Firearms & Weapons Charges in Ventura County
California has some of the most complex and aggressively enforced firearms laws in the country, and the rules change constantly. A charge that sounds minor can be a felony; a gun that was legal when you bought it may not be legal now; and a single firearms conviction can cost you your right to own a gun for the rest of your life. If you have been arrested on any weapons charge in Ventura County, the stakes are high and the law is technical. I have defended firearms cases here for 30 years, with more than 20,000 court appearances in the Ventura County courts. Call me at 805-889-9000 for a free, confidential consultation. I answer my own phone, 24/7.
The Firearms Charges I Defend
“Weapons charges” covers a wide range of offenses, from a paperwork problem to a serious violent felony. The most common ones I handle in Ventura County include:
- Carrying a concealed firearm (PC 25400), carrying a concealed handgun without a CCW license. A misdemeanor in many cases, but a felony under aggravating circumstances (a stolen gun, a prior, gang allegations, or being a prohibited person).
- Carrying a loaded firearm in public (PC 25850), often charged alongside concealed-carry counts; also a “wobbler” that can be a misdemeanor or felony depending on the facts.
- Openly carrying an unloaded firearm (PC 26350), California is not an open-carry state, and open carry in public is generally prohibited.
- Possession of a firearm by a prohibited person (PC 29800, “felon with a firearm”), one of the most serious common charges, applying to anyone with a prior felony, certain misdemeanors, an active restraining order, or certain mental-health histories. This is a felony.
- Possession of an assault weapon (PC 30605), California maintains a broad and frequently changing definition of “assault weapon.” Many owners are shocked to learn a rifle they bought legally, or a configuration they thought was compliant, now violates the law.
- Illegal magazines (PC 32310), the manufacture, sale, or possession of magazines over 10 rounds remains restricted while the long-running Duncan v. Bonta litigation continues through the courts.
- Unserialized or “ghost” guns, and unregistered firearms, an area of rapidly expanding new legislation and enforcement.
- Brandishing a weapon (PC 417), drawing or exhibiting a firearm in a threatening manner.
- Negligent discharge of a firearm (PC 246.3), willfully firing a gun in a grossly negligent way.
- Possession of a firearm on school grounds, in a sensitive location, or while intoxicated.
- Manufacturing, dealing, or illegally transferring firearms,including transfers that bypass a licensed dealer.
- Firearm sentencing enhancements (PC 12022.5, PC 12022.53, “10-20-life”), not charges by themselves, but allegations attached to other crimes that can add years, or even decades, to a sentence when a gun is used.
Why Firearms Cases Are So Dangerous, Even for First-Time, Otherwise Law-Abiding People
Most of the firearms clients I see are not criminals. They are responsible gun owners who got caught by a technicality, people who did not realize a gun became illegal after a change in the law, travelers from other states who did not know California’s rules, or people facing a charge that was inflated far beyond what actually happened. The problem is that California treats firearms offenses harshly regardless of intent, and the consequences reach far beyond the case itself:
- A lifetime firearm ban. A felony conviction, and many misdemeanor convictions, means you can never legally own or possess a firearm again. For many of my clients, protecting their future gun rights is the single most important goal of the case.
- Felony exposure and prison. Many weapons charges are “wobblers” that the District Attorney can file as felonies, and gun enhancements can add years to any sentence.
- Confiscation of your firearms. An arrest often comes with seizure of your guns, and getting them back is its own legal process.
- Collateral damage to your job, professional licenses, immigration status, and, for many, a clean record they have kept their whole lives.
How I Defend Firearms Charges
Firearms cases are won on the details, and there are many places these cases can break in your favor:
- The search and seizure. A great many gun cases begin with a traffic stop, a vehicle search, or a home search. If the police violated your Fourth Amendment rights, an unlawful stop, a search without valid consent or a warrant, an unconstitutional detention, I can move to suppress the firearm as evidence, and without the gun, the case often collapses entirely.
- Knowledge and possession. The prosecution must prove you knowingly possessed the firearm. A gun that belonged to someone else, was in a shared vehicle or home, or that you did not know was present, is a real and frequently successful defense.
- The technical definitions. Whether a firearm legally qualifies as an “assault weapon,” whether a magazine is actually prohibited, whether you fall within a statutory exemption, these are intricate, contested questions of law, and the prosecution frequently gets them wrong. The ongoing court battles over magazines (Duncan) and concealed carry (post-Bruen, SB 2) have left parts of California gun law genuinely unsettled, and that uncertainty can work in your favor.
- Prohibited-person status. Whether you were actually prohibited at the time, whether a prior truly disqualifies you, and whether your rights could be (or have been) restored are all worth examining closely.
- Reductions and diversion. Where the evidence is strong, the goal shifts to minimizing the damage, reducing a felony to a misdemeanorunder PC 17(b), pursuing judicial diversion where it is available so the case can be dismissed, and above all fighting to protect your firearm rights and keep you out of custody.
Getting Your Firearms Back
If your guns were seized after an arrest, a detention, or a restraining order, you may be entitled to their return once the underlying matter is resolved, but California requires you to go through a specific process, including a Department of Justice firearm eligibility check. I help clients recover lawfully owned firearms that have been confiscated. If this is your situation, call me and I will explain exactly what it takes.
A Few Honest Words About Strategy
In every case I ask the same three questions, in order: Can I get it dismissed? If not, can I get it reduced? And can I keep you out of jail? With firearms cases I add a fourth that matters enormously to most of my clients: can I protect your right to own a firearm? Sometimes the evidence is weak or the search was bad, and the whole case can go away. Sometimes the realistic goal is a reduction that keeps a felony off your record and your rights intact. I will look at your case honestly and tell you which outcome is realistic, not what you want to hear, but what is true, and then I will fight for the best result the facts allow.
Charged With a Weapons Offense in Ventura County? Call Me.
California firearms law is a minefield, and the consequences of getting it wrong follow you for life. Before you say anything to law enforcement or make any decisions about your case, talk to an attorney who knows this area and these courts. I grew up in Ventura County, I have practiced here for 30 years, and I am in the Ventura County courthouse nearly every day. Call me at 805-889-9000 for a free, confidential consultation. I answer my own phone, no secretary, no paralegal, no associate, I work on flat fees quoted up front, and I am available 24/7. Serving Ventura, Oxnard, Camarillo, Thousand Oaks, Simi Valley, and all of Ventura County. This page provides general information about California law and is not legal advice. Firearms statutes change frequently and court decisions are ongoing; for advice about your specific situation, please call for a consultation.