San Jose Gun Possession Lawyer
Fight Concealed Weapon Charges | Penal Code 25400 Defense
It can start as a simple traffic stop — and end with you in handcuffs. In California, even if you legally own your firearm, a small mistake like how you store it can lead to a concealed weapon charge under Penal Code 25400. Many people find themselves facing serious gun charges after routine stops, even though they never intended to break the law.
At Knight Law, we defend people accused of firearm possession and concealed weapon violations. If you’re facing charges, call us now at (408) 877-6177 for a confidential consultation.
How Most Gun Charges Start in California
The majority of gun possession cases in California begin with a traffic stop. Maybe it’s tinted windows. Maybe rolling a stop sign. Suddenly, officers claim they found a firearm in your car, and you’re facing charges for carrying a concealed weapon.
The good news? These cases can often be fought and dismissed. Here are five key defense strategies we use in court.
1. Challenge the Traffic Stop
Police need a lawful reason — at least “reasonable suspicion” — to pull you over. If the stop itself was unlawful, everything found afterward (including a gun) can be thrown out. Your attorney can file a motion to suppress evidence under Penal Code § 1538.5. If the judge agrees the stop was illegal, the case could collapse.
2. Challenge the Search
Did the officer search your glove box, backpack, or under the seat? Unless the gun was in plain sight, law enforcement must have probable cause, a warrant, or your voluntary consent. If they didn’t, the evidence can be excluded, and your case may be dismissed.
3. Challenge Possession and Knowledge
Finding a gun in a vehicle is not enough for conviction. Prosecutors must prove:
- You knew the gun was there
- You carried it in the car
- It was substantially concealed
- The vehicle was under your control
Without clear proof, the charge may not hold up in court.
4. Apply Legal Exceptions
California law provides several exceptions that may protect you, including:
- Gun was unloaded and stored in a locked container or trunk
- You were transporting the firearm legally (range, hunting, gunsmith)
- You had a valid concealed carry permit (CCW)
- You qualify under exemptions (law enforcement, military, licensed security)
5. Remain Silent and Ask for an Attorney
Anything you say can be used against you. A statement like “I keep it there for protection” can hand prosecutors evidence of possession. Exercise your right to remain silent and contact a California gun possession attorney immediately.
Protect Your Rights Against Firearm Possession Charges
Being accused of carrying a concealed weapon in California doesn’t mean you’re guilty. These charges are often beatable if you act quickly and work with an experienced defense lawyer.
Call Knight Law today at (408) 877-6177 for a confidential consultation. We fight to protect your freedom, your record, and your future.
