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

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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.

II. What does this mean?

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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.

III. Penalties

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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.

IV. Common Defenses

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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.

V. Call Today

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