gun conviction on a record changes how every future police contact goes. The disposition of a first gun case is therefore about far more than the sentence attached to it.
The first days
What to do before your arraignment
Do not consent to any further search
Phone, home, storage, or vehicle. Ask for a warrant.
Preserve your documents
Purchase records, registration, permit applications, and anything showing where the gun was stored and how it was transported.
Get counsel before arraignment
Bail in gun cases is set with the enhancement exposure in view. The first appearance is where that argument starts.
The office
How the Law Offices of Patrick S. Aguirre defends gun cases
The office has defended people accused of crimes in Long Beach and across Los Angeles County for nearly three decades. The firm now has offices in Long Beach and Downey. Firearm cases are worked from the stop forward: the reason for the contact, the scope of the search, the chain from the gun to the person, the registration and loading questions that decide misdemeanor versus felony, and the enhancement allegations that carry the real exposure. Where the search fails, the office moves to suppress. Where it holds, the object is the lowest charge, the least custody, and a record that does not carry a strike or an immigration consequence the facts did not require.
The office speaks Spanish.
Frequently asked questions
Common questions
The gun was registered to me and unloaded, in my glove box. Is that a crime?
It can be. A glove compartment is not a locked container for the transport exemption in Penal Code 25610. Registration and unloading alone do not make concealed carry lawful or guarantee misdemeanor treatment; prior convictions, possession status, and any applicable exemption must also be checked.
The police found the gun during a traffic stop for a broken taillight. Can that be challenged?
Often. The stop has to be lawful, and the search that followed has to be justified by consent, probable cause, or a lawful pat-down or inventory. A stop extended to wait for a dog or to question passengers without cause is a common basis for suppression.
I have an old felony conviction. Is possession of a gun a felony even if the gun was legal?
Yes. Penal Code 29800 makes possession by a person with a prior felony a felony regardless of how the gun was acquired or stored. Whether you knowingly possessed it, and whether the search was lawful, are the questions that remain.
What is a gun enhancement?
An added term for using a firearm in the commission of another felony: three, four, or ten years under Penal Code 12022.5, and ten, twenty, or twenty-five years to life for the serious felonies listed in Penal Code 12022.53. The enhancement is charged separately and must be proven separately, and it is frequently the largest part of the exposure.
Selected case results
Criminal defense results
A selection from 55 documented results
Criminal defense
Robbery and firearm charges
Norwalk Superior Court
Not-guilty verdict
Criminal defense
Serious felony charges
Riverside Superior Court
Not guilty on all charges after three years in custody
Criminal defense
Domestic violence charge
Westminster Superior Court
Charge dismissed at trial
Client experiences
What clients say
★★★★★
“12 counts 2 felony charges DISMISSED … he got him out of jail FAST.”
★★★★★
“I just walked out of court a free man after getting my case dismissed.”
“From the beginning to the end, Patrick and his professional office staff kept us informed on any updates, concluding the case with a dismissal!”
“Best defense attorney in town. … He cares about his clients and takes every case seriously. The staff is friendly and caring.”
Meet your attorney
Law Offices of Patrick S. Aguirre
A Professional Law Corporation
The future of your case may depend on a successful outcome. It can be stressful to go through the legal process alone—but thankfully, you don’t have to.
The Law Offices of Patrick S. Aguirre will stand up for clients’ interests and rights, providing high-quality representation in personal injury cases and criminal defense matters throughout California from its Long Beach office.
We work with you and for your best interests. Our legal team is compassionate, hard-working, and tenacious—fighting to get the job done right when it matters most. No case is too complicated or insignificant for our full attention. Our clients may move forward into a brighter future free from worry about past mistakes.
We’re the legal team that never gives up. When you need an attorney who will fight for what’s right, turn to us, and we’ll do everything in our power to help. No matter how challenging your situation may seem, there is hope.
“Courage is the most important attribute of a lawyer.”
Robert F. Kennedy
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Callback request
Talk with our office
Leave your contact information and, if helpful, a short general summary. The office will follow up.
Thank you.
The office received your contact request. If your matter is urgent, call 562-904-4337.