California has some of the strictest firearm laws in the country, especially when it comes to carrying concealed weapons.
Individuals arrested for carrying a concealed firearm may face serious criminal penalties under California Penal Code Section 25400 PC.
What is California Penal Code Section 25400 PC?
California Penal Code Section 25400 generally prohibits carrying a concealed firearm on your person or inside a vehicle without lawful authorization. This includes:
- A vehicle console
- A backpack
- A purse
- Clothing
- Under a seat
- A glove compartment in certain circumstances
The law applies whether the firearm is loaded or unloaded. Under PC 25400, prosecutors typically must prove:
- The defendant carried a firearm concealed on their person or inside a vehicle
- The defendant knew the firearm was present
- The firearm was substantially concealed
Even individuals who legally own firearms can still face criminal charges if they violate the concealed carry rules.
What Is a Concealed Weapon Charge?
A concealed weapon charge generally involves allegations that a firearm was hidden from ordinary observation while being carried unlawfully.
California law does allow individuals to lawfully transport firearms under specific conditions. For example, firearms may often be legally transported if the firearm is unloaded and transported in a locked container. However, mistakes involving storage or transportation can still result in arrest.
California also allows individuals to legally carry concealed firearms if they possess valid concealed carry permits. Permit holders generally must comply with licensing restrictions and carry authorized firearms only.
Is Carrying a Concealed Firearm a Felony?
A carrying concealed firearm charge under PC 25400 may be charged as either a misdemeanor or felony depending on the circumstances. It is what is known as a “wobbler.”
A felony filing is more likely if prosecutors allege aggravating circumstances such as:
- Prior felony or firearm convictions
- Active gang participation allegations
- Possession of a stolen firearm
- Carrying a loaded concealed firearm in public
- The firearm being unregistered to the defendant
- The defendant being legally prohibited from possessing firearms
In some situations, prosecutors may seek sentencing enhancements that increase potential jail or prison exposure.
What Are the Penalties for a Concealed Firearm Charge?
When charged as a misdemeanor, potential penalties for a concealed firearm charge may include:
- Up to 1 year in county jail
- A fine of up to $1,000
- Informal (summary) probation
- Confiscation of the firearm
- Conditions restricting firearm possession or ownership
Misdemeanor treatment is more common when the firearm was lawfully owned, the firearm was unloaded, and/or the person has no serious criminal record.
A felony conviction under § 25400 can carry much harsher consequences, including 16 months, 2 years, or 3 years in county jail under California’s realignment sentencing rules. Likewise, fines, probation, and lifetime or long-term firearm prohibitions are often in play.
Related Charges That May Trigger a Concealed Firearm Offense
A carrying concealed firearm charge under California Penal Code Section 25400 is often filed alongside other criminal allegations. In many cases, the firearm is discovered during a broader criminal investigation or traffic stop, leading prosecutors to pursue multiple charges at the same time.
Related offenses may include:
- Drug possession/drug trafficking charges
- Felon in possession of a firearm allegations
- Possession of a loaded firearm
- Gang-related enhancements
- Assault or brandishing allegations
- Resisting arrest
- DUI or vehicle-related offenses
- Possession of stolen firearms
Because these cases frequently involve multiple overlapping charges, the defense strategy often extends beyond the concealed firearm allegation itself. An experienced criminal defense attorney can evaluate how the charges interact, identify weaknesses in the prosecution’s evidence, and work to limit the overall consequences of the case.
Common Defenses to PC 25400 Charges
There are many defense options available to individuals charged under PC 25400. Common defense issues may include:
- Illegal vehicle stops – Police must have a lawful reason to stop a vehicle. If the initial traffic stop that resulted in charges violated the Fourth Amendment, evidence discovered afterward may potentially be suppressed.
- Unlawful searches – Officers cannot automatically search a vehicle because they suspect criminal activity. Searches that violate constitutional protections may be challenged in court.
- Lack of knowledge regarding the firearm – Prosecutors must usually show the defendant knew the firearm was present. In some cases, the weapon may belong to someone else or have been unknowingly left in the vehicle.
- Improper police procedures – Mistakes during the investigation or arrest process can weaken the prosecution’s case.
- Lawful possession – California law allows certain lawful transportation and permit-based possession of firearms under specific circumstances. If the weapon was possessed lawfully, there is no basis for criminal charges.
An experienced criminal defense attorney can carefully review how the firearm was discovered, whether police followed constitutional procedures, and whether the prosecution can actually prove every element of the offense. In many cases, firearm charges rise or fall based on search-and-seizure issues, making early legal representation especially important.
Contact an Experienced Los Angeles Criminal Defense Lawyer for Help
If you were charged with carrying a concealed firearm or concealed carry violations in Los Angeles, you should speak with an experienced criminal defense attorney as soon as possible.
William S. Kroger has extensive experience defending clients facing serious firearm and weapons charges throughout Los Angeles. Contact us today to schedule a confidential consultation and discuss your legal options.
Related Offenses:
Other related offenses include: