In California, a simple oversight—carrying a firearm for protection without the proper permit—can instantly transform a law-abiding citizen into a suspected felon. A conviction for carrying a loaded firearm in San Diego is a direct threat to your freedom, your career, and your Second Amendment rights. At the Law Offices of Logan Noblin, we specialize in deconstructing the technicalities of firearm seizures to safeguard your future.
Don’t Let a Lapse in Licensing Define Your Future
A conviction for carrying a loaded firearm (PC 25850) can result in:
Firearm cases are rarely as “clear-cut” as the police report suggests. They hinge on technical definitions of possession, the legality of the search, and the specific “loaded” status of the weapon. Logan Noblin deconstructs the prosecution’s case by hunting for the constitutional “plot holes”—unlawful vehicle searches, lack of “knowing” possession, or misinterpretations of California’s complex transport laws—that turn a potential conviction into a dismissal or a “Not Guilty” verdict.
Defense In Every Corner
The Fourth Amendment Offensive
We don’t just look at the gun; we look at the stop. If the police lacked “reasonable suspicion” to pull you over or “probable cause” to search your person or vehicle, the firearm is inadmissible evidence. We file Motions to Suppress (PC 1538.5) to kill the case at the root by proving your constitutional rights were violated before the handcuffs ever went on.
The Knowledge Challenge
To secure a conviction under PC 25850, the prosecution must prove beyond a reasonable doubt that you knew the firearm was present and that it was loaded. If the weapon was in a borrowed vehicle, left behind by a passenger, or placed there without your awareness, no crime was committed. We focus on the total lack of “criminal intent” to dismantle the state’s burden of proof.
The "Unregistered" Defense
Under California law, not being the registered owner of a firearm can elevate a misdemeanor to a “wobbler” or felony. We meticulously audit Department of Justice records and utilize ownership history to challenge claims that the firearm was “unregistered” or illegally obtained. By correcting the record, we strip away the prosecution’s leverage for enhanced sentencing.
Judicial Diversion & Pre-Filing Intervention
For many first-time firearm offenses, we can bypass the prosecutor entirely and petition the court for Judicial Diversion (PC 1001.95). By completing court-ordered requirements—such as firearm safety courses or community service—the case is dismissed and the arrest record is sealed. This allows you to walk away with a pristine background check and your future intact.
The Wins
The judge agreed that the search was unconstitutional and suppressed all evidence of the firearm. With no weapon to present at trial, the prosecution was forced to dismiss all charges. The client walked away with his record clean and his Second Amendment rights fully intact.
Our Proven 4-Step Blueprint
A firearm arrest in San Diego starts a high-stakes legal countdown. Whether it was a weapon found during a traffic stop or a search of your home, the prosecution is already drafting a narrative that paints you as a “dangerous armed offender.” Logan Noblin utilizes a tactical roadmap to seize control of that story and dismantle the government’s case before it gains momentum.
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We don’t take the police report at face value. In firearm cases, the legality of the initial contact is everything. We scrutinize the “Chain of Custody” and the technical status of the weapon:
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There is a critical, high-stakes window between your arrest and the moment the District Attorney decides to file formal charges. This is where Logan’s “Strategist” side is most lethal:
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If the prosecution proceeds, we pivot to a high-pressure negotiation strategy designed to protect your long-term rights:
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We prepare every case with the assumption it will go to a jury, ensuring we have maximum leverage. Once the battle in court is won, we finish the job:
Common Questions
Yes. Under California law, a firearm is considered “loaded” if there is an unexpended cartridge or shell in the firing chamber or in a magazine or clip attached to the firearm. The status of the safety or the weapon’s mechanical ability to fire at that exact moment does not change the legality of the possession under PC 25850.
To legally transport a handgun in a vehicle without a CCW permit, it must be unloaded and stored in a locked container (other than the utility or glove compartment). If the firearm is loaded—or even if it is unloaded but not in a locked container—you can face arrest. We often challenge whether the storage met the “spirit” of the law during transport.
It is a “wobbler,” meaning it can be charged as either. It is typically a misdemeanor, but it can be elevated to a felony if you are not the registered owner, if the gun is stolen, or if you have prior convictions. Logan Noblin specializes in “de-felonizing” these charges before they reach trial.
Not necessarily. While PC 25850(b) allows officers to examine a firearm to see if it is loaded, they still need a legal justification to enter your vehicle or open a locked container. If the police conducted a warrantless search without “probable cause,” we file motions to suppress that evidence entirely.
The prosecution must prove you knew the firearm was loaded. If you recently purchased the weapon, borrowed the vehicle, or someone else placed the ammunition in the magazine without your knowledge, we use these “knowledge gaps” to dismantle the criminal intent required for a conviction.
PC 25850 applies to “public places” and “public streets.” There is significant legal debate over what constitutes a public area. If you were on private property or in a space not readily accessible to the general public, we can argue the statute does not apply to your case.
Under PC 1001.95, many individuals charged with misdemeanor firearm offenses are eligible for court-ordered diversion. This allows us to bypass the prosecutor and have the judge dismiss and seal your case after you complete specific requirements like safety courses or community service.
If you are carrying a loaded firearm that is not registered to you in the DOJ’s Automated Firearms System, the prosecution can use this as an “aggravating factor” to push for a felony. We audit registration records to ensure the prosecution isn’t using outdated or incorrect data against you.
A felony conviction results in a lifetime ban on firearm possession. Even certain misdemeanor convictions can result in a 10-year ban. Our primary goal is to secure a resolution—such as a dismissal or a reduction to a non-firearm infraction—that preserves your right to bear arms.
California does not recognize “reciprocity” for out-of-state CCW permits. Even if you are legally permitted to carry in Arizona or Nevada, doing so in San Diego without a California-issued permit is a violation of PC 25850. We focus on mitigation in these cases to show a lack of criminal intent.
This is a powerful tactical tool we use to challenge how the police obtained the firearm. If the initial traffic stop was pretextual or the search was conducted without a warrant or valid exception, the judge can “suppress” the gun, meaning it cannot be used as evidence, often forcing a full dismissal.
While California has strict carry laws, PC 26045 provides a limited exception if you reasonably believe you or another person is in “immediate, grave danger” and the carrying of the firearm is necessary for preservation. We analyze the “threat timeline” to see if this emergency defense applies to your situation.
