California Gun Lawyers & Carrying Concealed Firearm Laws – California Penal Code 25400
Do You Need a Gun Lawyer?
Carrying a gun in California means that you are subject to a complicated network of firearm laws and restrictions. These laws occasionally change, and staying up to date about the changes in these laws is important.
It is often said that ignorance of the law is not a defense, which is why the attorneys at Wallin & Klarich are here to keep you informed of the changing laws concerning firearms in California. If you have been charged with illegal possession of a firearm, contact the gun rights attorneys at Wallin & Klarich today.
Call us today at (877) 466-5245 to receive expert legal advice about your case. Be sure to read on to learn more about gun laws in California so that you can be fully informed about your charges.
Why Hire Wallin & Klarich?
The success of our gun rights criminal defense firm has helped us achieve the highest of merits, including a 5 out of 5 AV rating on Lawyers.com, a 10 out of 10 rating on AVVO.com, and an A+ rating from the Better Business Bureau.
For over 40 years, the gun lawyers at Wallin & Klarich have helped many people like you who have been charged with various gun crimes. Here are just a few testimonials provided by some of our previous clients who wanted to share their stories:
“It has been my extreme pleasure to have had Wallin & Klarich law firm represent me and help me fight my charges for assault with a deadly weapon. My attorney did a great job keeping me informed and addressing my concerns, and he handled the situation in a professional manner. In addition, he explained everything thoroughly as the case went on, so I could spend more time at home with my family. Also, they provided me with the option to sign up for their payment plan to pay for their legal services, which has been extremely helpful. Thank you.”
– S. R.
“I was charged with 3 Felony Counts for aggravated assault with a deadly weapon and great bodily injury – all serious and violent strikes. I was facing the possibility of many years in prison. My attorney believed in my innocence and fought hard for my freedom. After fully discussing the factual details and legal defenses of my case with me, he advised we should take my case to preliminary hearing. He explained this option would be more beneficial than to settle for a plea bargain that would land me in jail with a criminal record. He was very confident that we had some powerful legal and factual defenses.
My attorney was fully prepared for the preliminary hearings. He advised me that the prosecution’s burden of proof at prelim was very slight. Thus, it would be a very difficult task to get the charges dismissed at the prelim. After my attorney cross-examined five witnesses and presented his arguments to the court, the judge dismissed all charges pending against me! I am very grateful and thankful for Mr. Cohn’s hard work and dedication to my case. Thank you Wallin & Klarich.”
“I recently retained your law office for my son Scott, who was convicted of felony counts of assault with a deadly weapon. From my initial call, I was treated with professionalism and compassion. Your prompt response to every email and phone call showed us you cared about my son’s case. Our assigned Wallin & Klarich attorney was impeccably professional, and he treated us on a very personal level. His expertise in assault cases helped reduce my son’s sentence for which we are forever grateful.”
Call Wallin & Klarich Today
You can place your trust in Wallin & Klarich. Our knowledgeable California gun crimes lawyers are committed to defending your gun rights and your freedom. Call us today for immediate help on your case.
For more information on firearms laws, read below or simply pick up the phone and speak to one of our skilled gun rights attorneys today.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation.
California Law on Carrying a Concealed Firearm – PC 12025
Recently, the laws under California Penal Code 12025 governing concealed firearms were replaced by Penal Code 25400 PC, which makes it a crime to:
- Carry a concealed firearm inside a vehicle under your control or direction;
- Carry a concealed firearm on your person; or
- Cause a concealed firearm to be carried in a vehicle that you are an occupant of.
In addition, if you are charged with violating Penal Code 25400, you could be charged with a number of other crimes including carrying a loaded firearm, or brandishing a weapon.
Here is what you need to know about the new law, and how an experienced criminal defense attorney can help if you are charged with violating it.
Prosecution of Carrying a Concealed Firearm
In order for you to be convicted of carrying a concealed firearm on your person, the prosecution must prove all of the following elements beyond a reasonable doubt:
- You carried a firearm capable of being concealed on your person;
- You knew that you were carrying the firearm; and
- The firearm was substantially concealed on your person.1
In order for you to be convicted of carrying, or causing the carrying of a concealed firearm within a vehicle, the prosecution must prove all of the following elements beyond a reasonable doubt:
- You carried within a vehicle a firearm capable of being concealed on your person, or caused that firearm to be carried;
- You knew the firearm was in the vehicle;
- The firearm was substantially concealed within the vehicle; and
- The vehicle was under your control or direction, or that you were in the vehicle at the time the firearm was concealed there.2
Sentencing and Punishment for Carrying a Concealed Firearm
If you are convicted of carrying a concealed firearm, you face a sentence of 364 days in county jail, a fine of up to $1,000, or both.3
While a violation of Penal Code 25400 PC is normally a misdemeanor, you can be charged with a felony if:
- You have previously been convicted of any felony;
- The firearm is stolen and you had knowledge, or reasonably should have known that it was stolen;
- You are an active participant in a street gang;
- You are restricted by law from possessing a firearm pursuant to Chapter 2 or 3 of Division 9 of this title, Section 8100 or 8130 of the Welfare and Institutions Code, or Penal Code 29800 or 29900.4
If you are convicted of violating Penal Code 25400 as a felony, you face a sentence of 16 months, 2 or 3 years in state prison, a fine of up to $10,000, or both.5
Punishment for violating Penal Code 25400 is a wobbler, meaning you can be charged with either a misdemeanor or a felony depending on whether:
- You have been previously convicted of a misdemeanor crime against a person, or of a narcotics or dangerous drug violation;
- The firearm was loaded, or both the firearm and the ammunition capable of being discharged from it are in your immediate possession; or
- The firearm is not registered to you.
Possible Defenses to Carrying a Concealed Firearm Charges
If you have been charged with carrying a concealed firearm, a skilled criminal defense attorney can raise several defenses on your behalf. These defenses include:
You did not know that you possessed the firearm – Knowledge of possession is an element that the prosecution is required in order to convict you of a Penal Code 25400 violation. If you did not know you had possession of the firearm, you should not be found guilty of this crime. Say, for example, a friend asked you to give him a ride. After you dropped your friend off, you are pulled over by an officer who see’s a gun laying on the back seat of your car and you are arrested for carrying a concealed firearm. If your attorney can show that you did not know you had possession of the gun and that the gun did not belong to you, you should not be convicted of this crime.
The firearm was not concealable – a concealable firearm is defined as having a barrel less than 16 inches in length. If your firearm has a longer barrel or otherwise does not match the description of a concealed firearm, you should not be convicted of this crime.
You were licensed to carry the firearm – if you have a concealed carry permit, then you are exempt from this law. See our page on concealed carry weapons permits.
Frequently Asked Questions Regarding Carrying a Concealed Firearm
At Wallin & Klarich, we frequently receive questions from those facing charges of carrying a concealed firearm. These include:
Is it a violation if the firearm is holstered?
No, a firearm carried openly on a belt holster is not “concealed” under this law. See our page on California open carry laws.
Is it a violation if the firearm is not in working order?
Yes. Even if the firearm is not functional, you can still be convicted of violating Penal Code 25400 PC.
If I am transporting the gun for hunting purposes, can I be convicted for carrying a concealed firearm?
No, but the firearm may need to be unloaded and carried in a locked container in the trunk of your car, and you must show proof of a gun permit in order to avoid criminal charges.
Contact Wallin & Klarich if You Have Been Charged with Carrying a Concealed Firearm
Wallin & Klarich has been successfully defending those facing criminal charges of carrying a concealed firearm for over 40 years. We can help you, too.
With offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, an experienced Wallin & Klarich criminal defense attorney can help no matter where you work or live.
Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.