Legal Question in Criminal Law in California

It depends upon the facts. Assuming that the circumstances under which you were caught with the gun amount to a crime, the question becomes whether you had the gun for the benefit of the gang. Let's say that the gang member you were with was on his way to commit a crime on the gang's behalf and asked you to carry the gun to reduce the chances he would be caught with it. If you agreed and if you were aware of the context, then you were carrying the gun for the benefit of the gang and are guilty as charged.

What matters is whether the crime was being committed for the benefit of the gang and not whether the defendant is actually a gang member. The fact that you have no criminal record also does not preclude this type of charge, since the very first crime someone commits may still be for the benefit of a gang.

By being with a gang member. That the real life consequence of 'hanging with' or associating with gangs. It can be fought. If this is in SoCal and you're serious about getting legal representation, feel free to contact me.