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California Penal Code 25400 | Carrying a Concealed Weapon

Posted in California Law,Criminal Defense on July 10, 2024

California Penal Code 25400 prohibits the act of carrying a concealed weapon. It and related laws include specific definitions about how a person can exercise their gun rights and when their actions are prohibited by law. If you are facing criminal charges for carrying a concealed weapon, contact a Riverside weapons charges attorney at the Law Offices of Graham D. Donath, APC for a free consultation.

What Is Carrying a Concealed Weapon?

While the Second Amendment to the United States Constitution gives people the right to bear arms, this has not stopped states from enacting laws to limit these rights, including laws that prohibit them from carrying a concealed weapon. California Penal Code § 25400 PC  prohibits a person carrying a concealed weapon:

  • On their person
  • In a vehicle under their control
  • In a vehicle in which they are an occupant

The definition of the term “conceal” includes partial concealment, such as carrying a weapon in your waistband. The term “firearm” is defined in California Penal Code § 16520 PC  as a pistol, revolver, or any device designed to be used as a weapon from which a projectile is expelled or discharged through a barrel by force of an explosion or other form of combustion.

What Are the Penalties for Carrying a Concealed Weapon in California?

Absent any aggravating circumstances, carrying a concealed weapon is charged as a misdemeanor offense, punishable by up to one year in jail and a fine up to $1,000. Certain aggravating factors can make the crime a felony and subject you to stricter penalties. These factors include:

  • You have a previous conviction of a firearm offense or a felony conviction.
  • The weapon was stolen and you knew it.
  • You are in a gang.
  • You did not lawfully possess the firearm (such as being a felon found in possession of a firearm).
  • You have previously been prohibited by law from possessing a firearm.

If you are convicted of this crime as a felony, you face penalties of up to three years in county jail, a fine up to $10,000, and formal probation. You can also lose your right to possess a gun.

Our weapons charges lawyers are here to help you

Defenses

There are several practical defenses that you may be able to assert in defense to the crime of carrying a concealed weapon. For example, if you were carrying the weapon in your vehicle’s trunk or a locked container in the car other than the glove box, this could provide a valid defense to the crime. Or, if you have a concealed carry permit and were lawfully carrying the firearm, you could raise this as your defense. Also, carrying a concealed firearm in your private home or business

 Contact a Weapons Charges Lawyer for a Free Case Review

If you would like to discuss your case with an experienced Riverside criminal defense lawyer, contact the Law Offices of Graham D. Donath, APC for a free and confidential consultation. Graham Donath has spent his entire legal career assisting people charged with crimes and safeguarding their rights. Call us today at (951) 667-5293 to get started.