Carrying A Concealed Firearm
In California, it is a crime to carry a concealed firearm.
Under Penal Code 25400, a person is guilty of carrying a concealed firearm when the person does any of the following:
- 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.
- Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person.
The crime will be classified as a felony in the following situations:
- If the person has previously been convicted of any felony
- If the firearm was stolen or the person should have reasonably known the firearm was stolen
- If the person is an active participant in a criminal street gang
- If the person is not in lawful possession or within a class or person prohibited to possess a firearm
The crime can be either charged as a felony or a misdemeanor in the following situations:
- If the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation
- If both the firearm is loaded or readily available to be loaded and the person is not the registered owner
The crime will be a misdemeanor in any other situation.
A felony conviction can result in up to three years in prison or jail. A misdemeanor conviction has a maximum penalty of one year in jail.
- If you are convicted of a felony for carrying a concealed firearm, the maximum you may face for this charge can be up to 3 years imprisonment.
- If you are convicted of a misdemeanor for carrying a concealed firearm, the maximum you may face for this charge is up to one year imprisonment.
- The penalty can include a mandatory minimum sentence in certain situations including the following:
– Every person convicted of this crime that previously has been convicted of a misdemeanor for assault with a deadly weapon, shooting at an inhabited dwelling, or brandishing a firearm will be sentenced to jail for at least three months.
– Every person convicted of this crime who has been convicted of any felony will be sentenced to a minimum of three months in jail.
The defendant is charged with unlawfully carrying a concealed firearm on (his/her) person [in violation of Penal Code section 25400.
To prove that the defendant is guilty of this crime, the People must prove that:
- The defendant carried on (his/her) person a firearm capable of being concealed on the person;
- The defendant knew that (he/she) was carrying a firearm; AND
- It was substantially concealed on the defendant?s person.
- The defendant carried within a vehicle a firearm capable of being concealed on the person;
- The defendant knew the firearm was in the vehicle;
- The firearm was substantially concealed within the vehicle; AND
- The vehicle was under the defendant?s control or direction.
[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.]]
[The term firearm capable of being concealed on the person is defined in another instruction.]
[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.]
Call the Law Offices of Nam Q. Doan | OC Legal Defense today at (714)248-3626 if you are facing a weapons charge.