Facing Weapons Charges? Your Rights Are at Risk. Call Now

Our team has successfully defended numerous weapons cases in San Diego. We'll challenge the evidence, explore legal exceptions, and fight to protect your constitutional rights.

San Diego Weapons Charges Defense

If you’re facing a gun or weapons charge in San Diego, you’re not just up against the law—you’re up against a system that’s ready to paint you as a threat before you ever step into court. Whether it’s possession of an unregistered firearm, carrying a concealed weapon, or allegations tied to a more serious crime, a conviction could mean years behind bars, a permanent criminal record, and the loss of your Second Amendment rights. This isn’t the time for hesitation—and definitely not the time to trust your future to just any lawyer.

At David P. Shapiro Criminal Defense Attorneys, we build aggressive, airtight defenses for people whose freedom is at stake. No lectures. No assumptions. Just real defense. Right now.

Types of Weapons Charges Filed Against You in San Diego

California has some of the strictest weapons laws in the nation. These laws regulate everything from who can possess firearms to how weapons must be stored and transported. Understanding the specific charge you’re facing is crucial to mounting an effective defense.

Firearm Possession Offenses

California heavily restricts who can legally possess firearms:

Felon in Possession of a Firearm (PC 29800) – If you have a felony conviction, possessing or owning a firearm is a felony offense punishable by up to 3 years in prison. Even touching a gun momentarily can constitute “possession” under this law.

Possession by Prohibited Persons (PC 29800-29825) – Beyond felons, California prohibits firearm possession by those with certain misdemeanor convictions, mental health adjudications, restraining orders, or drug addiction. Violations can be charged as felonies, carrying significant prison time.

Possession of an Assault Weapon (PC 30605) – California strictly regulates “assault weapons” with specific features. Merely possessing one is a wobbler offense (can be charged as either a misdemeanor or felony,) punishable by up to 3 years in prison.

Ghost Guns and Unregistered Firearms (PC 29180) – Possessing an unserialized or unregistered firearm (“ghost gun”) is illegal and increasingly prosecuted throughout San Diego County.

Carrying and Concealed Weapons Offenses

Even if you legally own a weapon, how you carry it is heavily regulated:

Carrying a Concealed Weapon (PC 25400) – Carrying a concealed firearm without proper licensing is a wobbler offense with penalties ranging from up to 1 year in county jail (misdemeanor) to 3 years in state prison (felony).

Carrying a Loaded Firearm in Public (PC 25850) – Carrying a loaded firearm in a public place or on a public street without proper authorization is a wobbler offense with similar penalties to concealed carry violations.

Open Carry Violations (PC 26350, 26400) – Open carrying of even unloaded firearms is generally prohibited in California, with violations punishable by up to one year in jail.

Weapon Use Enhancements

When weapons are involved in other crimes, penalties increase dramatically:

Use of a Firearm During a Felony (PC 12022.5) – Using a firearm during the commission of a felony adds an additional consecutive sentence of 3, 4, or 10 years.

10-20-Life “Use a Gun and You’re Done” Law (PC 12022.53) – This enhancement imposes:

• 10 additional years for using a firearm during certain felonies
• 20 additional years for firing a firearm during certain felonies
• 25 years to life for killing or seriously injuring someone with a firearm during certain felonies

Armed While Committing a Felony (PC 12022) – Being armed with a firearm while committing a felony adds 1 year to your sentence (or more in specific circumstances).

Other Weapons Offenses

Beyond firearms, California regulates numerous other weapons:

Possession of Illegal Weapons (PC 16590) – Possessing certain weapons deemed “generally prohibited” (such as short-barreled shotguns, brass knuckles, switchblades over 2 inches, nunchaku, throwing stars, etc.) is typically a wobbler offense.

Brandishing a Weapon (PC 417) – Drawing or exhibiting a deadly weapon in a threatening manner is a misdemeanor punishable by up to 1 year in jail, but becomes a felony in certain situations.

Removing Serial Numbers (PC 23900) – Altering, removing, or obliterating a firearm’s serial number is a wobbler offense with penalties similar to other weapons charges.

Consequences of Weapons Convictions in San Diego

Weapons convictions carry far-reaching consequences that extend well beyond incarceration:

Criminal Penalties

• Substantial jail or prison time (from 1 year to life, depending on the offense)
• Heavy fines (up to $10,000 or more)
• Probation or parole restrictions
• Mandatory weapon forfeiture
• Potentially serving 85% of your sentence (compared to 50% for non-violent crimes)

Lifelong Consequences

• Permanent prohibition from owning firearms
• Felony record impacting employment opportunities
• Loss of professional licenses
• Housing restrictions
• Loss of voting rights while incarcerated
• Immigration consequences for non-citizens (including potential deportation)
• Required registration for certain weapons offenses

Strike Offenses

Many weapons charges qualify as “strikes” under California’s Three Strikes Law. This means:

• First strike: Sentence doubles for any subsequent felony conviction
• Second strike: Sentence doubles and you must serve at least 80% of your time
• Third strike: 25 years to life in prison

One weapons conviction can dramatically alter the course of your entire life. This is why experienced legal representation is absolutely crucial when facing these charges.

How San Diego Prosecutors Approach Weapons Cases

San Diego prosecutors take an aggressive stance toward weapons offenses. The San Diego District Attorney’s Office and city prosecutors employ specialized units dedicated to firearms offenses and gang-related weapons charges. Their approach typically involves:

• Charging the most serious offense the evidence could possibly support
• Applying all available enhancements
• Resisting charge reductions during plea negotiations
• Seeking maximum sentences, particularly for repeat offenders
• Using weapons charges as leverage in multiple-charge cases

The prosecution will have substantial resources at their disposal, including:

• Specialized forensic analysis of weapons and ammunition
• Expert witnesses on firearms, ballistics, and weapons handling
• Body camera footage from arresting officers
• Eyewitness testimony
• Surveillance footage when available
• Your own statements to law enforcement

This prosecutorial zeal makes it essential to have equally determined defense counsel fighting for your rights.

Effective Defense Strategies for Weapons Charges

At David P. Shapiro Criminal Defense Attorneys, we develop customized defense strategies based on the specific circumstances of your case. Common defense approaches include:

Constitutional Violations

Fourth Amendment Violations – Many weapons cases hinge on how the weapon was discovered. We scrutinize every aspect of the search and seizure to identify violations of your Fourth Amendment rights, including:

• Illegal traffic stops
• Searches without probable cause
• Warrantless searches of homes or vehicles
• Searches that exceed the scope of consent
• Improper inventory searches

When evidence is obtained through constitutional violations, we file motions to suppress that can sometimes result in case dismissal.

Challenging Possession

Constructive Possession Issues – The prosecution must prove you knowingly possessed the weapon. We often challenge this element by demonstrating:

• You didn’t know the weapon was present
• You didn’t have control over the area where it was found
• The weapon belonged to someone else
• Multiple people had access to where the weapon was found

Self-Defense Claims

When charges involve brandishing or using a weapon, we may argue self-defense if:

• You reasonably believed you were in imminent danger
• You reasonably believed force was necessary to protect yourself
• You used no more force than was reasonably necessary
• You were not the initial aggressor

Technical and Procedural Defenses

We also examine:

• Whether the item meets the legal definition of a prohibited weapon
• Chain of custody issues with evidence
• Forensic testing procedures
• Contradictions in witness testimony
• Whether the prosecution can prove all elements of the charge

Sentencing Alternatives

Even in challenging cases, we work to secure:

• Reduced charges through skilled negotiation
• Alternative sentencing options
• Probation instead of incarceration
• Diversion programs when applicable
• Minimum mandatory sentences when conviction cannot be avoided

Why Choose David P. Shapiro Criminal Defense Attorneys

When your freedom, future, and rights are on the line, experience matters. Our firm brings several distinct advantages to your weapons case:

Specialized Knowledge of Weapons Laws

California’s weapons statutes are complex and constantly evolving. Our attorneys stay at the forefront of changes in weapons legislation, case law, and prosecution strategies. This specialized knowledge allows us to identify defenses others might miss.

Proven Track Record

We have successfully defended numerous clients against weapons charges throughout San Diego County. Our case results include:

• Charges dismissed through motions to suppress
• Felony charges reduced to misdemeanors
• Probation secured instead of jail time
• Not guilty verdicts at trial
• Favorable plea agreements that minimize consequences

Local Court Experience

Our intimate knowledge of San Diego’s court system, judges, and prosecutors provides a strategic advantage. We understand local prosecution tendencies and how different judges approach weapons cases, allowing us to tailor our defense approach accordingly.

Comprehensive Investigation Resources

We conduct thorough independent investigations, including:

• Scene examinations
• Witness interviews
• Expert consultations
• Evidence analysis
• Body camera footage review
• Police report scrutiny

Dedicated Advocacy

We approach every case with unwavering commitment to protecting your rights and freedom. This means:

• Personalized attention to your case
• Regular communication and updates
• Aggressive motion practice
• Meticulous trial preparation
• Strategic negotiation
• Relentless advocacy at every stage of proceedings

Our Approach to Defending Weapons Charges

When you work with David P. Shapiro Criminal Defense Attorneys, our defense process includes:

1. Case Analysis & Strategy Development

We begin with a comprehensive analysis of your case, including:

• Review of the prosecution’s evidence
• Analysis of police reports and witness statements
• Examination of the specific weapons involved
• Assessment of search and seizure issues
• Identification of potential constitutional violations
• Development of initial defense strategies

2. Independent Investigation

Rather than relying solely on the prosecution’s evidence, we conduct our own investigation to identify weaknesses in their case and support for your defense.

3. Pre-Trial Motion Practice

We aggressively file appropriate pre-trial motions, which may include:

• Motions to suppress evidence from illegal searches
• Motions to dismiss based on insufficient evidence
• Motions to exclude improper witness testimony
• Motions to disclose confidential informants when applicable
• Pitchess motions to reveal officer misconduct when relevant

4. Strategic Case Resolution

Based on our investigation and motion practice, we determine the optimal approach for resolving your case, whether through:

• Negotiation for dismissal or reduction of charges
• Strategic plea agreements when appropriate
• Trial preparation when necessary to achieve the best outcome

Throughout this process, we maintain clear communication about your options and the potential outcomes of different strategies, empowering you to make informed decisions about your case.

Act Now to Protect Your Rights and Freedom

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.