Riverside Top-Tier Gun Charge Defense Attorney
A gun charge can place your freedom, reputation, career, and firearm rights at risk. California regulates where firearms may be carried, how they must be transported, and who may legally possess them. A person may face criminal charges even when the firearm was never fired or used to threaten anyone.
At the Law Office of Gregory H. Comings, APC, I defend clients accused of firearm and weapons offenses throughout Riverside County. With more than 20 years of criminal defense experience, I know that these cases often turn on details involving possession, knowledge, police searches, firearm registration, and the circumstances surrounding an arrest.
Call 951-686-3457 or use our confidential contact form to speak with a Riverside gun charge defense attorney.
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California Gun Charges Can Begin With a Traffic Stop or Search
Many firearm cases begin during routine encounters with law enforcement. An officer may discover a gun after stopping a vehicle, searching a home, responding to a domestic disturbance, or investigating an unrelated allegation. Other cases involve people visiting California who mistakenly believe an out-of-state carry permit authorizes them to carry a firearm here.
An arrest does not automatically establish that the accused knowingly or unlawfully possessed the weapon. The prosecution must prove every element of the charged offense beyond a reasonable doubt. How officers discovered the firearm—and whether they had the legal authority to stop, detain, or search the accused—can be central to the defense.
Reach out to our Riverside gun charge defense lawyer at 951-686-3457 or schedule an initial consultation through our confidential contact form.
Types of Gun Charges I Defend Against
California has numerous firearm laws, and the possible charges depend on where the weapon was found, whether it was loaded or concealed, and whether the accused was legally permitted to possess it.
Carrying a Concealed Firearm
California Penal Code Section 25400 prohibits carrying a concealable firearm hidden on one’s person or in certain circumstances inside a vehicle. Depending on factors such as the accused’s criminal history, lawful possession of the weapon, and whether the firearm was loaded, the offense may carry misdemeanor or felony consequences.
Carrying a Loaded Firearm in Public
Under Penal Code Section 25850, carrying a loaded firearm on one’s person or in a vehicle in specified public places may result in criminal charges. The seriousness of the charge may increase if the firearm was stolen, unlawfully possessed, or connected to other alleged criminal activity.
Felon or Prohibited Person in Possession of a Firearm
Penal Code Section 29800 restricts firearm possession by people with certain felony or other qualifying convictions. Firearm restrictions may also arise from particular misdemeanor convictions, protective orders, or other legal prohibitions.
Brandishing a Firearm
Penal Code Section 417 generally prohibits exhibiting a loaded or unloaded firearm in a rude, angry, or threatening manner, except when done in lawful self-defense. The firearm does not necessarily need to be discharged for prosecutors to pursue a brandishing charge.
Assault With a Firearm
An allegation that someone used a firearm in an assault may lead to prosecution under Penal Code Section 245. These charges can expose the accused to substantial incarceration, particularly when the allegations involve a semiautomatic firearm, assault weapon, peace officer, or firefighter.
Other Firearm and Weapons Allegations
I also represent clients facing allegations involving:
- Negligent discharge of a firearm
- Possession of an assault weapon
- Unserialized or unlawfully manufactured firearms
- Firearm possession while subject to a protective order
- Possession of prohibited weapons
- Use of a firearm during another alleged crime
- Drive-by shooting allegations
- Firearm and gang enhancements
- California’s 10-20-life sentencing enhancement
What Must Prosecutors Prove in a Gun Possession Case?
Finding a firearm near someone does not always establish criminal possession. Depending on the charge, prosecutors may need to prove that the accused knew the gun was present and exercised control over it.
Possession may be actual or constructive. Actual possession generally means the firearm was physically on the accused. Constructive possession may be alleged when a gun is found in a vehicle, bedroom, bag, or another location over which the accused supposedly exercised control.
These distinctions matter when several people had access to the location. A firearm found under a passenger seat, inside another person’s luggage, or in a shared residence does not necessarily prove who owned it, knew about it, or controlled it.
Reach out to our gun charge defense attorney in Riverside at 951-686-3457 or schedule an initial consultation through our confidential contact form.
Potential Defenses to Riverside Gun Charges
A defense must be based on the specific charge and evidence. Possible strategies may include the following.
Unlawful Stop or Detention
Officers generally need a legally sufficient reason to stop a person or vehicle. If the initial detention violated the Fourth Amendment, evidence obtained as a result may be challenged.
Illegal Search and Seizure
Police ordinarily need a warrant or a recognized exception to the warrant requirement to search a vehicle, home, bag, or other protected location. When a firearm is discovered during an unlawful search, the defense may seek to suppress it.
Lack of Knowledge or Possession
The prosecution may be unable to prove that the accused knew the firearm was present or had the right and ability to control it. This issue frequently arises when multiple people occupy the same vehicle or residence.
Lawful Possession, Transportation, or an Applicable Exception
California firearm laws contain specific exceptions involving licensed carry, lawful transportation, homes, businesses, and other limited circumstances. The facts must be compared carefully with the requirements of the applicable statute.
Self-Defense or Defense of Another Person
Self-defense may apply when a firearm was displayed or used in response to an imminent threat. The evidence must support that the accused reasonably believed force was necessary and used no more force than the situation legally justified.
Insufficient or Unreliable Evidence
Conflicting statements, unclear recordings, mishandled evidence, missing fingerprints, or gaps in the chain of custody may weaken the prosecution’s case. Every assumption about the firearm and its connection to the accused should be tested.
Gun Enhancements Can Add Years to a Sentence
Firearm allegations may also increase the punishment for an underlying felony. Under Penal Code Section 12022.53, using, intentionally discharging, or causing great bodily injury or death with a firearm during certain felonies can add substantial consecutive prison terms.
California courts may have discretion to strike or dismiss a firearm enhancement in the interest of justice. Whether that discretion applies and how it should be presented depend on the charges, the evidence, the accused’s history, and the circumstances of the case.
Reach out to our gun charge defense lawyer in Riverside at 951-686-3457 or schedule an initial consultation through our confidential contact form.
What to Do After a Gun-Related Arrest
If you have been arrested or contacted by investigators:
- Exercise your right to remain silent.
- Do not attempt to explain ownership or possession of the firearm.
- Do not consent to additional searches.
- Preserve information about the stop, search, and arrest.
- Attend every scheduled court appearance.
- Speak with a criminal defense attorney before answering questions.
Statements intended to clarify a misunderstanding can later be used to support possession, knowledge, or intent. Early legal representation allows the circumstances of the search and seizure to be investigated before critical evidence is lost.
Contact a Gun Charge Defense Attorney in Riverside
Gun charges can move quickly and carry consequences that last long after the criminal case ends. Contact the Law Office of Gregory H. Comings, APC at 951-686-3457 to discuss the allegations, the evidence, and the defenses that may apply, or reach out to us through our confidential contact form.
