In California, carrying a concealed weapon is a wobbler offense. The crime is outlined under California Penal Code 25400. The statute criminalizes you from carrying a firearm in your vehicle or anywhere else where you can easily acquire it. A conviction for the crime attracts harsh penalties. In California, it is even illegal to carry a gun openly. Based on your criminal records and the offense's nature, you could face felony or misdemeanor charges. The charge comes with steep fines and extensive jail terms. You want to work closely with a well-skilled criminal defense attorney.
At California Criminal Lawyer Group, our attorneys are passionate about protecting and defending your rights whenever you face a criminal charge. The attorneys are reliable and well experienced in providing legal help. So if the law enforcement officers arrest you for carrying a concealed weapon, call us as soon as possible.
What is Carrying a Concealed Firearm?
Carrying a concealed firearm is outlined in California penal code 25400. The crime involves carrying a concealed firearm in your belongings like a briefcase or purse or in a car you control. To face the conviction for the crime, the alleged firearm should be hidden. When the firearm isn’t concealed, the offense becomes a violation of California penal code 26350. Even when the weapon is partially unidentified or hidden, you still violate PC 25400. If this is your case, you need to hire a criminal defense attorney to help you throughout the legal process.
Elements of the crime
Every crime comes with its elements. The elements include various acts that the prosecutor must prove you did or did not do before you face conviction. When the prosecutor fails to prove the elements of the crime, the judge should dismiss your charge. However, even when the prosecutor has evidence to support their claim, the criminal court judge can still dismiss your charge if the case does not meet the elements. The elements for PC 25400 include:
- You concealed a firearm in person or in your vehicle
- The alleged weapon was concealed
- You knew the alleged weapon was concealed
The main element of the crime knew the alleged weapon was concealed. Can you carry the weapon without knowledge? Yes, sometimes, you can carry a concealed weapon without knowing whether the weapon is concealed. For you to face conviction, you must have the knowledge and the intent the weapon was concealed. For example, when you grab a bag from another person, you cannot face conviction for the crime.
What Does Concealment Mean?
Concealment means the firearm is hidden within the waistband or jacket. The crime of concealed weapons is outlined under PC 25400. The statute states that possessing a firearm in an open place where people can see it is illegal. So, when the law enforcement officers find you carrying the weapon, you will face charges for the crime regardless of whether the weapon is loaded. As per the law, the firearm does not require to be concealed or hidden. You will face the charges even when the firearm is just identifiable or obscured. For example, you carry a gun in your pocket, and the police notice the firearm.
“carried the Weapon on Your Person.”
The element means that you physically possessed the concealed weapon. It doesn’t matter whether the firearm is actually on your person or in something you are carrying. Therefore whether the firearm is inside your briefcase, pocket, or purse, you will face conviction for the crime.
What Is a Firearm?
A firearm is a weapon that uses explosives to expel projectiles. But the law excludes the modern rockets since they do not leave a barrel. The following are the examples of firearms:
- Revolver
- Shotguns
- Handguns
- Rifles
- Pistols
- Tasers
You Knew About the Presence of The Concealed Weapon
To face conviction for the crime, the prosecutor must show you knew that the alleged weapon was under your possession. It means if you did not know the concealed weapon, you would not face conviction for the crime. So, when the police arrest you for carrying a concealed weapon, you want to speak with your attorney immediately.
Penalties For Carrying a Concealed Firearm in California
The prosecutor will charge the case based on the facts surrounding your case. If you do not have aggravating factors in your case, a violation of the statute will become a misdemeanor. When a misdemeanor, you will remain behind bars for up to 12 months and pay a fine of $1,000.
The criminal court judge can also decide to award you misdemeanor probation. Once granted the probation, you will serve part of your jail term. The judge will consider several factors to grant the misdemeanor probation, including your criminal record. Aggravating factors may also attract a felony charge. The aggravating factors include:
- You illegally own or possess a firearm
- Whether you are a member of a gang
- Whether you have a prior criminal record
- You are under a permanent or temporary restraining order
- Whether the law restricts you from possessing a gun
Consequently, when the court finds you guilty of violating PC 25400, you will face a maximum of 12 months jail term in addition to a probation term of a three-year jail term. The court can also require you to pay a fine of up to $10,000.
Sometimes the court can charge a violation of PC 25400 as a wobble. You would face the wobbler charges if your firearm were loaded. For example, you will face the wobbler charge if you do not have a license to own a firearm. As you know, a misdemeanor charge means the prosecutor can file either a felony or misdemeanor charge. The charge the prosecutor will file will be based on your criminal history and the facts surrounding the case.
The wobbler charge will also lead to the revocation of your right to own a gun. For you to restore your rights to own a firearm, the law requires you to file a petition that will reduce your charge. After filing the petition, you seek the dismissal of your case. If the process is fruitful, you will restore your right to possess a gun.
If you are a non-American, the crime will lead to your deportation. But your criminal defense attorney can negotiate with the prosecution team to seek a lesser severe charge. Lastly, every offender with a previous conviction involving a gun, which violates PC 25400, will have to serve in jail for a minimum of three months. A prior conviction like assault using a dangerous weapon will attract penalties of 6 months jail term.
Can You Expunge the Criminal Record?
Luckily, when the court grants you probation, you stand a chance to expunge your criminal record. Expunging the criminal records will only be successful if you complete your probation without violating the terms of your probation. After deleting the criminal record, you will not restore your right to own a firearm. But you will be eligible to seek a new job and rent a house.
The legal Defense For Carrying a Concealed Weapon
The violation for PC 25400 attracts severe penalties. But you can still fight the charges. You want to start by hiring a well-skilled criminal defense attorney. The attorney will help you collect sufficient evidence and challenge the prosecutor's evidence. The following are the potential defenses for violating PC 25400.
Lack of knowledge
The prosecutor must prove you knew the concealed firearm. It means if you did not know the concealed weapon, you would not face conviction. For example, you can argue that someone placed the weapon in your bag or you accidentally put the wrong bag. You can accidentally end up with a concealed weapon in many ways.
You Have a License to Carry the Concealed Weapon
You can carry a concealed weapon if you have a valid license. However, you will have the burden of proving your license is valid. You should also prove you acted by the license. Once you do so, the court will consider dropping or reducing your charge.
The Firearm Was in a Locked Container
Sometimes the law might sound impossible to transport a firearm from your home unless you go hunting and range shooting. But the law provides exceptions. If the weapon is locked in a container, you cannot face the charges for violating the law since you are legally allowed to own or possess the firearm. The court will also not find you guilty of the crime if the arresting officers find the weapon in your vehicle trunk.
The Weapon Was Within Our Residence
The law allows you to carry a concealed weapon in your business or home. So, before you store the firearm in your business, you want to consult your lease since the landlord might be against possessing a firearm on their commercial property.
Self-Defense
You may argue you felt your life was in danger and carried the weapon to protect yourself. However, your attorney must prove key elements, including:
You believed your life was in danger.
You Were also in The Process of Seek Restraining Orders.
The law allows you to obtain restraining orders when your life is in danger. But you might be in danger, but you have no restraining orders. If this is your case, your criminal defense attorney must prove your life was in potential danger before the court. So the court will either drop or reduce the charges.
Police Misconduct
You can also use police misconduct to fight the charge. If you believe the arresting officers violated your rights during the arrest, you have a valid defense to fight the charge. The conduct of law enforcement officers can be the foundation for your defense. The police misconduct may include:
- Abusing your rights.
- Planting the alleged weapon in your vehicle.
- Providing false evidence and testimony about the situation of the crime.
- Providing lies, the alleged firearm was concealed.
Unlawful Seizure or Search
You may face allegations of carrying a concealed weapon when the alleged weapons were obtained through illegal seizures and searches. For example, when the law enforcement officers stop you for violating traffic laws like overspeeding, they should issue you with a citation. So, it is illegal for law enforcement officers to proceed with their searches without probable cause. If the officers discover a concealed weapon during the illegal searches, you will not face charges for the crime. The law protects you from illegal; seizures and searches. You want to discuss with your criminal defense attorney what happened during your arrest.
Expungement for Carrying a Concealed Weapon in California
According to the California PC 1203.4, the law allows you to file a petition and seek expungement for misdemeanors and various felony convictions. If you face a conviction for misdemeanor charges, you become eligible for the expungement. Also, an expungement for felony convictions is available to the defendants.
The expungement does not bring complete abolition of the conviction record. The record remains available to the general public, including law enforcement officers, school representatives, and other public employees. Usually, no public member can view the criminal record during the background check.
The expungement enables you to say to the private employees, oaths, or rental applications that you have never faced conviction for the crime.
People Exempted From Facing Conviction for Violating PC 25400
According to the law, not everyone who carries a concealed weapon will face a conviction for the crime. The following groups of people are excused from facing prosecution:
- Military personnel
- Active or retired peace officers
- Licensed hunters
- Members who belong to a shooting organization or club
- Banker guards or messengers
Remember, even if you fall under the above categories, the law places conditions for carrying a concealed firearm. It means even when you belong to the above groups, you can still face conviction for the crime. The firearm can only be used for certain activities. So, when you belong to the groups mentioned above, you want to consult your attorney to help you fight the charge.
Offenses Charged Alongside Carrying a Concealed Firearm
In California, the criminal court judge can decide to charge you with carrying a concealed weapon charge or charge you with another related crime, or both. These offenses have related elements but vary based on the facts surrounding the case and the offender's criminal record. The following are the offenses charged alongside carrying a concealed weapon in California:
Carrying a Loaded Firearm
Under California PC 12031, the law prohibits carrying a loaded weapon in your vehicle. For you to face conviction for the crime, the prosecution team must prove the elements of the crime. The following are the main elements of carrying a loaded weapon in California:
- You knew the weapon was loaded
- You carried the weapon in person or in your vehicle
- You carried the weapon in a public place
If you do not have aggravating factors in your case, the court charges the crime as a misdemeanor. So you serve a jail term for up to 12 months and pay a fine not exceeding $1,000. When the prosecutor files the case as a felony, you will pay a fine of up to $10,000 and remain behind bars for up to three years. Carrying a loaded firearm becomes a felony when:
- You have a previous felony conviction.
- You are a member of a street gang
- You have a previous conviction for firearm crimes
- The law restricts you from possessing a firearm.
Fighting the Charge
When the prosecutor convicts you of the crime, you will face a long jail term and heavy fines. Remember, the felony conviction will affect your ability to possess a firearm, stay in the US if you are an immigrant, and hinder you from conducting certain professions. The best outcome is to convince the court to charge you with a lesser charge, a misdemeanor charge. Based on the nature of the tour case, the court can decide to dismiss your case. For example, the court can dismiss the case when the prosecutor has insufficient evidence. The following are the potential defenses your attorney can use to fight the charges:
- The arresting officers did not read your Miranda rights
- The police lacked a probable cause to conduct a search
- The law enforcement officers did not have a probable cause to pull you over
- You carried the alleged firearm for self-defense
- You can demonstrate you did not know whether you carried the alleged firearm.
- Proving that the weapon was unloaded when the police arrested you
Felony Possession Of a Firearm PC 29800
The crime is outlined under California PC 29800. The statute prohibits three categories of people from possessing a firearm in California. These groups of people include:
- People addicted to narcotic drugs
- Someone with a previous felony conviction
- Someone facing a conviction for violent firearm offenses
Before you face the conviction for the crime, the prosecutor must prove the elements of the crime. The elements of felony possession of a firearm are:
- You fall under one of the above groups
- You knew of the presence of the firearm
- You purchased, possessed, or owned the firearm
The Potential penalties
When charged with felony possession of a firearm, you will face the following penalties:
- A fine not exceeding $10,000
- A jail term for up to three years
- If you are an immigrant, the charge will negatively affect you.
The Legal Defenses
Facing a charge for felony possession of a firearm does not mean you will face a conviction for the crime. You can fight the charge by working closely with a well-skilled and experienced criminal defense attorney. The attorney will help you build a strong defense and fight the charge. The potential defenses for the crime include:
Illegal Seizure and Search
Many law enforcement officers charge you a crime after searching your property or house. But the law requires the officers to search your house or property by a legal search warrant. So, if this is your case, you have a valid defense.
Monetary Possession
Your attorney can also use the defense of monetary possession to fight the charge. The defense admits you possessed the firearm. However, you possess the firearm for a moment before you move it. But your attorney must prove:
- You possessed the alleged firearm with the intent to dispose of it
- You possessed the firearm for a transitory period
Brandishing a Firearm or Weapon – PC 417
According to California PC 417, the law prohibits brandishing a firearm. To brandish a firearm means to exhibit or draw the firearm in a threatening manner.
The penalties
In California, a violation of PC 417 is a misdemeanor. The law punishes the offenders with a jail term of up to three years. Note to brandish a firearm capable of being concealed is a misdemeanor in California. As the offender, you face a jail term of up to 12 months and pay a fine not exceeding $1,000. Sometimes the prosecutor can file the offense as a wobbler, meaning you will face a felony or misdemeanor charge. A misdemeanor charge attracts 12 months of jail time, while a felony charge attracts jail time for up to three years.
The Potential Defenses
The good news is that you still have a chance to fight the charge by working closely with a skilled criminal defense attorney. The attorney can use the following defenses to fight the charges:
Self-defense
You are innocent under the law if you act in a reasonable defense or defense of another person. You can act in self-defense when You believe you or your loved one is about to suffer imminent harm. If this is your case, the court will consider dropping your case.
No Dangerous Firearm
One of the elements of the crime is possession of a deadly firearm. It means you cannot face conviction for the crime when you do not possess the firearm. Your attorney needs to present evidence that supports your claim.
Contact A Santa Ana Criminal Defense Attorney Near Me
As discussed above, the penalties for carrying a concealed weapon in xxx are severe. So, when you face allegations of violating California PC 25499, you want an aggressive and solid defense.
The success of your case requires the collection of testimonies and documentary evidence. That’s why it is recommended you hire a criminal defense attorney. At California Criminal Lawyer Group, our attorneys have a proven record of helping clients obtain the best case outcomes. If the police arrest you in or around Santa Ana, you want to call us as soon as possible. Contact us today at 800-834-8522 for a free case evaluation.