California issued conditions on carrying a firearm in a motor vehicle. Drivers who meet these conditions are legally allowed to transport a firearm in their vehicle. These conditions are covered under Penal Code §25610.
Failure to follow these regulations can lead to criminal charges. Some drivers face charges for carrying a concealed firearm because they don’t adhere to these conditions. You can get more information about this charge from our team at the Simmrin Law Group. Reach us by calling (310) 997-4688.
Regulations on Carrying a Firearm within a Vehicle
Drivers are only allowed to transport a firearm in a motor vehicle in specific situations in California. In order to legally carry a firearm, a driver must:
- Be over the age of 18
- Live in the state of California
- Face no prohibitions on firearm ownership
Some people in California are forbidden from owning or possessing a gun. These individuals are never allowed to carry a firearm in their vehicle. Individuals allowed to carry a firearm must adhere to a few additional regulations, according to PC 25610. These individuals must:
- Keep the gun unloaded in their vehicle AND
- Keep the gun in a locked container OR
- Keep the gun in the trunk
Drivers who follow all of these regulations are legally allowed to transport a firearm in their vehicle. Failure to follow these conditions can lead to criminal charges under Penal Code §25400. PC 25400 represents California’s law on carrying concealed weapons.
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Review Types of Firearms in California
Many drivers are not familiar with California’s definition of a firearm. Firearms are weapons that are supposed to propel a projectile through combustion. There are many common kinds of firearms. For example, firearms can include:
These are only examples of firearms in the state of California. The above list is not comprehensive. You should also know that some weapons that propel projectiles are not considered firearms. For example, you do not have to take special steps to carry a BB gun in your vehicle in California.
BB guns do not use combustion to shoot a projectile. This exempts them from California’s regulations on firearms. Learn more about these regulations right now by calling members of our team at (310) 997-4688. Speak with a weapons charges lawyer in Los Angeles today. Our team members at the Simmrin Law Group are here to help you.
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Facts About Carrying a Concealed Weapon in California
Carrying a concealed weapon is a serious criminal charge in the state of California. The state uses PC 25400 to prosecute this criminal act. Individuals can face charges for carrying a concealed weapon if they have a firearm:
- On their person
- In their vehicle
However, individuals should only face this charge if they knew they had a firearm. Additionally, individuals have to take steps to hide the firearm in a “substantial way.” For example, let’s say that a driver has a handgun in their car.
The driver is stopped by the police. They know they are not allowed to carry a handgun in public. They place the handgun in the glove box and cover it with a few car manuals in an attempt to hide it. This could be considered “substantially” concealing a firearm in a vehicle. It could lead to PC 25400 charges.
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Results of a Conviction for Carrying a Concealed Firearm
The court system in California treats PC 25610 charges very seriously. In many cases, the court will prosecute carrying a concealed weapon as a misdemeanor. This could lead to fines of up to $1,000 and incarceration for up to one year.
However, the prosecution can use felony charges in some situations. Some people will always face felony charges for a PC 25400 violation. This includes anyone who was previously convicted of:
- Certain violent felonies
- Firearm offenses
Additionally, felony charges are used for people who are part of a street game. Individuals who possess a firearm illegally also face felony charges in our state. The state treats felonies more seriously than misdemeanors. A conviction could lead to fines of up to $10,000 and incarceration for up to three years.
There are many reasons for people to lose their gun rights in California. Many individuals convicted of a felony are not allowed to own or buy a firearm. They are also not allowed to transport a firearm in their vehicle.
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Defenses for PC 25610 Violations in Los Angeles
A Los Angeles criminal defense lawyer can help if you are accused of improperly carrying a firearm in Los Angeles. Our team reviews the specific situation faced by drivers in your position. We can take steps to show that you:
Had to Carry the Firearm
Sometimes, necessity forces people to ignore the conditions on carrying a firearm in a motor vehicle. For example, let’s say you are dealing with an emergency situation. You had your firearm with you and brought it into your vehicle without locking it up because you did not have time. In this case, you could avoid a PC 25400 conviction. Contact a lawyer in this situation.
You Didn’t Know You Had a Firearm in Your Vehicle
Generally, drivers only face charges for carrying a concealed firearm if they were aware they had a firearm. Let’s say that you drove a friend home one night. Without telling you, they left a firearm under the backseat. You should not face PC 25400 charges in this situation, even though you were not adhering to the conditions on carrying a firearm in a motor vehicle.
Ask Us About Conditions on Carrying a Firearm in a Motor Vehicle
Contact us at the Simmrin Law Group if you want to learn more about Penal Code §25610. We’ll help you review the conditions on carrying a firearm in a motor vehicle. Our criminal defense lawyers in Los Angeles will take your side if you’re accused of carrying a concealed firearm in your vehicle. Find out more by contacting us to get a free consultation.
Take charge of your future by calling (310) 997-4688. You can also complete our online contact form.