California Illegal Weapons Possession Penalties (2026)

Unlawful possession of firearms or weapons charges in California: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing illegal weapons possession charges in California, consult a licensed California criminal defense attorney.

California Illegal Weapons Possession Penalties

OffensePenalty
First OffenseWobbler: up to 1 year jail or 16 months–3 years prison
Second OffenseFelony (prior conviction or firearm): up to 3 years prison

CA Penal Code §29800; felon in possession is felony; assault weapon possession is felony

Illegal Weapons Possession Statute of Limitations in California

In California, the general statute of limitations for a felony is 3 years and for a misdemeanor is 1 year.

See all California statutes of limitations →

Defending Against Illegal Weapons Possession Charges in California

Common defenses in California illegal weapons possession cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a California criminal defense attorney for advice.

Related California Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication