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.