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Firearm Offenses

California has some of the most restrictive firearm laws in the country, and the consequences of a weapons violation extend well beyond the criminal case. A conviction for a firearm offense often triggers mandatory state prison time, a permanent loss of the right to own or possess firearms, and — for law enforcement, military, and security professionals — the end of a career. At the Law Office of Nic Cocis, we defend individuals facing firearm charges in Murrieta and throughout Southwest Riverside County. Whether the issue is unlawful possession, a prohibited person allegation, or an enhancement attached to another criminal charge, we approach the defense knowing exactly how the prosecution builds these cases.

How California Firearm Law Works

Unlawful Possession, Prohibited Persons, and Carrying Laws

California’s firearms statutes are layered and precise. Small distinctions in the facts — where the firearm was, whether it was loaded, whether you were prohibited from possessing it — determine whether a charge is a misdemeanor or a felony.

Carrying a concealed firearm under Penal Code § 25400 is a wobbler. The misdemeanor version applies to most first-offense situations involving handguns not registered to the defendant. The felony version applies when the defendant has a prior felony conviction, when the firearm is stolen, when the defendant is not the registered owner and is an active participant in a criminal street gang, or when the defendant has a prior conviction for certain offenses. A concealed carry permit is a defense — but California’s permitting requirements are strict, and many carriers assume they’re covered when they’re not.

Carrying a loaded firearm in public under Penal Code § 25850 is similarly structured. A loaded firearm in a public place is a misdemeanor in most circumstances. It becomes a felony when the carrier has a prior felony or prior conviction for certain misdemeanors, when the firearm is stolen, or when the person is not the registered owner and is actively participating in criminal street gang activity.

Felon in possession under Penal Code § 29800 prohibits anyone convicted of a felony from possessing firearms. It’s a wobbler — but prosecutors typically file it as a felony, carrying 16 months, two, or three years. Critically, the prior conviction doesn’t have to be from California. A federal felony or an out-of-state felony disqualifies the same as a California conviction. People who received expungements sometimes believe their firearm rights were restored. They often weren’t — the restoration of firearm rights in California requires a specific, separate legal process.

Assault weapons and large-capacity magazines are governed by the Assault Weapons Control Act, codified primarily in Penal Code § 30510 et seq. Possession of an assault weapon without registration under an applicable amnesty period is a wobbler. Manufacturing, distributing, or transporting an assault weapon is a felony. Magazine capacity restrictions apply to devices holding more than ten rounds — possession is an infraction for magazines acquired before the restriction, and a more serious matter for those acquired after.

Firearm Enhancements: When a Gun Makes Any Charge Worse

Possessing or using a firearm during the commission of another offense dramatically increases the sentence. Penal Code § 12022.5 adds three to four years for personal use of a firearm in a felony. Penal Code § 12022.53 — California’s “10-20-life” law — adds ten years for personally using a firearm in a specified felony, twenty years for discharging it, and twenty-five years to life for discharging it and causing great bodily injury or death. These enhancements are serious, they’re mandatory, and they’re one reason why any case involving a firearm allegation requires immediate and experienced representation.

How We Can Help with Firearm Charges

Nic Cocis has defended firearm charges in Riverside County courts for over 25 years, including cases where a weapons allegation was attached to a more serious underlying charge. The defense strategy depends on the specific statute, the factual circumstances, and the defendant’s background — including prior convictions that affect prohibited person status and enhancement exposure.

Our firearm offense defense services include:

Challenging unlawful searches that produced the firearm as evidence
Contesting prohibited person status based on the nature of prior convictions
Advising on the legal process for restoration of firearm rights where applicable
Challenging constructive possession claims in shared-vehicle and shared-residence cases
Contesting the applicability of sentencing enhancements under § 12022.5 and § 12022.53
Defending against federal firearms charges, including those under 18 U.S.C. § 922

The Search That Found the Firearm

Most firearm possession cases begin with a stop — a traffic stop, a pedestrian stop, a search of a vehicle or home. The Fourth Amendment governs every one of those encounters. If the stop was unlawful, if the officer exceeded the scope of a consent search, if the warrant didn’t authorize the search that found the weapon, the evidence may be suppressible. We examine the full circumstances of how the firearm was found before drawing any conclusions about the strength of the prosecution’s case.

What to Expect When You Work with Us

01

Case and Record Review

We examine the facts of the stop or search, the charging document, and your prior criminal record — particularly any prior felonies, domestic violence convictions, or other disqualifying events that affect prohibited person status. Prior conviction records from other states and federal court are also relevant and must be reviewed carefully.

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02

Constitutional Challenges

If the firearm was found through a stop or search that didn’t comply with the Fourth Amendment, we file a motion to suppress. A successful suppression motion in a possession case typically ends the prosecution — there’s no case without the firearm.

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03

Charge and Enhancement Analysis

Where enhancements are alleged, we assess whether the facts support them — and whether they were pled correctly. Enhancement allegations have specific requirements, and procedural defects can sometimes be raised. Where the underlying offense is a wobbler, we pursue misdemeanor treatment.

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04

Resolution or Trial

Many firearms cases resolve through negotiation, particularly on first offenses without additional criminal history. Where the evidence was unlawfully obtained or the charge is factually contested, we take it to trial. Nic Cocis has tried cases in the Southwest Justice Center for over two decades and knows this courthouse.

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Facing a Firearm Charge in Murrieta or the Surrounding Area?

A firearms conviction in California carries long-term consequences that go beyond the courtroom. Contact the Law Office of Nic Cocis for a consultation. We serve clients in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Canyon Lake, French Valley, and throughout Southwest Riverside County.

Schedule a Consultation Call Law Office Of Nic Cocis Today

Why Choose the Law Office of Nic Cocis?

Former DA’s Office Intern

Knows how weapons charges are prosecuted — and where to challenge them

Enhancement Experience

Has handled § 12022.53 allegations in serious felony cases

Professional Client Representation

Has represented law enforcement officers and military personnel whose careers depend on the outcome

Multilingual Services

English, Romanian, and Spanish available

Frequently Asked Questions

In many cases, no. California’s expungement process under Penal Code § 1203.4 does not automatically restore firearm rights. If your underlying conviction was a felony, or if it was a specific domestic violence misdemeanor covered by the Lautenberg Amendment, your firearm rights are not restored by expungement alone. Restoration of firearm rights in California requires either a certificate of rehabilitation, a governor’s pardon, or a reduction of the conviction from felony to misdemeanor under Penal Code § 17(b) — and even then, certain offenses permanently prohibit firearm possession under federal law. We advise on the specific restoration pathway available for your conviction.

Constructive possession — having the ability and intent to exercise control over a firearm you didn’t physically possess — requires that you knew the firearm was there. Knowledge is an element the prosecution must prove. If the firearm was in a car you share with others, in a compartment you had no reason to know about, or left by someone else without your knowledge, the prosecution’s case is weaker than it appears. We examine who had access to the vehicle, who knew the firearm was present, and whether the prosecution can actually establish your knowledge beyond a reasonable doubt.

The lawfulness of the checkpoint and the scope of the search both matter. Sobriety checkpoints are subject to specific constitutional requirements in California. If the checkpoint wasn’t operated in compliance with the Ingersoll guidelines, the stop may be unlawful. If the officer searched your vehicle without consent or probable cause beyond the checkpoint purpose, the scope of the search may have been exceeded. Evidence found through an unlawful search or beyond the authorized scope of a checkpoint stop can be challenged. We review checkpoint procedures in every case where they were involved.

It can. Veterans who have been adjudicated as “mentally defective” — including those who were found incompetent to manage their VA benefits and had that determination reported to the National Instant Criminal Background Check System (NICS) — may be prohibited from purchasing or possessing firearms under federal law. The process for challenging a NICS disqualification and seeking relief is a federal administrative and legal matter, separate from California’s state law. We evaluate the specific basis for any NICS disqualification and advise on the available relief options.

On a first offense without aggravating factors — no prior felony, no stolen firearm, registered to the defendant — Penal Code § 25400 concealed carry is typically a misdemeanor carrying up to one year in county jail, a fine, and loss of any existing firearms. Probation is common on a first offense, and in some cases, a charge reduction or diversion may be available. The charge is wobblable to a felony with aggravating circumstances, which is why the specific facts matter so much. We assess the realistic outcome based on the actual circumstances of your case, not the statutory maximum.

Areas We Serve

  • Murrieta

  • Menifee

  • Wildomar

  • Canyon Lake

  • Temecula

  • Lake Elsinore

  • Winchester

  • French Valley

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