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Gun Crime Lawyer in Santa Ana
California has some of the strictest gun laws in the country, and even a minor misstep, such as an expired registration, an improperly stored firearm, or carrying a weapon in the wrong location, can lead to serious criminal charges. If you have been charged with a gun crime in Santa Ana or elsewhere in Orange County, contact the Law Office of Sheny Gutierrez to speak with a knowledgeable and experienced criminal defense attorney who can protect your rights and fight for your future. We offer free consultations, so there is no risk in discussing the details of your case and finding out how we can help.
California Gun Purchase and Possession Laws
California regulates nearly every stage of firearm ownership, from who can buy a gun to how it must be stored. Knowing these rules and the penalties for breaking them is the first step toward protecting yourself after an arrest. For a closer look at the purchase process itself, see our guide on how to buy, sell, and register a gun in California.
Minimum Age to Purchase a Firearm
California law sets 21 as the minimum age to purchase any handgun. Since a 2019 change in the law (Penal Code 27510), that same 21-year-old minimum now applies to semiautomatic centerfire rifles as well, closing what used to be a gap between handgun and long gun purchase ages. Only certain other long guns, such as standard shotguns or non-semiautomatic rifles, may still be purchased by an 18- to 20-year-old, and generally only with a valid hunting license or active military or law enforcement credentials. Anyone outside these narrow exceptions who purchases a restricted firearm underage risks criminal liability along with the seller.
Background Checks and Waiting Periods
Every firearm purchase in California, including private-party sales, must go through a licensed dealer. This triggers a Department of Justice background check, a Dealer Record of Sale, and a standard 10-day waiting period before the buyer can take possession.
Firearm Safety Certificate Requirement
Before completing most firearm purchases, California requires the buyer to hold a valid Firearm Safety Certificate, obtained by passing a written safety test. This is a statewide requirement under Penal Code 26840, not something unique to Orange County or Santa Ana, so it applies no matter where in California you buy a gun. A small number of exemptions exist, including active hunting license holders and buyers of certain long guns.
Banned and Restricted Weapons
Certain weapons are illegal to possess in California regardless of age or background check status, including short-barreled shotguns, zip guns, and undetectable firearms. California’s assault weapons ban also remains in effect statewide. That ban has faced ongoing federal court challenges in recent years, so its scope can shift, and anyone unsure whether a specific firearm qualifies as a banned assault weapon should get legal advice before buying, modifying, or possessing one.
Where You Cannot Carry or Possess a Firearm
California’s list of firearm-restricted locations, known as sensitive places, is far longer than most people realize. Beyond the schools, government buildings, and public transit most residents already know about, Penal Code 26230 also restricts firearms at hospitals and medical offices, public libraries, parks and playgrounds, places of worship (unless the property is posted to allow carrying), financial institutions, polling places, and most privately owned businesses that have not posted a sign permitting firearms. Some provisions of this law, particularly the default rule for private property, have been challenged in federal court, so the exact boundaries can change. Because the list of restricted locations is this extensive and evolving, anyone who carries a firearm in Santa Ana or Orange County should confirm current restrictions before entering an unfamiliar property, and should speak with a criminal defense attorney immediately if charged with possessing a firearm in a restricted location.
Transporting and Storing Firearms Legally
Vehicle Transport Rules
California law does not simply require a firearm in a vehicle to be unloaded and out of sight. Under Penal Code 25610, an unloaded handgun in a vehicle must either be locked in the trunk or locked in a separate container inside the vehicle. If you are carrying the firearm directly to or from the vehicle, it must be inside a locked container the entire time. Simply placing an unloaded gun on a seat or in an unlocked glove compartment does not satisfy the law, even if the weapon is not visible.
Home Storage Requirements
When storing firearms at home, California law requires an approved safety device, an unloaded condition, and separation from ammunition in most circumstances. Additional safe storage requirements apply if a child or a person prohibited from possessing firearms is likely to have access to the weapon. Violating these storage rules can result in criminal charges even without any allegation of intent to commit another crime.
Crimes Involving Firearms in Santa Ana
Violating California’s gun ownership, storage, or transportation laws is a criminal offense on its own, but firearm charges also commonly arise as an add-on to other criminal allegations. A firearm enhancement can be attached to charges such as robbery, assault, or battery, or a domestic violence allegation whenever a gun was allegedly used or displayed during the offense. Common standalone firearm charges in Santa Ana and throughout Orange County include carrying a concealed firearm (Penal Code 25400), carrying a loaded firearm in public (Penal Code 25850), possession of a firearm by a prohibited person (Penal Code 29800), possession of an assault weapon (Penal Code 30605), brandishing a firearm (Penal Code 417), and unlawfully discharging a firearm (Penal Code 246 and 246.3). Firearm charges require an aggressive criminal defense attorney who will thoroughly examine the search, seizure, and arrest procedures used in your case and fight for the best possible outcome. Sheny Gutierrez and his Santa Ana criminal defense team have a proven track record defending clients against gun crime charges throughout Orange County.
Penalties for Common California Gun Crimes
The table below summarizes potential penalties for some of the most common firearm charges in Santa Ana and Orange County.
| Charge | Classification | Potential Penalty |
| Carrying a concealed firearm (PC 25400, base offense) | Misdemeanor | Up to 1 year in county jail and/or a fine up to $1,000 |
| Carrying a concealed firearm, aggravated (PC 25400(c)) | Felony | 16 months, 2, or 3 years in county prison |
| Carrying a loaded firearm in public (PC 25850, base offense) | Misdemeanor | Up to 1 year in county jail and/or a fine up to $1,000 |
| Carrying a loaded firearm in public, aggravated (PC 25850(c)) | Felony | 16 months, 2, or 3 years in county prison |
| Possession of a firearm by a prohibited person (PC 29800) | Felony | 16 months, 2, or 3 years in county prison |
| Possession of an assault weapon (PC 30605) | Wobbler | Misdemeanor: up to 1 year in county jail. Felony: 16 months, 2, or 3 years in county prison |
| Brandishing a firearm in public (PC 417(a)(2)(A)) | Misdemeanor | 3 months to 1 year in county jail and/or a fine up to $1,000 |
| Shooting at an inhabited dwelling or occupied vehicle (PC 246) | Felony | 3, 5, or 7 years in state prison, or 6 months to 1 year in county jail |
| Grossly negligent discharge of a firearm (PC 246.3) | Wobbler | Misdemeanor: up to 1 year in county jail. Felony: 16 months, 2, or 3 years in county prison |
This table reflects base statutory penalties as of this article’s publication and does not include sentencing enhancements, such as those for gang involvement, prior strikes, or use of a firearm during a separate felony, which can add significant additional prison time. An experienced attorney can evaluate which specific penalties and enhancements apply to your case.
Who Cannot Legally Own or Possess a Gun in California?
In addition to the purchase, storage, and transportation requirements above, California prohibits certain people from owning or possessing a firearm at all. How long that prohibition lasts depends on the underlying conviction or circumstance, and the differences matter a great deal to anyone trying to understand when, or whether, their gun rights can be restored.
| Category | Duration of Firearm Prohibition |
| Convicted felon (PC 29800) | Lifetime, unless firearm rights are restored through a pardon or other legal process |
| Most other disqualifying misdemeanor convictions (PC 29805(a)) | 10 years from the date of conviction |
| Misdemeanor domestic violence conviction under PC 273.5, on or after January 1, 2019 (PC 29805(b)) | Indefinite under California law, with no automatic end date |
| Any misdemeanor crime of domestic violence (federal law, 18 U.S.C. 922(g)(9)) | Lifetime under federal law, regardless of the state law duration above |
| Person addicted to narcotic drugs (PC 29800) | Until the addiction ends and firearm rights are otherwise restored |
| Subject to certain active protective or restraining orders | Duration of the order |
| On probation with a firearm-related condition | Duration of probation, as a specific condition rather than an automatic statutory ban |
The overlap between California’s 10-year misdemeanor ban and the federal lifetime ban for domestic violence convictions is a common source of confusion. Even if a California prohibition has expired, a domestic violence misdemeanor conviction can still carry a lifetime firearm ban under federal law. Anyone with a domestic violence conviction should confirm their current firearm rights with an attorney before purchasing or possessing a gun under any circumstance.
Gun Crime Lawyer in Santa Ana, CA
The Law Office of Sheny Gutierrez is a criminal defense law firm with nearly 20 years of experience representing clients in Santa Ana, Orange County, and Southern California. Attorney Sheny Gutierrez is bilingual in English and Spanish, has served as a criminal defense attorney for the Mexican Consulate, and offers free consultations seven days a week. We have successfully defended clients across a wide range of criminal matters, and we have the legal knowledge to guide you through a gun crime case as well.
Contact us today to schedule your free consultation with our Santa Ana criminal defense lawyer.
Frequently Asked Questions
What should I do if I am arrested for a gun crime in Santa Ana?
Exercise your right to remain silent beyond providing basic identifying information, do not consent to any search of your home, vehicle, or belongings, and contact a criminal defense attorney as soon as possible. Anything you say to the police before speaking with an attorney can be used against you.
Can I get my gun rights back after a felony conviction in California?
It depends on the offense and your criminal history. Some individuals may restore their firearm rights through a governor’s pardon, a successful petition to reduce a wobbler felony to a misdemeanor, or, in limited circumstances, an expungement under Penal Code 1203.4. An attorney can review your record to determine whether any restoration option applies to your situation.
Is it legal to carry a gun openly in California?
Openly carrying an unloaded handgun is illegal in nearly all public places in California, and open carry of a loaded firearm is even more restricted. Very limited exceptions exist, such as for licensed hunters or certain security professionals acting within the scope of their duties.
What is the difference between carrying a concealed firearm and carrying a loaded firearm charge?
Carrying a concealed firearm under Penal Code 25400 involves hiding a weapon on your person or in a vehicle, while carrying a loaded firearm in public under Penal Code 25850 involves having a loaded weapon in public regardless of whether it is concealed. A single incident can sometimes lead to charges under both statutes.
Can a gun charge affect my immigration status?
Firearm convictions can carry serious immigration consequences, including possible removal proceedings, depending on the specific offense, the sentence imposed, and your immigration status. Anyone who is not a United States citizen and is facing a gun charge should discuss the immigration implications with their criminal defense attorney before entering any plea.
Will I automatically lose my job if I am charged with a gun crime?
Not automatically, but certain professions, including those requiring a professional license or security clearance, may have separate reporting or disciplinary consequences tied to a criminal charge or conviction. A criminal defense attorney can help you understand what disclosures may be required and how to protect your livelihood while your case is pending.
Can gun charges be reduced or dismissed?
Depending on the facts of the case, an attorney may be able to challenge an unlawful search or seizure, dispute whether a weapon was actually accessible or operable, negotiate a reduction to a lesser charge, or identify a valid legal exception that applies to your situation. Every case depends on its specific facts and criminal history.
Do I need a lawyer for a first-time gun possession charge?
Yes. Even a first-time misdemeanor gun charge can result in a criminal record, fines, and firearm rights consequences that last well beyond the case itself. An experienced attorney can often achieve a better outcome than navigating the process alone, particularly given how technical California’s firearm statutes are.
What is a firearm sentencing enhancement?
A sentencing enhancement adds additional prison time to a separate felony conviction when a firearm was used, displayed, or was available during the commission of that felony. Enhancements are charged in addition to, not instead of, the underlying offense’s own penalty.
How long does a gun crime case take to resolve?
Timelines vary widely depending on whether the charge is a misdemeanor or felony, whether evidence is being challenged, and the court’s calendar. Some misdemeanor cases resolve in a few months, while felony cases involving preliminary hearings and pretrial motions can take considerably longer.
