California issued conditions on carrying a firearm in a motor vehicle. Drivers who meet these conditions are legally allowed to transport a gun in their car. 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.
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 gun, 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. Additionally, the weapon must be kept in a locked container or within the trunk of the vehicle.
Drivers who follow all 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.
Related Criminal Offenses
When an individual is charged with a violation of PC 25610, there are other charges they may face as well. These additional violations could increase their sentence. Three charges commonly paired with PC 25610 include:
- California Penal Code Section 25400: Carrying a Concealed Weapon
- California Penal Code Section 25850: Carrying a Loaded Firearm
- California Penal Code Section 26350: Openly Carrying an Unloaded Handgun
If charged with any of these crimes in addition to a Penal Code 25610 charge, you could be looking at a much harsher sentence if convicted of all charges.
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 difference exempts them from California’s regulations on firearms. Learn more about these regulations right now by calling members of our team. Speak with a weapons charges lawyer in Los Angeles today. Our team members at the Simmrin Law Group are here to help you.
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 or 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 weapon 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 gun in the glove box and cover it with a few car manuals in an attempt to hide it. This action could be considered “substantially” concealing a firearm in a vehicle. It could lead to PC 25400 charges.
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 type of charge could lead to:
- Fines of up to $1,000
- Incarceration for up to one year
- Summary probation
However, the prosecution can use felony charges in some situations. Some people will always face felony charges for a PC 25610 violation. This includes anyone previously convicted of certain violent felonies or firearm offenses.
Additionally, felony charges are used for people who are part of a street gang. 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
- Incarceration for up to three years
- Formal probation
Are Your Gun Rights Affected By a Conviction?
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 gun in their vehicle.
If convicted of a misdemeanor charge for violating PC Section 25610, your gun rights will likely remain intact. However, a felony charge will result in a lifetime restriction of your rights to own a firearm. These rights will not be restored unless you are able to secure a pardon for the crime.
Defenses Against PC 25610 Violations in Los Angeles
A Los Angeles criminal defense lawyer can help if you are accused of improperly carrying a firearm in your vehicle 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 a firearm
- You didn’t know you had a firearm in your vehicle
- Your rights were violated
You Had to Carry the Firearm
Sometimes, necessity forces people to ignore the conditions of carrying a firearm in a motor vehicle. For example, let’s say you are dealing with an emergency situation. You had your gun with you and brought it into your car 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 weapon. Let’s say that you drove a friend home one night. Without telling you, they left a gun under the backseat. You should not face PC 25400 charges in this situation, even though you were not adhering to the conditions of carrying a firearm in a motor vehicle.
Your Rights Were Violated
Under the Fourth Amendment, individuals are protected from unlawful search and seizure by law enforcement. If police discovered your firearm while making an illegal search of your vehicle, your lawyer will move to have the evidence suppressed. Even if you did violate the law, your case could be thrown out.
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 of carrying a firearm in a motor vehicle. Our criminal defense lawyers in Los Angeles will take your side if you are accused of carrying a concealed firearm in your car. Find out more by contacting us to get a free consultation.
Take charge of your future by calling us today. You can also complete our online contact form.