The Constitution guarantees citizens the right to bear arms. However, this right is not without restrictions. The state of California uses California Penal Code Section 25400: Carrying a Concealed Weapon to keep the public safe without violating anyone’s constitutional rights.
The legal professionals at Simmrin Law Group have decades of experience fighting for clients who face a potential conviction under PC 25400. We can review your California Penal Code case and provide you with guidance regarding the potential penalties you will face, as well as the possible defenses we can use.
Defining the Carrying of a Concealed Firearm
Individuals in the state of California can be charged with carrying a concealed firearm for carrying a pistol, revolver, or other firearm. According to PC 25400, firearms may not be concealed on a person or within their vehicle. PC 25400 charges can apply to any firearm, including weapons that are not in working order.
Certain weapons like pellet guns and BB guns are not included in this law because these weapons rely on air pressure rather than combustion, which means they do not qualify as firearms.
A firearm carried in a holster but not covered is not considered concealed. However, while transporting a weapon in this manner may not result in a charge under PC 25400, there are other charges you could face for taking this action.
Charges Related to Concealed Carry
Carrying either a loaded or an unloaded firearm while in public can result in criminal charges under:
- PC 417: Brandishing a Weapon or Firearm
- PC 25850: Carrying a Loaded Firearm
- Penal Code 171b: Bringing Weapons Into a Public Building
- PC 26350: Openly Carrying an Unloaded Handgun
- PC 30305(a)(1): Possession of Ammunition by a Person Prohibited
While the right to own a gun in California is quite broad, the right to carry a weapon in public is limited to certain situations.
Exceptions to California’s Gun Laws on Carrying Firearms
Individuals in California have the legal right to apply for a concealed carry permit (CCP). CCPs can only be distributed by sheriffs in the state of California. These permits are only supposed to be issued to individuals who have “good cause” for needing to carry a concealed weapon.
The California court system considers some people exempt from PC 25400 charges. The following individuals may be able to avoid charges for carrying a concealed firearm:
- Members of the military or peace officers
- Bank messengers and guards
- Licensed hunters and firearm dealers
- Those with memberships to target shooting clubs or similar organizations
Gun owners in California who need to transport their firearms may do so by storing the weapon in the trunk of their automobile or a locked container inside the cab of their vehicle. However, a locked glove box does not qualify. Individuals may only legally transport firearms if they are the legal owner of the gun or were given permission by the legal owner of the weapon.
Penalties for Carrying a Concealed Firearm in California
Penalties for a violation of PC 25400 depend on how the crime is charged. California law considers this crime a “wobbler,” which means it can be charged as either a misdemeanor or a felony. How the crime is charged is up to the discretion of the prosecutor and depends on the specifics of the case and your criminal history.
Misdemeanor Charges
The penalties for a misdemeanor conviction are less severe than those of a felony conviction. However, this does not mean that you will get off lightly. If convicted of a misdemeanor charge, you could face:
- Fines of up to $1,000
- Jail time of up to one year
- Summary probation
Felony Charges
Several factors can escalate a California PC 25400 charge to a felony. A person might face a felony charge if they were:
- Previously convicted of another firearm offense or a felony
- Not allowed to possess a firearm due to California’s felon with a firearm law
- Not allowed to have a gun due to a previous violent offense
- Not lawfully in possession of a firearm
- In possession of a stolen firearm
- Considered active gang participants
A felony conviction is quite serious and can result in:
- Fines of up to $10,000
- Prison time of up to three years
- Formal probation
Other Consequences of a Conviction Under PC 25400
There are many other potential consequences that you could face if you are convicted under California PC 25400, depending on the particulars of your situation.
Potential Deportation
Unless you are a citizen of the United States, a conviction under PC 25400 could result in your deportation. Deportation can occur even if you are a legal resident.
Loss of Gun Rights
A conviction under PC 25400 could result in the loss of your right to possess a firearm. If charged with a misdemeanor offense, your gun ownership rights will probably not be affected.
However, if you are convicted of a felony, it will likely mean a lifetime ban on gun ownership. It may be possible to have the ban overturned, but that is a difficult task.
Defenses Against PC 25400 Allegations
A criminal defense lawyer in Los Angeles can help if you are being accused of carrying a concealed firearm. Many potential arguments can be used to fight this charge. Your attorney will discuss which approach is best for your situation. Some of the most common defenses used are:
- No knowledge of having the firearm
- Proper storage of the firearm
- Whether you had a concealed carry permit
- Whether the weapon was in your home or business
No Knowledge of Having the Firearm
You may have been carrying a concealed firearm without even knowing it. You may have been holding another person’s bag or driving a friend’s car, unaware that they had a gun.
It is also possible that another person put a gun in your bag or car without your knowledge. If you were unaware of the presence of the firearm, you may not be guilty of a violation of Penal Code 25400.
The Firearm Was Properly Stored
If you had the firearm safely and properly locked in your trunk or a lockbox in the cab of your vehicle, you may not be guilty of carrying a concealed firearm.
Having a Concealed Carry Permit
You may be able to avoid a conviction under PC 25400 by proving that you had a valid CCP at the time of the charge. If you were legally allowed to carry the weapon, it is not a violation to do so.
Whether the Weapon Was in Your Home or Business
Many people are allowed to carry a firearm within their homes or businesses. If you were at your home or a business that you own at the time you were accused of the violation, your lawyer may be able to help you beat this charge.
There is nothing illegal about having a gun at home or in your own business. You can get the help you need to build a strong defense by working with a legal professional in California.
Can a Conviction Under PC 25400 Be Expunged?
If you receive a probation sentence for a PC 25400 violation, you may be eligible to have your record expunged after completing probation or by having it terminated early. However, if you violate probation, the judge can deny your petition to expunge.
Under California Penal Code 1203.4, an expungement can help you move forward after a conviction for carrying a concealed firearm, but it will not restore your right to own or possess a firearm if that right was revoked under California firearm laws.
Benefits of Expungement for a PC 25400 Conviction
The expungement process can lessen the impact of firearms convictions by removing them from most background checks conducted by employers or rental companies, making it easier to find housing and work.
This can be especially valuable for those whose criminal records have been a barrier to moving forward. However, law enforcement, the Department of Justice, and other criminal justice agencies may still access the record for public safety purposes.
Why Legal Representation Is Critical
A criminal defense attorney (whether in Los Angeles or elsewhere in California) can evaluate your case and determine the best defense strategies for a pc 25400 charge.
Defenses might include proving the firearm was not “capable of being concealed,” showing it was lawfully stored under California code, or demonstrating a search violated your Fourth Amendment rights.
In some cases, your attorney may negotiate reduced charges or challenge related allegations, such as domestic violence or assault with a firearm.
Take Action Before It’s Too Late
If you have been accused of carrying a concealed weapon (whether it involves brass knuckles, short-barreled shotguns, armor-piercing ammunition, or an unloaded firearm), time is critical.
The district attorney will start building a case immediately, and the sooner you consult a criminal defense attorney, the better your chances of avoiding jail time, reducing penalties, or pursuing an expungement.
From the moment of arrest through court proceedings, a lawyer can protect your gun rights, challenge the evidence, and fight for the best possible outcome under California firearm laws.
How to Get Help With California Penal Code 25400: Carrying a Concealed Weapon
If you have been arrested or charged under California Penal Code Section 25400 for carrying a concealed weapon, the stakes are high. A conviction can lead to county jail or even state prison time, heavy fines, loss of your gun rights, and a permanent mark on your criminal record.
At Simmrin Law Group, our weapons crimes lawyers understand California gun laws inside and out and know how to challenge these charges effectively.
How Will Simmrin Law Group Help You?
When you contact us, we will review every detail of your case to identify possible defense strategies. This may involve arguing that the firearm was not “capable of being concealed,” showing that it was lawfully transported under California code. Alternatively, we may show that a search violated your Fourth Amendment rights due to a lack of a valid search warrant.
Whether the allegations involve a firearm capable of being concealed, an unloaded firearm, or other prohibited weapons such as brass knuckles or short-barreled shotguns, we will fight to protect your rights.
Contact Us 24/7 to Get a Free Consultation
The sooner you reach out to Simmrin Law Group for a free legal consultation, the more time we have to build a strong defense and potentially avoid serious penalties. Our team can also advise you on the possibility of seeking an expungement after a conviction, helping you move forward without the long-term consequences of a weapons charge.
Call us today to speak directly with a Los Angeles criminal defense lawyer who can guide you through the legal process and stand up for you in court.
Simmrin Law Group Can Help You With a Weapons Charge in California
If you are facing a charge of carrying a concealed weapon, the potential legal consequences can be severe, including fines, jail time, and a lasting mark on your criminal record. Acting quickly is essential, so contact a qualified attorney as soon as possible to discuss your options.
The professionals at Simmrin Law Group can help you if you are accused of violating California Penal Code Section 25400: Carrying a Concealed Weapon. For more information, visit our FAQ page.