California Penal Code 25400(a): Carrying a Concealed Weapon or Firearm

Legal Definition: A person is guilty of carrying a concealed firearm when the person does any of the following:

(1) Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.

(2) Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person.

(3) Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

For a person to be convicted of a violation of PC 25400(a), the prosecution must prove the following:

1. You carried on your person a firearm capable of being concealed on the person;

2. You knew that you were carrying a firearm;

AND

3. It was substantially concealed on your person.

As shown above, if the above elements are met, and a person is also in a vehicle, then they are also guilty under this section.

What does this mean?

A firearm capable of being concealed on the person is any device designed to be used as a weapon, from which a projectile is expelled or discharged through a barrel by the force of an explosion or other form of combustion and that has a barrel less than 16 inches in length. A firearm capable of being concealed on the person also includes any device that has a barrel 16 inches or more in length that is designed to be interchanged with a barrel less than 16 inches in length. A firearm also includes any rocket, rocket-propelled projectile launcher, or similar device containing any explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes.

A firearm does not need to be in working order if it was designed to shoot and appears capable of shooting. Firearms carried openly in belt holsters are not concealed.

Penalties

Carrying a concealed weapon is a wobbler offense, meaning based on the facts of your case, you can be charged with this as a misdemeanor or as a felony based on the specific facts of your case. If you are convicted of this charge as a misdemeanor, you could be sentenced to up to one year in County Jail. If you are convicted of this charge as a felony, you could be sentenced to upwards of 16 months, two or three years. You would be required to serve 50% of that time.

This charge is not considered a strike offense under California’s Three Strikes Sentencing Law. You would also be required to pay fines and fees, and could potentially lose your right to own or possess a firearm in the future.

Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Violation of your Rights
4. Mistake of Fact

It is not a defense to this charge if you have a gun on you, but it isn’t your gun. The basis of the charge is that you possess a concealed gun or firearm, without a permit to possess the gun. This also could be problematic if the gun is not yours, and it is found out that the gun is stolen. However, a toy gun, for example, would not be a concealed firearm, even if it is not a “working gun”, because it was never a gun, it was a toy. Likewise, if you believe the gun is a toy gun, then you could not be found guilty under this section.

Call Today

The ramifications of a criminal conviction under PC 25400 extend far beyond the immediate legal consequences. The burdensome fines and fees, coupled with the potential revocation of your gun privileges, can have a profound impact on your life and future. However, the situation is not devoid of hope. With the right legal strategy and representation, it’s possible to mitigate these charges, achieving reductions or even dismissals through Deferred Entry of Judgment, depending on the specifics of your case.

Why Trust Inland Empire Defense?

• Specialized Expertise: Our PC 25400 Ontario criminal defense attorney possesses in-depth knowledge and experience in handling firearm offenses, offering you a strategic defense tailored to your unique situation.
• Proven Track Record: Our history of successfully defending cases involving PC 25400 and other related charges speaks to our commitment to excellence and our ability to navigate the complexities of firearm law successfully.
• Comprehensive Legal Support: From the moment you reach out to us, you’ll receive unwavering support and guidance. We understand the stakes and are committed to safeguarding your rights and interests every step of the way.

Defend Your Rights and Future

Facing charges under PC 25400 doesn’t have to mean the end of your rights or your future. Inland Empire Defense is here to offer the robust legal defense you need to confront these charges head-on.

Take the First Step Towards Protecting Your Future

Don’t let the weight of these charges overwhelm you. Reach out to Inland Empire Defense for a complimentary initial consultation. Our team is available 24/7 to address your concerns and outline a path forward. Call us today at 909-939-7126. Located in Ontario, CA, we’re ready to stand by your side and fight for the best possible outcome in your case.