More California Concealed Weapons – Possession of Firearms information
carrying a concealed firearm defenses – California penal code section 12025
A violation of Penal Code Section 12025 can be justifiable under specified circumstances codified in the California Penal Code. If properly raised by a criminal defense attorney on your behalf, they can act as a viable defense against the charge.
Reasonable Belief in Danger
Under California Penal Code Section 12025.5, you may be justified in carrying a firearm if you reasonable believe that you are in grave danger. The circumstances that give rise to this belief must pose such a threat against your life and safety that a court would likely have granted a restraining order in preserving them.
Carried Firearm Within Own Residence
Under California Penal Code Section 12026, you cannot be charged with this crime if you carry a concealed weapon within your own home, place of business, or private property that you own. However, this defense requires that you be a U.S. citizen or legal resident, over the age of 18, and not prohibited from possessing a firearm due to a prior felony conviction or drug dependency.
Firearm was in a Locked Container within a Motor Vehicle
Under California Penal Code Section 12026.1, the law cannot prohibit you from carrying a concealable firearm in the trunk or a locked container within a motor vehicle. You are not permitted, however, to keep the firearm in the vehicles glove compartment. As long as you are a U.S. citizen or legal resident, over the age of 18, and not prohibited from possessing a firearm, you may carry or transport a concealable firearm in this manner.
Carried Firearm while Participating in Permitted Activity
Under California Penal Code Section 12026.2, you may transport an unloaded concealable firearm in a locked container if you are doing so as part of an entertainment event, motion picture, or television production. Also permitted under this statute is the transportation of an unloaded firearm in a locked container if you are participating in other activities such as lawfully organized gun shows, club events, hunter safety classes, sporting events involving guns, or just taking it to a fixed place of business for cleaning or repairs.
Firearm was Carried by a Peace Officer
Under California Penal Code Section 12027, any peace officer, whether on active duty or honorably retired, may carry a concealable weapon. A peace officer who has been “honorably retired” must be issued an identification certificate by the law enforcement agency from which the officer has retired, and the retirement must not have been in lieu of termination.
