Carrying a concealed weapon in Los Angeles, as under California Penal Code Section 25400, is unlawful. This applies when you carry the weapon in your vehicle or on your person. Generally, carrying a firearm in a public place is prohibited, even when you hold a CCW permit. You could face misdemeanor charges, punishable by a year in jail, or felony charges if there are aggravating factors in your case.
If you face charges under this statute today, and you would like a favorable outcome, we can help at CCLG: Los Angeles Criminal Attorney. We have extensive experience handling various types of gun offenses and can use our skills to develop a solid defense against your charges. We can also help you navigate all legal processes successfully and defend your rights.
The Legal Definition for Carrying a Concealed Firearm
A firearm is categorized as a dangerous firearm because it is capable of causing death or great bodily injury if used against a person. In that case, California Penal Law has various statutes that regulate its possession, acquisition, and use. Carrying a concealed firearm is one of the prohibited acts under California Penal Code Section 24500. This applies to people who carry firearms on their person or in their vehicle. You can face criminal charges under this law even when you hold a CCW permit, as long as you have carried a firearm in a public place without a valid permit.
Prosecutors charge this crime as a misdemeanor or felony, based on the details of your case and your criminal history. Generally, it is a misdemeanor. However, the prosecutor can file felony charges if the firearm is loaded, it is not registered under your name, or you have a criminal history for a drug- or property-related crime.
Specifically, this law prohibits carrying a pistol, revolver, or any other concealed firearm. You can also face charges for causing a person to carry a concealed weapon on their person or vehicle. This is a different crime from Penal Code Section 25850, which prohibits carrying a usable firearm, or Penal Code Section 26350, which prohibits carrying an unusable firearm in a public space.
For a court to give a guilty verdict for carrying a hidden weapon, the district attorney must meet the burden of proof. This means that they must demonstrate all the elements of this crime. These elements are as follows:
- The police found you in possession of a pistol, revolver, or any other firearm that a person can conceal on their person or in their vehicle
- You had carried the gun on your clothes or person, or you made another person carry it on their person, or
- You had carried the firearm in your vehicle, or caused a passenger in the vehicle you are traveling in to carry the weapon.
Remember that since 2012, laws against open carry apply equally to both loaded and unloaded firearms. This means that carrying a concealed firearm is still a serious crime even if the firearm is unloaded. You can face charges if found with an unloaded firearm in a public space.
However, the DA must conclusively prove the following for a court to give a guilty verdict in the matter:
- You have a concealed firearm or something you were carrying or wearing, or
- You had hidden it in the car you were driving in
- You knew of the firearm’s presence on your person or vehicle, or you should have reasonably known
- You had adequately concealed the firearm
If these elements are proven beyond a reasonable doubt, the court can give a guilty verdict.
For better clarity, let us look at some of these elements in more detail:
The Meaning of a Concealed Firearm
A concealed firearm is hidden from public view. In this case, you could have hidden the firearm in your clothes, in a bag you were carrying, or in a vehicle. The people close to you, those you pass by, or those who are traveling with you, cannot easily see the concealed weapon. However, this does not make a concealed firearm less dangerous.
Since this statute only prohibits the carrying of a concealed firearm, you will not be charged under this specific law if you openly carry a firearm. This is a different offense, under California Penal Code Section 26530, which prohibits carrying unloaded or unconcealed firearms in public.
However, if the firearm is partially concealed, with part of it visible to the public, the prosecutor can file charges under either of those two laws.
If the weapon is concealed but onlookers or people traveling with you can see it, this, too, counts as carrying a hidden weapon.
Example: Job, a police officer, stops and arrests Stanley in the streets after noticing what looks like a firearm in their pants’ back pocket. Stanley is later charged with carrying a concealed gun. Remember that this charge applies because the police officer, Job, and maybe other people could clearly see the concealed firearm in Stanley’s back pocket.
The Nature of the Firearm
A firearm is a general term that refers to any portable weapon that can discharge a projectile, like a shot or bullet, through its barrel using the explosive force of a chemical propellant, like burning gunpowder. Under California Penal Code Section 25400, only specific firearms are prohibited for concealed carry. They include revolvers, tasers, pistols, and other small weapons that can be easily hidden on your person or in your car.
This means that this law specifically prohibits the concealed carry of concealable weapons. The legal definition of a concealable weapon also refers to its frame and receiver.
The importance of this statute is to protect the public from the fear that arises from knowing someone around them is carrying a concealed firearm. That is why your charges still apply even if the firearm is unusable. What matters is the feeling or reaction of the people around you once they realize that you have a concealed weapon on your person or vehicle.
The Meaning of Concealed Carry
Generally, Penal Code Section 25400 prohibits the concealed carry of a firearm. This means that charges apply only if the police find you in possession of a hidden firearm. Possession, in this case, can be direct or indirect. You are in direct possession of a firearm if it is on your person (including in something you are wearing or carrying), or somewhere where you have direct control over it (like in a vehicle you are traveling in). The actual location of the firearm does not matter as long as the prosecutor can prove that the weapon was in your possession.
If someone else is carrying the firearm, the DA must prove that you caused them to carry the firearm for a judge to convict you of concealed carry.
Knowing of the Gun’s Presence
The knowledge that a concealed gun is with you is critical. The court will only pass a guilty verdict if there is evidence that you knowingly carried a hidden firearm in public. This law requires you to know or reasonably know of the firearm’s presence on your person or vehicle. If you lack this knowledge, you are not guilty. This element protects innocent people from wrongful convictions for crimes they did not commit.
Example: Sammy borrows Diana’s vehicle to pick up his friends for his housewarming party. Unknown to him, Diana has a concealed gun in the back seat of her vehicle. Although the firearm is covered only by a piece of clothing, it is still visible. On his way, Sammy is stopped by the police for running a red light. While investigating the matter, the officer notices what appears to be a concealed weapon in the vehicle’s back seat. Sammy is arrested and charged with carrying a hidden firearm.
However, in his defense, Sammy successfully convinces the court that he did not know the gun was in the vehicle. The court dismisses the charge against him. However, he still has to pay a fine for running a red light.
Exemptions under California Penal Code Section 25400
Although carrying a hidden weapon is prohibited for most people for public safety reasons, some individuals are excused from prosecution. These people include the following:
- Law enforcement officers on active duty
- Recently retired law enforcement officers
- The United States military personnel
- Messengers and guards working in financial institutions like banks
- Members or organizers of target shooting organizations
- Licensed fishermen or hunters who carry their firearms for their sports
Even though this exemption applies, the exempted persons must keep their firearms unloaded and use them only for authorized purposes.
Possible Penalties and Conviction Consequences for Carrying a Concealed Weapon
Carrying a concealed weapon is generally a misdemeanor. This charge applies if there are no aggravating factors in your case. The punishment for a misdemeanor conviction is 1 year in jail and a $1,000 fine. The judge can sentence you to probation for up to three years instead of jail.
However, if there are aggravating circumstances in your case, the crime becomes a wobbler. This means that the prosecutor can file misdemeanor or felony charges against you. Their exact choice depends on your criminal history and the facts of your case.
Aggravating factors are circumstances or facts of your case that increase your culpability, the crime’s severity, or the possible harm that a person could have suffered. Prosecutors and judges consider these factors when filing charges or determining your penalties.
This crime becomes a wobbler under the following circumstances:
- If there is a previous misdemeanor conviction on your criminal record for a crime against another person, narcotics, property, or a severe drug offense.
- If the concealed weapon was loaded, or could easily be loaded
- If you are not the listed or registered owner of the firearm according to the DOJ’s records
- If the firearm is not lawfully in your possession because it was stolen, or you are a member of an unlawful street gang
Different penalties will apply in your case, based on the exact aggravating factor.
If the conviction is for a misdemeanor, and you have a prior misdemeanor conviction for a crime against another person, property, or a serious drug offense, the judge can sentence you to one year in jail and $1000 in court fines. If you receive a felony conviction, you could face 16 months to 3 years in prison and $10,000 in court fines. Misdemeanor or felony probation is possible under either circumstance.
If you are not the authorized owner of the firearm, or the firearm was loaded, the crime is still a wobbler. A misdemeanor is punishable by up to one year in jail and $1,000 in court fines, while a felony is punishable by 16 months, two or three years in prison, and up to $10,000 in court fines.
However, if you are not in legal possession of that gun, maybe because the weapon is stolen, has been used in criminal activities, or you are a member of an unlawful street gang, the crime is a straight felony. The penalties for this include 16 months to 3 years in prison and $10,000 in court fines.
Although misdemeanor or felony probation allows you to serve part of your sentence outside of jail or prison, you must abide by strict conditions. The judge sets these conditions during sentencing. They may include a requirement to submit periodic progress reports to the court, to meet regularly with your probation officer, not to commit any crimes while on probation, and to complete a specific number of hours of community service. The judge sets these conditions according to the nature of your crime.
If you violate probation by failing to abide by one or multiple conditions, the judge can give you a second chance, set new and stricter conditions, or cancel probation and send you to jail or prison for the recommended period.
Note: A conviction under California Penal Code Section 25400 carries a mandatory minimum jail sentence of three months if there is a previous conviction for a felony or gun-related crime on your record. The mandatory jail sentence increases to three to six months if the prior conviction on your record is for any of the following crimes:
- Assault using a dangerous weapon, under California Penal Code Section 254(a)(1)
- Shooting an inhabited or occupied structure or vehicle, under California Penal Code Section 246
- Brandishing a dangerous weapon, under California Penal Code Section 417
If the judge sentences you to probation under any of these circumstances, you must serve the minimum sentence required for the crime before starting your probation sentence. However, the judge can suspend your minimum sentence if your skilled criminal attorney can demonstrate that it will serve the interests of justice to do so.
In addition to the above penalties, other consequences apply, including the following:
- The police can confiscate your gun
- You could lose your gun rights, especially if the conviction is for a felony
- You will end up with a damaging criminal record that can affect all aspects of your life for years to come
That is why you should hire an experienced criminal attorney to help you fight your charges for a favorable result.
Legal Defense Strategies for Carrying a Concealed Firearm
A conviction for carrying a concealed gun, whether a misdemeanor or a felony, can affect various aspects of your life, including your professional and social lives. It can result in a jail or prison sentence, and leave you with a criminal record that will remain under your name for years. That is why you should build a solid defense against your charges to convince the judge to dismiss or reduce them. You can do this with the help of your experienced criminal attorney. Here are some of the strategies that, if applied well, can result in a favorable outcome:
Your Actions Were Not Willful
Carrying a concealed firearm becomes a crime when you do it willfully or knowingly. This means that you must know or should reasonably know of the presence of the firearm on your person or in your car. If your actions are not willful, the prosecutor cannot prove all the elements of the case beyond a reasonable doubt. The court will dismiss your charges because the prosecution cannot meet the burden of proof.
However, you need irrefutable proof that you did not knowingly carry a concealed gun. Simply stating your innocence before a jury is not enough. Your attorney should prove that, although you were driving the vehicle, wearing the jacket, or carrying the backpack or briefcase, someone else put the weapon in the vehicle, jacket, bag, or briefcase without your knowledge. They can strengthen your evidence by bringing eyewitnesses or using video surveillance to prove your claims. If this strategy works, the court will dismiss your charges.
The Firearm Was Locked or in the Trunk
Remember that carrying a hidden weapon is prohibited to protect the public from the fear of knowing that someone in their midst is carrying a dangerous weapon. This happens when the concealed weapon is carried in a way that allows someone else to notice it. For example, if you carry an unloaded weapon in your back pocket or briefcase, chances are high that someone might see it and experience reasonable fear for their safety.
Carrying a firearm, whether loaded or unloaded, in a locked container or trunk of a vehicle is a different issue. This is because there is a minimal chance that someone will see the firearm and feel threatened. That is why the law against concealed carry does not apply to firearms locked in a vehicle’s trunk or in a locked container. You can avoid conviction if you prove that your firearm was safely locked in a container or trunk.
However, a locked container or a vehicle’s trunk does not include a vehicle’s glove box. The glove box is easily accessible to passengers, including those in the vehicle.
You Are Licensed for Concealed Carry
Concealed carry is unlawful if you are not exempted under the law or do not have a license to carry a concealed weapon. Remember that some people are exempt from prosecution for carrying a hidden weapon, including active law enforcement officers or recently retired officers, if you are exempt and can prove it. The court will dismiss your charges. If you are licensed to carry a concealed gun, you can produce your valid license in court to fight your charges.
You Did Not Have the Firearm In Public
Again, the law against carrying a hidden weapon applies if you are found in possession of a hidden firearm in public. In this context, the public refers to any space frequented by other people. The place must not be your personal space, including your business or home. If you are accused of carrying a hidden weapon in your home or business, you can use this defense to convince the court to dismiss your charges. This is because the law does not prohibit you from carrying a concealed weapon in your home or business.
However, this law does not apply to you if you live or work in your car. Having a concealed weapon in your vehicle will result in criminal charges.
You Are a Victim of Illegal Search and Seizure by the Police
If an officer suspects that you are carrying a hidden weapon, they need probable cause to obtain a search warrant to search your person or property. Without a valid warrant, the police will be committing a serious violation of your civil rights by searching. This applies even if they find unlawful weapons on your person or property.
If you are a victim of an unlawful search and seizure, your skilled attorney can compel the court to dismiss all evidence gathered against you or your charges.
Find an Experienced Criminal Attorney Near Me
Do you or someone you know face criminal charges for carrying a concealed weapon in Los Angeles?
Understanding the legal implications and possible penalties associated with your charges is critical. A skilled attorney can help you with this, as well as with navigating complex legal processes. They can also defend your rights and use their best defense strategies to obtain a favorable outcome in your case.
We are experienced in all kinds of gun crimes at CCLG: Los Angeles Criminal Attorney. We can use our extensive skills and experience to help you fight to have your charges dismissed or reduced. Call us at 323-922-3418 to discuss your needs and our services at length.
