California Deadly Weapons Defense Lawyers

Concealed Weapons / Possession of Firearms

The state of California tightly regulates who may possess, carry and use a firearm and what types of firearms are considered lawful. We have a vast and complicated network or laws regulating the use of firearms, including laws that increase the penalties for certain crimes if firearms were used to commit the crime. Certain firearms, such as automatic weapons, are outright prohibited in California for private citizens. Likewise, certain people are not allowed to have an otherwise legal firearm, including convicted felons, people on some types of probation, juveniles convicted of serious crimes, mental patients and people who are subject to a restraining or protective order.

Some common charges that have to do with firearms include:

1. Brandishing a Weapon (PC §417) – which is defined as drawing a firearm or other weapon, and waving it in a threatening or rude manner. This is punishable with a minimum of 30 days in jail, but that punishment goes up if the firearm is brandished in public; if the firearm is concealable or if the brandishing took place in front of a police officer.
2. Carrying a concealed weapon (PC §12025), which can be a misdemeanor or felony, depending on the circumstances. California allows local law enforcement agencies to issue concealed weapons permits to people who qualify and have completed safety training. If you don’t have such a permit, carrying a loaded, concealed weapon in public is a serious felony.
3. Possession of firearms (PC §12280-12282), which can include firearms that are illegal in California, or firearms that are legal but that you do not have permission to own. Many laws fall under this description, and carry felony or, more rarely, misdemeanor penalties.

Because there are so many laws regulating firearms in our state, a firearms charge is very complicated. The type and severity of the charges you could face change according to your personal circumstances, where you were during the time of the alleged crime, whether the gun was loaded and whether it was concealed. That’s why you should speak with a weapons violation lawyer at Wallin & Klarich as soon as possible after you or someone you care about is charged with a firearms violation. We can help you sort out the law, look at the circumstances to build the best possible defense and work to try to get your charges dismissed.

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More California Concealed Weapons Information

• Concealed Weapons: What You Need to Know
• Concealed Weapons Overview
• Concealed Weapons Prosecution
• Concealed Weapons Defenses
• Concealed Weapons Sentencing and Punishment
• Concealed Weapons FAQ
• Client Testimonials: Concealed Weapons

carrying a concealed firearm overview – california penal code section12025

In California, carrying a handgun that is small enough to be concealed is a punishable offense under Penal Code Section 12025. According to this gun law, a firearm can be concealed either on your person (e.g., your pockets, in the folds of your clothes, etc.) or within a vehicle to which you are an occupant or have unrestricted access.

California gun laws define a “firearm capable of being concealed on the person” as 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.” To put it in other terms: If it is small and shoots bullets, it is a concealable firearm for the purposes of this law. Handguns such as pistols and revolvers generally fall under this category while larger, more cumbersome weapons such as shotguns and rifles do not.

You can be convicted for carrying a concealed firearm if the prosecution can show that 1.) you carried a firearm capable of being concealed, 2.) that you knew you were carrying a firearm, and 3.) that it was substantially concealed when you were carrying it.

In situations involving firearms found in a vehicle, the prosecution must show that 1.) the firearm was capable of being concealed, 2.) that you knew the firearm was in the vehicle, 3.) the firearm was substantially concealed, and 4.) the vehicle was under your control or direction. Every element of this crime needs to be proven in order to sustain a conviction against you.

This offense in its most basic form is a misdemeanor punishable by imprisonment in county jail for no more than 1 year and/or a maximum fine of $1,000. The fines and penalties will vary and become increasingly more severe as other conditions or enhancements make the offense more serious.

If you are charged with carrying a concealed firearm, it is a good idea to seek the assistance of an experienced criminal defense attorney. Our attorneys at Wallin & Klarich have over 30 years of experience taking on cases just like yours. We will look at the particular facts of your case to determine the best defense strategy that is available to you. Our goal in the matter is to provide you with the best outcome possible. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.

More California Concealed Weapons Information

• Concealed Weapons: What You Need to Know
• Concealed Weapons Overview
• Concealed Weapons Prosecution
• Concealed Weapons Defenses
• Concealed Weapons Sentencing and Punishment
• Concealed Weapons FAQ
• Client Testimonials: Concealed Weapons

carrying a concealed firearm prosecution – california penal code section12025

In order to convict you for this crime, the prosecution must run down the checklist and prove beyond a reasonable doubt every element of the crime. To be convicted for carrying a concealed firearm on your person, the prosecution must show that:

1. You carried on your body a firearm capable of being concealed on your body,
2. You knew that you were carrying a firearm, AND
3. It was substantially concealed somewhere on your body.

To be convicted for carrying a concealed firearm within a vehicle, the prosecution must show that:

1. You carried within a vehicle a firearm that is capable of being concealed on your body,
2. You knew the firearm was in the vehicle,
3. The firearm was substantially concealed in the vehicle, AND
4. The vehicle was under your control and direction.

More California Concealed Weapons Information

• Concealed Weapons: What You Need to Know
• Concealed Weapons Overview
• Concealed Weapons Prosecution
• Concealed Weapons Defenses
• Concealed Weapons Sentencing and Punishment
• Concealed Weapons FAQ
• Client Testimonials: Concealed Weapons

carrying a concealed firearm defenses – california penal code section12025

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.

More California Concealed Weapons Information

• Concealed Weapons: What You Need to Know
• Concealed Weapons Overview
• Concealed Weapons Prosecution
• Concealed Weapons Defenses
• Concealed Weapons Sentencing and Punishment
• Concealed Weapons FAQ
• Client Testimonials: Concealed Weapons

carrying a concealed firearm sentencing and punishment – california penal code section 12025

A first offense violation of Penal Code Section 12025 is punishable as a misdemeanor, which brings with it a jail sentence in county jail for up to 1 year and/or a maximum fine of $1,000.

This offense may be charged as a felony offense, which may bring with it a 3 year sentence in state prison, if:

1. You were previously convicted of a felony,
2. The gun was stolen and you knew or had reason to believe that it was stolen,
3. You are an active participant in a criminal street gang,
4. You are not in lawful possession of the gun,
5. You belong to a class of people prohibited from possessing or acquiring a firearm due to drug dependency or prior criminal convictions.

If the gun is not registered to you, a first offense is a “wobbler” in that it can be prosecuted as either a misdemeanor or a felony if you also had ammunition for the gun in your immediate possession or it was readily accessible to you. Punishment can include a sentence in either state prison, or county jail for up to 1 year and/or a maximum fine of $1,000.

Because gun control laws in California are so extensive and convoluted, a firearms charge can have you facing a number of possible fines and penalties. It is, therefore, very important that you seek the assistance of a criminal defense attorney who is knowledgeable of California’s complicated gun laws to help you overcome the charge you face. Our attorneys at Wallin & Klarich have over 30 years of experience aggressively representing clients charged with carrying a concealed firearm. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.

More California Concealed Weapons Information

• Concealed Weapons: What You Need to Know
• Concealed Weapons Overview
• Concealed Weapons Prosecution
• Concealed Weapons Defenses
• Concealed Weapons Sentencing and Punishment
• Concealed Weapons FAQ
• Client Testimonials: Concealed Weapons

carrying a concealed firearm faq – california penal code section 12025

1. What if the gun I was caught carrying was broken, can I still be charged with carrying a concealed firearm?Yes. A firearm does not need to be in working order if it was designed to shoot and appears capable of shooting.
2. If I was carrying a gun in a holster, can I be charged under this statute? No. Firearms carried openly in belt holsters are not concealed for the purposes of this crime.
3. If I have a permit to carry a concealed weapon that was issued by another state, am I allowed to carry a concealed gun in California? No. Permits issued from other states are not valid in California. Therefore, if you are found carrying a concealed gun, you will not have a recognized permit.
4. What does a “locked container” mean for the purposes of this crime? It means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment.
5. Does this charge apply if I was caught carrying a knife or other deadly weapon?

No. This charge specifically deals only with firearms capable of being concealed, which is defined as 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. Therefore, no knives or even large non-concealable firearms (e.g. shotguns, rifles) are covered by this particular law.

More California Concealed Weapons Information

• Concealed Weapons: What You Need to Know
• Concealed Weapons Overview
• Concealed Weapons Prosecution
• Concealed Weapons Defenses
• Concealed Weapons Sentencing and Punishment
• Concealed Weapons FAQ
• Client Testimonials: Concealed Weapons

Testimonials

Concealed Weapons Cases

Having never been to court before, when I received a letter from the DA indicating that I had been charged with a violation of 653k PC Switch-Blade Knife (possession of a switch-blade knife) I had turned to friends looking for recommendations and was referred to the Law Offices of Wallin & Klarich.

Even though I first contacted them late in the evening, they immediately got back to me and explained the situation that I found myself in. After doing my research and checking out other law firms, I hired Wallin & Klarich because they appeared to be my best option. I was not disappointed. The lawyer assigned to my case, attorney Matt Wallin, is incredibly experienced; he answered all my questions, and got my case dismissed.

If in the future I require the services of an attorney I will go back to Wallin & Klarich and attorney Matt Wallin. I would recommend them to any of my friends and family who find themselves in need of an attorney.

A.Y.

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“I am very pleased that I hired Wallin & Klarich to represent me in a complaint alleging possession of a concealed weapon. My attorney filed a motion to get the case dismissed and the Judge at the Airport Court granted the motion. I am relieved that the case has been dismissed. Thank you!”

- C.C.

More California Concealed Weapons Information

• Concealed Weapons: What You Need to Know
• Concealed Weapons Overview
• Concealed Weapons Prosecution
• Concealed Weapons Defenses
• Concealed Weapons Sentencing and Punishment
• Concealed Weapons FAQ
• Client Testimonials: Concealed Weapons