Build up your understanding of California Penal Code Section 25400: Carrying a Concealed Firearm right here. Consider the results of a PC 25400 conviction and focus on defenses for this criminal charge.
CA Penal Code Section 25400: Carrying A Concealed Firearm
The Constitution of the U.S. 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 Firearm as a way to curtail some expressions of the right to bear arms.
Go over the specific actions restricted under PC 25400 with this article. You can also consider exceptions to the regulations for carrying a concealed firearm. The legal professionals at the Simmrin Law Group can even help you review penalties for a PC 25400 conviction and possible legal defenses.
The Definition of Carrying a Concealed Firearm
Individuals in the state of California can be charged with carrying a concealed firearm for carrying a:
- Other firearm
According to PC 25400, firearms may be concealed on a person or within a person’s vehicle. You should be aware that PC 25400 charges can apply to any firearm, including weapons that are not in working order.
You should be aware that a firearm carried in a holster is not considered concealed. However, this may not be enough to avoid criminal charges in California, as we will discuss in the following section.
Go Over Other Laws Related to Carrying a Firearm
You should be aware that individuals in California cannot get around PC 25400 simply by openly carrying a firearm in public. Carrying either a loaded or an unloaded firearm while in public can result in criminal charges under:
- California Penal Code Section 25850: Carrying A Loaded Firearm
- California Penal Code Section 26350: Openly Carrying An Unloaded Handgun
This means that California completely restricts most individuals from carrying firearms in public.
Exceptions to California’s Laws on Carrying Firearms
Individuals in California have the legal right to apply for a concealed carry permit (CCP). CCPs can only be issued by sheriffs in the state of California. These permits are only supposed to be issued to individuals who have “good cause” for requiring the permit.
The California court system also considers some people exempt from PC 25400 charges. All of 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, fishers, and firearm dealers
- Individuals with memberships to target shooting clubs or similar organizations
Additionally, gun owners in California who need to transport their firearms may do so by storing the weapon in:
- The trunk of their motor vehicle
- A locked container in the cab of the vehicle
Individuals may only legally transport firearms if they:
- Are the legal owner of the firearm
- Were given permission by the legal owner of the firearm
Penalties for Carrying a Concealed Firearm in California
Carrying a concealed firearm in California can be treated as a misdemeanor or a felony, depending upon the facts surrounding the case. A misdemeanor PC 25400 conviction can lead to:
- Fines of up to $1,000
- Jail time of up to one year
Individuals may be charged with a felony if they:
- Were previously convicted of another firearm offense or a felony
- Were not allowed to possess a firearm due to California’s felon with a firearm law
- Were not allowed to possess a firearm due to a previous violent offense
- Were not lawfully in possession of a firearm
- Were in possession of a stolen firearm
- Were considered active gang participants
The results of a felony conviction for PC 25400 can include:
- Fines of up to $10,000
- Jail time of up to three years
Consider Defenses for PC 25400 Allegations
A criminal defense lawyer in Los Angeles can help you if you are accused of carrying a concealed firearm. Your lawyer can focus on the facts surrounding your case to determine if any of the following defenses would work in your situation:
- You were unaware you were carrying a firearm
- You were carrying your firearm in a locked container or the trunk of your vehicle
- You were carrying a firearm with your CCP
- You were carrying a firearm in your business or home
- You were exempt from PC 25400 charges
You can get the help you need to build a strong defense by working with a legal professional in California.
Call a Lawyer for Help with Carrying a Concealed Firearm Charges
The professionals at the Simmrin Law Group can help you if you are accused of violating California Penal Code Section 25400: Carrying a Concealed Firearm. Find out how we can help by contacting us right now to get a FREE consultation.