Possession of Unregistered Firearm in California

Possession of an unregistered firearm is one of the more common reasons for arrest in California. If you have been accused, you can be facing harsh penalties that include felony sentencing, years in jail, and a permanent criminal record. Still, being charged doesn’t automatically make you guilty! At My Rights Law, we believe that everybody is innocent until proven otherwise, which is why we do everything possible to protect our clients. From rigorous defense strategy to aggressive court representation, we make sure your rights are not ignored. 

How do we guarantee that? Our experienced gun crimes attorneys are here to fight for you tirelessly. They have the experience and the expertise necessary to navigate California gun law effectively. Whether you were caught carrying an unregistered firearm during a traffic stop or have been accused of possessing weapons without proper permits and registrations, we know how to protect your rights.

Let’s take a look at what California law says about firearm possession, what you may be facing, and how a qualified lawyer can help you.

Ready to speak with a gun crimes attorney? Contact us now at (888) 702-8845 or contact us online.

California Laws On Gun Possession

Among all the 51 states, California is known for having some of the strictest firearms laws in the country. While the Second Amendment of the United States Constitution (permission to bear arms) is adamant, the state of California has heavy regulations on how, when, and by whom a firearm may be carried. These are the main state laws that prohibit carrying firearms:

• Penal Code Section 25850(c)(6) states that it is illegal to carry a loaded firearm in public or in a vehicle unless with a valid license by the California Department of Justice.
• According to the Penal Code 26350, openly carrying an unloaded handgun in public without a permit is also considered to be a crime. 
• PC 25400 criminalizes the concealed carry of a firearm without a license

In a nutshell, if you leave your home with a firearm – whether it is registered or not – without a concealed carry license (or without meeting strict exceptions), it is considered a crime. Therefore, it can get you arrested and charged with unlawful gun possession.

It’s also important to note that California law does not require every firearm to be registered. However, certain scenarios—especially those involving assault weapons, concealed firearms, or loaded guns in public—can trigger criminal firearm offenses even if you didn’t know you were violating the law.

What Is Considered A Firearm?

While this question may seem obvious, the legal definition of a firearm is quite peculiar. Under California law, a firearm is any device designed to discharge a projective through force. It includes handguns, rifles, shotguns, and even flare guns! Also, they don’t even need to be loaded to meet the legal definition. Further on, the device can even miss parts or be inoperable to be considered a firearm and lead to legal responsibility for carrying it in public. 

Crossbows and other archery instruments like bows and slingshots are not considered firearms and do not fall under the California gun law. However, carrying it in a way that appears threatening or bringing it into restricted areas like school grounds, government buildings, public demonstrations, parks, and others can lead to an arrest.

Possessing An Unregistered Firearm

To be clear, possession of an unregistered firearm alone is not enough to be considered a crime in California. As of early 2025, there is no general law requiring every gun to have a registered owner. However, carrying an unregistered gun in California in public and without a license is way more serious. If a police officer catches you carrying a firearm without proper documentation, you will most likely be arrested and subjected to an unlawful gun possession charge.

You are legally allowed to possess a gun at home, at a firing range, or while transporting it. Importantly, during transportation, it needs to be unloaded and locked in a secure container. However, once you are in a public space without a concealed carry permit (or if you are prohibited from possessing firearms altogether), you are considered a criminal and can be arrested and charged.

What Are The Penalties For Possessing An Unregistered Firearm?

Depending on the circumstances, you can expect misdemeanor or felony charges for possessing an unregistered firearm in California. These conditions include prior criminal record, the gun being loaded, lack of a permit for the carriage, involvement of the firearm in a different crime, or possession in a restricted area. 

Misdemeanor Penalties May Include:

• Up to 1 year in county jail
• Fines up to $1,000
• Probation and mandatory firearm safety courses

Felony Sentencing May Include:

• Up to 3 years in prison
• A $10,000 fine
• A lifetime firearm ban in California
• A felony conviction on your permanent record

Many unregistered gun charge California cases fall into the category of “wobbler offenses.” In a nutshell, it means that depending on the details of the arrest and your prior criminal history, the prosecution can file the charge as either a misdemeanor or a felony. Aggravating factors, such as those we have already mentioned, can result in the case being prosecuted as a felony, leading to a much harsher punishment. If you’re caught carrying an unregistered firearm while being legally prohibited from owning one, you’re looking at a felony sentence without the option for probation.

Regardless of how your charge is being treated, you deserve your right to be respected and protected professionally. Contact My Rights Law today at (888) 702-8845 or book your free consultation, and let us ensure the best possible outcome of the case. 

Common Legal Defenses for Unregistered Firearms

Arrest does not equal conviction, which is why we do everything possible to protect you and your rights even after it. Everything can be argued – from the probable cause to the conditions of the search. Here are some of the most effective strategies we use:

Lack of Knowledge

You may have been unaware of the firearm’s presence – it could have been a borrowed car, or the gun was hidden by someone else. This can be considered a valid defense, forcing the prosecution to prove you possessed the gun knowingly. 

Momentary Possession

When the accused had the firearm for a limited period of time in order to dispose of it, avoid harm, or turn it over to police enforcement, California recognizes transitory possession as a legitimate defense.  We might be able to take advantage of the fact that you didn’t intend to keep or use the rifle.

Public Place

We may contend that the setting did not violate concealment legislation or firearm registration regulations if the firearm was discovered in a non-public place, such as your private property or a locked car trunk, and you were not involved in illegal activity.

Constitutional Challenge

Was the gun found during an unlawful seizure or search?  If so, there may have been a violation of your Fourth Amendment rights.  We may submit motions to suppress evidence that was gathered in violation of constitutional rights, which could result in the case being dismissed.

Defend Yourself and Contact With Gun Crime Attorney

Numerous gun crime cases have been handled by our staff at My Rights Law.  We understand the courts, the law, and the methods used by prosecutors to construct these cases.  We fight for results, not lectures, whether you’re facing a concealed firearm accusation, possession by a criminal, or carrying an unlicensed gun in public.

 Don’t go it alone and jeopardize your future.  Years in prison, hefty fines, and a permanent stamp on your criminal record could result from one mistake.

 📞  Get a free consultation with a leading California criminal defense attorney by calling My Rights Law at (888) 702-8845 or contacting us online right now.  We will examine your case, go over your rights, and create a customized defense plan to achieve the best result.