Carrying A Concealed Firearm


Orange County criminal defense attorney

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:

  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.

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.

Punishment

  • 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.

Elements

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:

  1. The defendant carried on (his/her) person a firearm capable of being concealed on the person;
  2. The defendant knew that (he/she) was carrying a firearm; AND
  3. It was substantially concealed on the defendant’s person.

OR

  1. The defendant carried within a vehicle a firearm capable of being concealed on the person;
  2. The defendant knew the firearm was in the vehicle;
  3. The firearm was substantially concealed within the vehicle; AND
  4. 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.