Carrying a firearm in California comes with a set of complex laws and restrictions. Under California Penal Code Section 25400, it's a serious crime to carry a concealed firearm, whether on your person or in a vehicle under your control. The legal consequences of this offense are significant and can have a lasting impact on your life.
Under PC 25400, a firearm is any device that is designed to be used as a weapon, including pistols, revolvers, handguns, or any other device that is capable of being concealed on the person.
It's interesting to note here that PC 25400 only applies to carrying a “concealed” firearm. If you are carrying a firearm in plain view, then you can't violate this specific law.
However, California Penal Code Section 26350 criminalizes the act of openly carrying an unloaded firearm that is exposed in a public place. So, what exactly is considered “concealed?”
Besides the obvious meaning of concealed, even if the weapon is just partially concealed and can be identified, you could be charged with carrying a concealed weapon.
As an example, let's say police pulled you over on a traffic stop. After you were asked to step out of your vehicle, the police officer noticed a few inches of a gun barrel coming out from your pocket. This would be considered carrying a concealed weapon, even though it was just partially concealed.
What does “carry on your person” mean? In basic terms, it means you had physical possession of a concealed weapon. Of course, this includes carrying the weapon directly on your person, such as in your pocket or waistband. However, it also includes concealing a weapon in any item you may be holding, such as a gym bag.
The key term here is having possession of the concealed weapon in some form. To be convicted of a violation of Penal Code 25400, the Los Angeles County prosecutor will need to prove you actually knew about the presence of the weapon. See related: Gun Rights at Airport.
If you have been accused of carrying a concealed weapon, you need to contact a Los Angeles criminal defense lawyer at Eisner Gorin LLP. We are here to guide you through this challenging situation. A conviction would result in harsh legal consequences, which could impact your life for many years.
Our attorneys will need to examine the specific facts and circumstances that led to your arrest in order to develop an effective strategy. Now that we have covered a basic overview of carrying a concealed weapon let's examine the legal definition, penalties, and defenses below.
What Does the Law Say?
The general rule is that civilians cannot legally carry a visible firearm in public areas, especially in cities and other densely populated areas. Under California Penal Code Section 25400, the crime of carrying a concealed firearm is legally defined as:
- (a) An individual is guilty of carrying a concealed firearm when they do any of the following: Carries concealed upon the person or within any vehicle that is under their control or direction any pistol, revolver, or another firearm that can be concealed on their person. Causes to be carried concealed within any vehicle where they are an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.
In more basic language, this legal definition makes it a crime to carry a concealed weapon if you:
- Carrying a firearm concealed upon your person, or
- Carrying a firearm concealed in any vehicle that is under your control;
- Cause a firearm to be carried concealed in any vehicle where you are an occupant.
So, what is the legal definition of a firearm? Under California law, a firearm is any device that can be used as a weapon where a projectile can be expelled through a barrel by the force of an explosion.
This includes pistols, revolvers, handguns, shotguns, rifles, and even tasers. For the Los Angeles County prosecutor to obtain a conviction of carrying a concealed firearm, they must be able to prove all the elements of the crime beyond any reasonable doubt.
These elements include:
- You carried a firearm that was capable of being concealed on your person or within a vehicle under your control;
- You knew that you were carrying the firearm or knew it was in the vehicle;
- The firearm was concealed on your person or concealed within the vehicle.
It's important to note that if you are charged with carrying a concealed weapon, you could also face other offenses, such as:
California Penal Code 836 PC authorizes police to conduct warrantless arrests if they have probable cause.
California Penal Code Section 171 makes it a crime to bring certain weapons into public buildings or public meetings.
Please consult with a Los Angeles criminal defense lawyer at our law firm for more information.
Legal Penalties for Carrying a Concealed Weapon
If you are convicted of carrying a concealed weapon in violation of California penal Code Section 25400, it's not just a legal issue, it's a serious matter that can lead to a misdemeanor charge. The legal penalties include:
- up to 1 year in a Los Angeles County jail,
- a fine up to $1,000, and,
- summary probation.
It's important to note that there are circumstances where a violation of PC 25400 can escalate from a misdemeanor to a more serious felony. Understanding these circumstances is crucial, as it can significantly impact the legal penalties you may face.
You could face a felony offense if:
- (1) you have a previous felony conviction or other California firearm offense,
- (2) the firearm was stolen, and you had known or should have reasonably known it was stolen,
- (3) you are an active participant in a criminal street gang,
- (4) you are prohibited from possessing a firearm under California Penal Code 29800, felon with a firearm law.
- (5) you are prohibited from possessing a firearm for committing a violent crime, such as rape, kidnapping, carjacking, murder, among other offenses.
If convicted of carrying a concealed firearm as a felony crime, the legal penalties include:
- up to 3 years in a county jail,
- a fine up to $10,000, and
- formal probation.
Additionally, if you are not a legal immigrant, a conviction for carrying a concealed weapon in California can lead to deportation. This is a real possibility that you need to consider.
If convicted of a misdemeanor crime of carrying a concealed weapon, it will not revoke your legal right to own or possess a firearm. However, a felony conviction could subject you to a lifetime ban from owning or possessing a gun in California unless your firearms rights are restored.
What are the Legal Defenses?
If you have been charged with carrying a concealed firearm in violation of Penal Code Section 25400, an experienced Los Angeles criminal defense at our law firm could use a variety of legal defenses on your behalf. These defenses include:
You didn't know that you possessed a firearm. Since knowledge of firearm possession is a key element that has to be proven, our criminal attorneys may be able to argue you simply did not know you had possession of the firearm and can't be guilty of this crime.
There are various situations in which we may be able to use this type of defense. For example, a friend could have left the firearm in your vehicle without your knowledge.
The weapon seized was from an illegal search and seizure – the Fourth Amendment to the United States Constitution protects your constitutional rights against unreasonable searches and seizures. In many cases involving weapons, it's not uncommon for police to discover a weapon after a traffic stop or some other form of contact.
Typically, an officer will search you or your car as a matter of routine and officer safety. If their search and seizure is illegal, the prosecutor will lose their main evidence against you. In some cases, our lawyers may be able to argue police lacked probable cause or a valid search warrant and your rights were violated.
If we are able to convince the prosecutor your weapon was discovered as the result of an illegal search, they will most likely dismiss the carrying a concealed weapon case against you.
Depending on the circumstances of your case, other possible legal defenses include you were carrying the weapon for self-defense; the weapon was in the trunk of your car, or a locked container. Finally, if you have a license to carry a concealed weapon, you can't be guilty of violating Penal Code 25400.
If you are facing charges of carrying a concealed weapon, your next step is to contact Eisner Gorin LLP, a Los Angeles criminal defense law firm. Let our lawyers examine the specific facts and circumstances closely to develop a solid defense strategy.
Early intervention by our lawyers can have a tremendous impact on the outcome of your case. We offer a free immediate response. Call our office at 877-781-1570.
If you have one phone call from jail, call us! If you are facing criminal charges,