Los Angeles Firearm Defense Attorney

California’s firearms laws are among the most complex in the nation. What feels like an innocent exercise of a constitutional right, stashing a revolver in the glove box “just in case,” or walking to the range with a loaded pistol, can lead to felony charges when the encounter occurs on the busy streets of Los Angeles. If you are charged for carrying a firearm in public, you must discuss your case with a knowledgeable and aggressive criminal defense attorney as soon as possible.

At Kraut Law Group Criminal & DUI Lawyers, Inc., we help clients understand the razor-thin line between lawful possession and a life-altering arrest, and we fight aggressively to secure dismissals, charge reductions, or alternative resolutions whenever possible.

California has no single “firearm possession” statute. Instead, prosecutors select from a menu of Penal Code sections, each drafted to punish a particular mode of carrying or possessing a gun in public. Three statutes appear most often in the Los Angeles Superior Court:

• Penal Code § 25400 – Concealed Carry of a Firearm
  • Targets any concealed firearm carried “on the person” or in a vehicle without a valid Carry Concealed Weapon (CCW) license.
  • Applies whether the gun is loaded or unloaded.
  • Elevates from a misdemeanor to a felony when aggravating facts exist (prior convictions, gang allegations, possession of a stolen gun, or simultaneous possession of drugs).
• Penal Code § 25850 – Loaded Firearm in a Public Place or Vehicle
  • Criminalizes openly carrying a loaded firearm on one’s person or inside a car while in any public place, on a public street in an incorporated city, or any “prohibited” area of unincorporated territory.
  • Constables and peace officers are exempt; so are hunters in lawful hunting zones.
  • Prosecution may file as a “wobbler,” meaning either a misdemeanor or felony.
• Penal Code § 26350 – Open Carry of an Unloaded Firearm
  • Makes it illegal to carry an exposed and unloaded handgun in public with very few exceptions (parades, film productions, or when transporting to and from a lawful sporting event).
  • Even though the weapon is not loaded, conviction can still block future firearm ownership.

Many of the clients we represent never meant to break the law. A firearm left in a rucksack after a camping trip, or a handgun moved from a home closet to a car during a hurried relocation, may satisfy every element of § 25400 or § 25850. Prosecutors rarely accept “I forgot the gun was there” as a defense. Key risk factors include:

• Transportation Confusion. Firearms must travel unloaded and locked in a fully enclosed container; a center console or glove box does not qualify.
• Crossover Licenses. A valid permit from Arizona, Nevada, or Texas is not honored in California.
• Temporary Hotel or Airbnb Stays. A lodging unit is not automatically treated as “residence premises” for open-carry exceptions.
• Airport Drop-Offs. Cutting through LAX traffic with a firearm in the trunk on the way to a desert shooting trip can lead to TSA-initiated arrests if the gun is not secured correctly.
• Borrowed Vehicles. Owners remain responsible for any firearm officers discover during a traffic stop, even if a friend is driving.

A firearm arrest typically triggers:

• Immediate Detention: LAPD or LASD seizes the weapon and transports the suspect for booking; transporting officers often tack on an enhancement for having ammunition accessible.
• Felony Filing Decision: The District Attorney’s Charge Evaluation Division reviews aggravators such as prior felony convictions, the presence of “cop killer” ammunition, or links to other crimes.
• Bail Schedules: For felony firearm possession, bail can be between $20,000 and $60,000; judges may raise or lower that figure at the arraignment.
• Weapon Hold Orders: Even if the case is dismissed, law enforcement may maintain a property hold under Penal Code § 12021.3 until a judge signs a release order.

Early representation can slash these burdens; we routinely seek own-recognizance releases or reduced bail at the first court appearance.

A conviction can trigger:

• County jail up to one year for misdemeanor convictions
• State prison 16 months, two years, or three years on felony counts
• Formal probation with search terms, firearm prohibitions, and mandatory community labor
• A lifetime ban on owning or possessing firearms when the conviction is a felony or involves domestic violence
• Potential federal charges if the weapon traveled in interstate commerce or the accused is a prohibited person under 18 U.S.C. § 922(g).
• Immigration repercussions. Firearm offenses are often classified as “aggravated felonies” or “crimes involving moral turpitude,” putting lawful permanent residents at risk of removal proceedings.
• Professional license issues. State licensing boards for nurses, teachers, real estate agents, and security guards may interpret a firearm conviction as conduct warranting suspension or revocation.

Every firearm case is fact-driven. Our team leverages the following defenses when supported by evidence:

• Fourth-Amendment Suppression. Challenging an unlawful traffic stop, warrantless search, or defective warrant can exclude the gun from evidence.
• Momentary Possession Doctrine. Brief, innocent handling of a firearm (e.g., disarming a drunk friend) may negate criminal intent.
• Locked-Container Exception. Transporting an unloaded handgun in the trunk or a hard-sided, locked case is lawful; proving proper storage can defeat § 25400 allegations.
• Lack of Knowledge. If the defendant genuinely did not know the firearm was present (common in borrowed-car scenarios), the “knowledge” element is missing.
• Antique or Inoperable Firearm. An 1898 antique revolver or a gun lacking a firing pin may fall outside statutory definitions.
• Permit and Exemption Verification. Active law-enforcement reserves, licensed armored-car guards, and specific federal agents have broad exemptions; paperwork, not argument, wins these motions.
• Necessity or Duress. Possession can be justified by transporting a weapon to surrender it to police or to protect oneself during a documented, imminent threat.
• Plea to Non-Firearm Offense. In negotiated dispositions, we push for pleas to Penal Code § 415 (disturbing the peace) or Vehicle Code infractions to preserve gun rights.

Q: “I just bought my gun legally, why was I arrested?”
California’s dealer background check says nothing about how you carry the weapon afterward. Once you leave the gun store, the transport rules take over.

Q: “The officer never read me my rights. Does that dismiss my case?”
Miranda violations suppress post-detention statements, not the firearm itself. We evaluate whether suppressed admissions would undermine the prosecution’s case.

Q: “Can I expunge a firearm conviction?”
Certain misdemeanors qualify for expungement under Penal Code § 1203.4; felonies reduced to misdemeanors via Penal Code § 17(b) may also be eligible. An expungement, however, does not restore your state or federal gun rights.

Q: “Will a restraining order block me from owning guns?”
Yes. Both emergency and permanent Domestic Violence Restraining Orders trigger immediate firearm surrender requirements under Penal Code § 29825 and Family Code § 6389.

Former Deputy District Attorney Michael Kraut spent 14 years prosecuting gun offenses in downtown Los Angeles, Van Nuys, and East L.A. That insider perspective now fuels our defense practice:

• Prosecutorial Insight. We know how charge-evaluation deputies decide on wobblers versus felonies, and we prepare counterarguments before the first filing conference.
• Expert Network. Certified firearms instructors, ballistics experts, and private investigators are ready to testify or reconstruct the scene when it helps prove lawful possession.
• Negotiation Credibility. Prosecutors trust the thoroughness of our presentations; we routinely secure informal diversion, deferred entry of judgment, or misdemeanor dispositions in cases that begin as felonies.
• Trial Firepower. When dismissal or reduction is not offered, Mr. Kraut’s jury-trial record of more than 80% acquittals or hung juries on firearm counts drives bargaining power and courtroom success.

Time is your ally only if you act quickly. A prompt, strategic response can mean the difference between:

• A felony that severs your Second Amendment rights forever
• A misdemeanor that disrupts your life for a year
• A total dismissal that keeps your record and your future clean, and

If you or a loved one faces allegations under Penal Code § 25400, § 25850, § 26350, or any other California firearm statute, reach out now. We will dissect the evidence, challenge unlawful searches, and press for the most favorable resolution possible.

For more information about the criminal justice process and to schedule your free consultation, contact Kraut Law Group Criminal & DUI Lawyers, Inc. at (888) 0334-6344 or (323) 464-6453 or use our secure online form.