The moment after a firearms possession arrest is disorienting. Whether the gun was found in your car, your home, or on your person, the immediate question isn’t whether you’re guilty. It’s whether you understand what you’re actually facing. California’s firearms laws are among the most detailed in the country, and that complexity grew sharper on July 1, 2026, when new legislation created categories of illegal possession many gun owners didn’t see coming.
At Maas and Russo, our criminal defense attorneys represent people facing firearms charges at every level, from first-time misdemeanor cases to felony charges heard at the Solano County Hall of Justice in Fairfield. Attorney Thomas Maas has been recognized as a Rising Star by Super Lawyers magazine, an honor given to a small percentage of attorneys, and our team handles these cases with the urgency they require. What follows is a practical walkthrough of how California defines illegal firearms possession, what the criminal process looks like after arrest, and where defense strategy can make a real difference.
Who California Law Prohibits from Possessing a Firearm
California Penal Code section 29800 bars convicted felons, people convicted of certain violent misdemeanors, and anyone addicted to a narcotic drug from owning, purchasing, receiving, or possessing a firearm. The statute is enforced broadly, and it covers more people than many assume.
One concept that surprises many people is constructive possession. You don’t need to be holding a firearm to be charged with possessing it. If a gun is found in a location you controlled (a glove compartment, a bedroom, a storage unit) the prosecution can argue you possessed it even if you never physically touched it. That distinction matters enormously because it shapes both how charges are brought and how a defense is built.
As of January 1, 2026, California’s expanded safe storage law added another layer for otherwise-legal gun owners. Firearms in a residence must now be stored in a California Department of Justice-approved locked container whenever they’re not under the owner’s immediate and direct control. Leaving a firearm unsecured in a home where others could access it is now a potential violation, even for someone who lawfully owns the weapon.
The Most Common Firearms Possession Charges in California
Felon in Possession (PC 29800):
This is a straight felony with no misdemeanor option. A conviction carries 16 months to 3 years in state prison. Any person with a prior felony conviction found with a firearm can be charged here, regardless of whether the weapon was loaded or even functional.
Carrying a Concealed Firearm (PC 25400):
This is a wobbler offense, meaning the prosecutor can charge it as either a misdemeanor or a felony depending on criminal history, whether the firearm was stolen, and other aggravating factors. Without a valid concealed carry permit, a person found with a hidden firearm in a vehicle or on their body faces this charge.
Carrying a Loaded Firearm in Public (PC 25850):
The penalties here mirror PC 25400. When a firearm is both loaded and illegally concealed, prosecutors will often file both charges together.
AB 1127 Machinegun-Convertible Pistols:
Effective July 1, 2026, Assembly Bill 1127 prohibits licensed firearms dealers from selling or transferring semiautomatic machinegun-convertible pistols, a category that includes many popular striker-fired handguns. The law also prohibits any person from possessing, manufacturing, selling, or transporting a machinegun-convertible pistol equipped with a pistol converter. Gun owners who haven’t checked whether their firearms fall under either provision may face consequences they genuinely didn’t anticipate.
What Happens After a Firearms Arrest in Solano County
After a firearms possession arrest in Solano County, the case is filed with the Criminal Division of the Solano County Superior Court. All criminal proceedings, from misdemeanor arraignments through felony jury trials, are handled at the Solano County Hall of Justice at 600 Union Avenue in Fairfield. The process moves quickly once a case is filed.
Arraignment & Bail
The arraignment is the first court date, where formal charges are read and the defendant enters a plea. Bail conditions are set at this stage as well. For firearms charges, a prior criminal record, the presence of a loaded weapon, or any connection to gang activity can push bail amounts significantly higher or result in bail being denied entirely. How you’re represented at this first appearance shapes the trajectory of everything that follows.
Pretrial Motions & Evidence Challenges
The pretrial phase is where the most significant defense work often happens. If law enforcement discovered the firearm through an unlawful stop, search, or seizure, a suppression motion under the Fourth Amendment can ask the court to exclude that evidence entirely. When a suppression motion succeeds, the prosecution may have no case left to pursue. These motions require careful review of the police report, body camera footage, and the legal basis claimed for the search.
Prefiling Intervention
In some cases, our attorneys can engage with the Solano County District Attorney’s office before charges are formally filed. Prefiling negotiation doesn’t guarantee a particular outcome, but it opens a window that closes the moment charges go on record. It’s one of the clearest reasons why contacting a defense attorney immediately after arrest, rather than waiting for a court date, can change what happens next.
How Penalties Escalate: Enhancements, Strikes, & Prior Convictions
The baseline penalties for firearms possession are serious on their own. A misdemeanor conviction carries up to one year in county jail and fines up to $1,000. A felony conviction carries 16 months to 3 years in state prison and fines up to $10,000. Those numbers can increase substantially depending on the circumstances.
Under California Penal Code section 12022.53, if a defendant personally uses a firearm during the commission of a listed serious felony, an additional 10 years is added to the sentence. Personally and intentionally discharging the weapon during that felony adds 20 years. If that discharge proximately causes great bodily injury or death, the addition is 25 years to life, stacked on top of the base sentence.
There’s also a critical Proposition 36 exception that catches many people off guard. Proposition 36, which California voters passed in 2012 to reform the Three Strikes Law, generally limited the 25-years-to-life sentence to cases where the third felony is also serious or violent. But defendants with two prior strikes who are convicted of a firearms possession offense under Penal Code sections 29800 through 29875 are explicitly excluded from that reform. Even if the current firearms charge wouldn’t otherwise qualify as a violent felony, a third-strike sentence still applies. As we’ve noted in prior work on California’s Three Strikes Law, an early review of a client’s prior convictions frequently changes how these cases are charged and resolved. A Romero motion, which asks the court to strike a prior conviction in the interest of justice, is one procedural tool available in Three Strikes cases. It isn’t guaranteed to succeed, but it’s a recognized avenue worth pursuing when the facts support it.
Consequences That Outlast the Sentence
The sentence itself isn’t the only consequence that follows a firearms conviction. Several collateral effects can outlast the jail or prison term by years.
- Loss of Firearm Rights: A firearms conviction, even a misdemeanor in some circumstances, can result in a long-term or permanent loss of the right to own or possess a firearm under California and federal law.
- Federal Exposure: Federal law under 18 U.S.C. section 922(g) treats possession of a firearm by a prohibited person as a separate federal felony, punishable by up to 10 years in federal prison. State and federal charges can be pursued simultaneously.
- Employment & Licensing: Felony convictions create barriers to professional licenses, certain types of employment, and housing applications, with effects that can persist long after a sentence is served.
- Immigration Consequences: For non-citizens, a firearms conviction can trigger removal proceedings regardless of how long the person has lived in the United States.
- Security Clearance Eligibility: Solano County is home to Travis Air Force Base, and many local residents hold positions that require a federal security clearance. A firearms conviction, particularly a felony, creates a significant barrier to clearance eligibility under federal adjudicative guidelines and can end or foreclose a military or defense-sector career.
Defense Strategies That Can Change the Outcome
A firearms charge isn’t the same as a conviction. How the firearm was found, where it was found, and whether the prosecution can prove you actually controlled it all affect how strong the case against you really is.
Suppression Motions & Fourth Amendment Challenges:
The most consequential early defense move is often challenging how the firearm was discovered. An unlawful traffic stop, a search conducted without a warrant or valid exception, or a probation search that exceeded its authorized scope can all render the evidence inadmissible. If the firearm is suppressed, the prosecution may have nothing left to prove. This analysis requires reviewing every step law enforcement took from the initial encounter forward.
Constructive Possession & Lack of Knowledge:
Constructive possession requires the prosecution to prove the defendant actually exercised dominion and control over the firearm, not just that they were near it. A gun found in a shared apartment, a borrowed car, or a bag that belonged to someone else doesn’t automatically implicate the person charged. Lack of knowledge is a recognized defense when the evidence supports it, and the burden is on the prosecution to prove knowing possession.
Momentary & Justifiable Possession:
California law recognizes a statutory defense for momentary or justifiable possession when a person briefly handles a firearm for the purpose of disposing of it, doesn’t take it off the premises, and doesn’t attempt to prevent law enforcement from taking custody of it. This defense is narrow, but it applies in specific fact patterns. For example, when someone picks up a firearm they found or inherited without intending to keep it.
The decisions made in the hours and days immediately after a firearms possession arrest carry the most weight. Bail, charging decisions, suppression opportunities, and prefiling negotiations are all in play at the start. If you or someone you know is facing firearms charges in Fairfield or anywhere in Solano County, Maas and Russo is prepared to act quickly. Reach our team at (800) 483-0992 as soon as possible.