Under California Penal Code 25850, it is unlawful for a person to possess a firearm if they are not the registered owner of the firearm, and if they are not in immediate possession of a certificate of ownership or other evidence of ownership. In other words, it is illegal to possess a firearm on your person or in a vehicle if you are not licensed to do so or that is not registered in your name. You must have proof that you are the owner of the firearm. There are some exceptions to this law, such as for law enforcement officers and certain other individuals who are authorized to carry firearms. However, in general, if you are not licensed to carry a firearm and are found to be in possession of one, you could be charged with violating Penal Code 25850 PC.

In California, unlawful possession of a firearm is considered a "wobbler" offense, meaning that it can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant's criminal history. If charged as a misdemeanor, a conviction for unlawful possession of a firearm can result in up to one year in county jail and a fine of up to $1,000. If charged as a felony, a conviction can result in up to three years in state prison and a fine of up to $10,000.

In order for a person to be charged with unlawful possession of a firearm under PC 25850, the following elements must be present:

  • The person must possess a firearm
  • The firearm must not be registered in the person's name
  • The person must not be in immediate possession of a certificate of ownership or other evidence of ownership

There are several defenses to a charge of unlawful possession of a firearm under PC 25850, including:

  • Lack of possession: If the person did not actually possess the firearm, they cannot be charged with unlawful possession. For example, if the firearm was in someone else's possession or control, or if the person did not have access to the firearm, they cannot be charged with unlawful possession.
  • Lack of knowledge: If the person did not know that they were in possession of a firearm, they cannot be charged with unlawful possession. For example, if the firearm was hidden in a bag or other item that the person was carrying without their knowledge, they cannot be charged with unlawful possession.
  • Legal possession: If the person was legally entitled to possess the firearm, they cannot be charged with unlawful possession. For example, if the person was a law enforcement officer, a licensed firearms dealer, or a member of the military, they may be exempt from the requirements of PC 25850.
  • Mistake of fact: If the person made a reasonable mistake of fact regarding their possession of the firearm, they cannot be charged with unlawful possession. For example, if the person believed that they were the registered owner of the firearm, or if they believed that they had a certificate of ownership or other evidence of ownership, they may be able to use this defense.

To give an example of how PC 25850 might apply in a real-life situation, imagine that a person named John is at a friend's house, and he sees a firearm on a shelf in the living room. John picks up the firearm and starts to play with it, not realizing that it is not his own.

In this case, John could be charged with unlawful possession of a firearm under PC 25850. The elements of the crime would be satisfied because John possessed a firearm (he picked it up and handled it), the firearm was not registered in his name (it belonged to his friend), and he was not in immediate possession of a certificate of ownership or other evidence of ownership (he did not have any proof that he was the owner of the firearm).

If John were to be charged and convicted of unlawful possession of a firearm under PC 25850, he could face significant penalties, including jail time and significant fines. In addition, he would have a criminal record, which could affect his ability to find a job, secure housing, or obtain certain licenses or permits.

However, our experienced Los Angeles criminal defense lawyers at The Law Offices of David S. Chesley can help you. Contact our Attorney today at 800-755-5174.