September 25, 2012

The laws regarding the carrying of a concealed firearm in California can be confusing and often lead to people being arrested in this charge when they thought they were in compliance with the law.  First of all, it is important to know that the fact that the firearm was properly registered is absolutely no defense to this charge.  However, there are a number of potential defenses to a penal code 12025 charge of carrying a concealed firearm.

YOUR FIREARM WAS IN PLAIN SIGHT

While one obvious defense to this charge is that you have a concealed weapons permit (CCW), another potential defense is that the weapon was in plain sight.  California has “open carry” laws which allow registered gun owners to carry their unloaded firearms in plain sight.  While this may be a legal defense to this charge, openly carrying a firearm in the first place will likely bring unwelcome attention form police and others.

YOUR FIREARM WAS IN YOUR VEHICLE’S TRUNK OR IN A LOCKED BOX

The term “locked container” 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. For more information, refer to California Penal Code Section 12026.1.

Other common potential defenses include that you didn’t know you were “carrying” the firearm (likely in your vehicle or luggage) or that the cops found the gun after an illegal search.  Any way you slice it, PC 12025 charges in California are serious and if you or a loved one are facing these charges you should immediately contact the highly qualified Criminal Defense attorneys at Wallin & Klarich at (888) 749-0034.  With offices in Ventura, San Bernardino, Riverside, Los Angeles and Orange County we will be there when you call.

Author

Author: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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