Weapons charges in Modesto
California has one of the country's most layered firearm regulatory schemes. The same conduct can be a misdemeanor for one person, a felony for another, and a federal case for a third — and all three can apply at once.
What we handle
- PC 25400 — Carrying a concealed firearm. Wobbler in many circumstances, misdemeanor when the gun is registered to the carrier and other factors apply.
- PC 25850 — Carrying a loaded firearm in public. Wobbler.
- PC 26350 — Open carry of an unloaded firearm. Misdemeanor.
- PC 29800 — Felon in possession of a firearm. Felony. Lifetime federal disability stacks on top.
- PC 29805 — Misdemeanant in possession of a firearm. A 10-year California prohibition that follows certain misdemeanor convictions.
- PC 30605 — Possession of an assault weapon. Felony or misdemeanor depending on classification and history.
- PC 33215 — Short-barreled rifles and shotguns. Wobbler.
- PC 32310 — Magazines over 10 rounds. Misdemeanor in most cases.
- PC 417 — Brandishing. Misdemeanor; a felony in narrower circumstances under PC 417(b).
- PC 626.9 — Gun-Free School Zone Act. Felony with location-based enhancements.
Sentencing enhancements that drive everything
The single biggest factor in many felony cases is not the underlying charge — it's the firearm enhancement:
- PC 12022.5 — Personal use of a firearm: 3, 4, or 10 years.
- PC 12022.53 — "10/20/life" enhancements for firearm use during specified felonies. A discharged firearm causing GBI adds 25 to life on top of the underlying sentence.
- PC 12022(a)(1) — Armed with a firearm during a felony: 1 year.
These stack with the base term. They are also subject to judicial discretion to strike under PC 1385 and People v. Tirado. Whether to ask the court to strike — and how — is part of every case where a firearm enhancement is alleged.
What I look at first
- The stop and search. Was there reasonable suspicion to stop, probable cause to search the vehicle, and a lawful basis for the pat-down? Suppression motions under PC 1538.5 can dispose of the case where they win.
- Constructive possession. When a gun is found in a shared car or home, the prosecution still has to tie it to a specific person. That's a fact question, and there's a difference between proximity and possession.
- Knowledge. Did the client know the firearm was there, and know it was a firearm? Many "stash car" and "borrowed bag" cases turn on this.
- The prohibited-person status. PC 29800 requires the prior. If the prior was reduced under PC 17(b), expunged in a way that affects the disability, or wasn't actually qualifying, the case may not stand up.
- Federal exposure. A felon-in-possession case at the state level can be picked up federally under 18 USC 922(g), with very different sentencing.
State vs. federal
A weapons case can land in either system, and sometimes both. Federal charges carry mandatory minimums for some firearm offenses, and the federal sentencing guidelines are very different from California's determinate sentencing scheme. If a case has federal interest — gang task force involvement, ATF agents, multi-jurisdictional facts — it's worth knowing early.
Restoration of firearm rights
Some California firearm prohibitions can be lifted. A 10-year misdemeanor prohibition under PC 29805 ends on its own. A felony prohibition does not, but a successful PC 17(b) reduction (where the prior is a wobbler) ends the state prohibition. The federal Lautenberg disability for domestic-violence misdemeanors does not lift through California expungement; that's a separate, harder problem.
Collateral consequences
- Federal firearm disability — lifetime under 18 USC 922(g) for any felony conviction.
- Immigration — some firearm offenses are deportable on their own.
- Professional licenses — security, contracting, and law-enforcement-adjacent jobs often have firearm-history requirements.
- CCW — California's CCW eligibility excludes most clients with relevant prior history.
What to do now
- Don't consent to searches of vehicles, homes, or storage units.
- Don't make statements to ATF agents or detectives without counsel.
- Save receipts, registration, and ownership documents for any firearm legally owned.