Firearms and Weapons

Placer County Weapons Charges Defense Attorney

California Gun & Firearms Crime Lawyer – Tiemann Defense

Aggressive Defense for Weapons Charges in Roseville, Lincoln, Auburn & Rocklin

 

If you are facing a weapons or firearm charge in Placer County, your freedom, gun rights, and future are at risk. California has some of the strictest weapons laws in the country, and many offenses are wobblers that can be filed as either a misdemeanor or a felony.

Tiemann Defense provides strategic, results-driven representation for clients charged with gun and weapons offenses throughout:

• Roseville
• Lincoln
• Auburn
• Rocklin
• All Placer County courts

📍 Office: 209 Harding Blvd. Suite 7, Roseville, CA 95678
📞 Call Now: 916.939.3900

California Weapons Charges We Defend

Felon in Possession of a Firearm – PC 29800

Elements the prosecutor must prove:

1. You had a prior felony (or qualifying conviction)
2. You owned, possessed, or controlled a firearm

Key defenses:

• The gun did not belong to you
• No knowledge of the weapon
• Illegal search and seizure
• The prior conviction does not qualify

Penalty: Up to 1 year of probation or 16m, 2, 3 years prison

Felon in Possession of Ammunition – PC 30305

Elements:

1. Prior prohibited conviction
2. Possession or control of ammunition

Defense strategies:

• No knowledge of the ammunition
• Constructive possession cannot be proven
• Suppression of evidence

Penalty: Up to 1 year of probation or 16m, 2, 3 years prison

Carrying a Concealed Firearm – PC 25400

This includes guns in vehicles.

Elements:

1. You carried a firearm concealed on your person or in a vehicle
2. You knew it was there

Defenses:

• Valid concealed carry permit
• Illegal vehicle search

Wobbler: Can be a misdemeanor or felony.

Carrying a Loaded Firearm in Public – PC 25850

Elements:

1. You carried a loaded firearm
2. In a public place or vehicle
3. You knew the firearm was loaded

Wobbler: Can be a misdemeanor or felony.

Brandishing a Weapon – PC 417

Elements:

1. You drew or displayed a weapon
2. In a rude, angry, or threatening manner
3. In the presence of another person

Defenses:

• Self-defense
• Defense of others
• The object was not a weapon

Wobbler: Can be a misdemeanor or felony.

Assault with a Firearm – PC 245(a)(2)

Elements:

1. You acted with a firearm
2. You had the present ability to apply force
3. The act was willful

Wobbler offense: Can be a misdemeanor or a felony (Strike if charged as a felony).

Possession of an Assault Weapon – PC 30605

California bans specific firearms classified as assault weapons.

Defenses:

• Firearm not legally an assault weapon
• Lawful registration
• Illegal search and seizure

Wobbler: Can be a misdemeanor or felony.

Ghost Guns & Unserialized Firearms

California law requires firearms to have:

• A valid serial number
• Proper registration

Charges may include:

• Possession of an unserialized firearm
• Manufacturing a firearm without a license

Potential felony exposure.

Illegal Firearms in California

This category may include:

• Short-barreled rifles or shotguns
• Undetectable firearms
• Zip guns
• Cane guns

Many of these offenses are felonies.

Wobbler Offenses in California Weapons Cases

A wobbler means the charge can be filed as:

• A misdemeanor or
• A felony

The decision depends on:

• Criminal history
• Facts of the case
• Mitigation presented by your defense attorney

Avoiding a felony is critical to protecting:

• Gun rights
• Employment
• Immigration status

17(b) Motions – Reducing a Felony to a Misdemeanor

Under California Penal Code §17(b), a felony wobbler can be reduced to a misdemeanor if:

• Probation is granted, or
• The case is filed as a felony but qualifies for reduction

Benefits of a 17(b) reduction:

• Restores certain firearm rights (in qualifying cases)
• Improves employment opportunities
• Reduces immigration consequences
• Clears the path for expungement
• Can preserve gun rights

We file strategic 17(b) motions to help clients avoid lifelong felony convictions.

Defenses to California Weapons Charges

Every case is fact-specific. Common winning defenses include:

Illegal search and seizure

Fourth Amendment violations can lead to dismissal.

Lack of possession

You must have knowledge and control of the weapon.

Lawful transport of a firearm

California allows legal transport if:

• The firearm is unloaded
• In a locked container

Self-defense

Especially in brandishing and assault cases.

Registration and licensing compliance

Why Choose Tiemann Defense for a Weapons Charge?

✔ Local Placer County courtroom experience
✔ Strategic negotiations to avoid felony convictions
✔ Aggressive suppression motion litigation
✔ Proven record in serious criminal cases

Weapons Charges FAQ

Is carrying a gun in your car illegal in California?

It is legal only if the firearm is unloaded and in a locked container without a concealed carry permit.  The locked container must be fully enclosed and secured with a padlock, combination lock, or key lock (not glove box or center consoles even with a lock).  For cars with trunks the locked container should be stored there.  In vehicles without a trunk, place the container in an area that is not easily accessible to the driver or passengers.

Are all gun charges felonies?

No. Many are wobblers that can be reduced to misdemeanors.

Can a felony gun charge be reduced?

Yes. A 17(b) motion may reduce a qualifying felony to a misdemeanor.

Do I lose my gun rights permanently?

A felony conviction results in a lifetime ban. Avoiding a felony is critical.

Speak With a Placer County Gun Charges Lawyer Today

Weapons charges move fast. Early intervention can mean:

• No charges filed
• Felony reduction
• Case dismissal

📞 Call Tiemann Defense at 916.939.3900
📍 209 Harding Blvd. Suite 7, Roseville, CA 95678

Serving Roseville, Lincoln, Auburn, Rocklin, and all of Placer County.