Carrying a concealed firearm is against California law unless you’re a certified firearm carrier. If you’re found guilty of the crime, you could face a maximum sentence of three years in prison and/or a fine of up to $10,000. If you or someone you know is being accused of possessing a concealed firearm in Fresno, California, the California Criminal Lawyer Group is ready to help. Our team of experienced attorneys understands the complexities of such cases and will work tirelessly to protect your rights and defend you for a favorable case outcome.
How California Law Defines Carrying a Concealed Firearm
California PC 25400 covers all aspects involving carrying concealed firearms. A defendant will violate PC 25400 if he or she:
- Carries a concealed firearm in his or her vehicle or an automobile under the defendant's control or direction.
- Had a concealed firearm on his or her body or within reach.
- Allowed a firearm to be kept while it was concealed in the vehicle that he/she was driving.
Elements of the Crime
A prosecutor needs to demonstrate several elements before sentencing the accused person for violating the provisions of California PEN 25400. These features are referred to in law as the crime's elements. To convict a defendant of violating PEN 25400, all three aspects of the offense should be proven.
They are as follows:
- The accused concealed or hid a firearm on his/her body or vehicle.
- The defendant was aware that a firearm was being concealed.
- The firearm was well-hidden.
Some of the terminology used in the various aspects of the offense is defined in further detail below.
Concealed
If you carry a concealed firearm, it would be considered illegal, and you would face consequences for it. However, carrying a firearm openly does not absolve you of breaking the law. Carrying a firearm in public could result in a violation of other relevant laws, like California PEN 26350. Possessing or carrying an exposed firearm in public, loaded or empty, is prohibited under PC 25400.
Even if it's not noticeable that you're carrying a firearm, you could still be convicted under PEN 25400 if the firearm is only partially concealed. For example, if a law enforcement officer notices an outline or a bulge of a pistol in your back pocket, it would be considered a concealed firearm.
A Concealed Firearm
Carrying a firearm is a necessary element for a conviction under PEN 25400. California law defines a firearm as any object that's able to fire a projectile by combustion, may be operated as a weapon, or features an interchangeable barrel that's less than sixteen inches or longer. Shotguns, pistols, revolvers, tasers, and short-barreled rifles are the most common firearms that can be carried discreetly.
Carried on His or Her Person
The requirements for carrying a concealed firearm on your person entail having the firearm in your physical possession. This means carrying the firearm in a bag, pocket, or purse that you're holding.
You Were Aware of the Firearm's Presence
To violate PEN 25400, you should be aware that the firearm you're accused of hiding is within reach. You could be exonerated of the charges if you had no idea of their presence.
For example, if you take a colleague's bag without knowing what's inside and a firearm is later discovered, you won't be held accountable under this law because you did not know that a gun was inside.
Individuals Exempted from Trial Under PEN 25400
Several individuals are protected from facing charges under this law, even though carrying a concealed firearm could result in arrest. These individuals include the following:
- Members of the US military.
- Licensed firearms dealers.
- Bank guards and messengers.
- Members of target shooting clubs and organizations.
- Licensed hunters and fishermen who use firearms while running their business.
Aside from the fact that these individuals have been certified to hold firearms, they should adhere to certain demands, such as carrying unloaded firearms and using the firearms in specific cases.
Penalties for PC 25400 Violations
The penalties for violating PEN 25400 differ depending on the following factors:
- The defendant's criminal history.
- Prior violent convictions.
- Any proof that the accused had intentions of using the firearm.
- Failure to comply during arrest.
You could face the following penalties for carrying a concealed firearm, based on the information provided above.
Misdemeanor Charges
A defendant will face misdemeanor charges if he or she violates the provisions of PEN 25400 and his or her actions don't involve any aggravating factors. The potential penalties include the following:
- Serving time in county jail for not more than one year.
- A hefty fine not exceeding $1,000.
A misdemeanor probation term can also be issued in place of a jail term.
Straight Felony Charges
If any of the following information is true, you could face felony charges:
- The accused was previously convicted of a felony for violating California's firearm laws.
- The defendant carried a stolen firearm and had good reason to know it was stolen.
- The accused person actively participated in an illegal street gang.
- The defendant is currently facing a prohibition of owning or possessing a firearm.
- The accused is prohibited from possessing or owning a firearm due to a conviction of murder, rape, lewd acts on a minor, kidnapping, or carjacking.
If you commit a straight felony, you run the following risks:
- Paying a hefty fine not exceeding $10,000.
- Serving probation combined with a jail term that could last a maximum of one year.
- Two years, three years, or sixteen months behind bars.
Wobbler Charges
If the accused owned a loaded firearm, was an unregistered firearm owner, and had a previous misdemeanor record for an offense against an individual or property, their charges under PEN 25400 could be viewed as a wobbler crime.
A defendant could be charged with either a felony or a misdemeanor crime if he or she is facing wobbler charges. The outcome of this situation depends on the specific charges and the defendant's criminal record.
If you're charged with a misdemeanor, you could be subject to the following punishments:
- Serving jail time not exceeding one year.
- Paying a hefty fine of not more than $10,000.
If you're charged with a felony, you could be sentenced to:
- A jail term that could last no more than a year, along with probation.
- A hefty fine not exceeding $10,000.
- Two years, three years, or sixteen months behind bars.
Penalties Associated with Prior Firearms Convictions
If you have previously been convicted of a firearms crime and are found guilty of violating PEN 25400, you could be subjected to a minimum of three months behind bars.
If a person is accused of violating PEN 25400 and has a history of assault with a lethal firearm, brandishing a firearm, or firing at a vehicle or residence, the accused person will likely be sentenced to a maximum of six months in jail.
The only situation in which you could avoid this obligation is if you received probation instead of the mandatory minimum jail term. In addition to the above-mentioned penalties, you also risk losing your firearm ownership rights.
Additional Charges
If you're an immigrant or non-citizen and are found guilty of violating PEN 25400, you could be subject to immigration penalties, including deportation.
By breaking this law, you risk losing the right to hold or use a firearm. Nevertheless, there is an exemption for individuals who are "wards of the juvenile judicial system." If so, you won't be allowed to possess or own a firearm until you turn 30 years old.
Anyone facing criminal charges for breaking PEN 25400 would be permanently prohibited from having access to firearms unless their rights are reinstated.
Restoration of Gun Ownership Rights and Expungement
If you are sentenced to probation for carrying a concealed firearm, you're able to expunge your record after serving the necessary amount of time on probation. When you get your convictions expunged, they are no longer accessible during employment disclosures. If you violate the terms of your probation, your plea to have your convictions expunged could be rejected.
Assume you are accused of committing a crime in a wobbler case. If so, you may get your firearm ownership rights reinstated by requesting the court for a reduction of the felony allegations to misdemeanors and by submitting a petition to have your charges dismissed.
The only way to successfully regain your firearm rights if you are unable to do so through the two-stage process is by obtaining a Governor's pardon. If you have left the state of California, you can apply for a rehabilitation certificate or a direct pardon from the governor.
Once you have been found guilty of a felony crime with a lethal weapon, you can't get a governor's pardon. California law defines a lethal weapon as anything that has the potential to kill or cause serious harm to a victim. As a result, concealable firearms are considered lethal weapons.
How California Law Makes Carrying a Concealed Firearm Constitutional
The state of California allows any person to carry a firearm outside their residence if he or she has a "carrying concealed firearm license or carry." You should demonstrate that you have a solid reason for possessing the firearm. As outlined in PEN 26150 or PEN 26155, getting this authorization involves several conditions.
Legal Defenses Against California PEN 25400 Charges
If a defendant is facing allegations of violating PC 25400, his or her lawyer can raise several possible defenses in court. A competent lawyer will present relevant arguments linked to the allegations at hand. Let's explore the legal arguments that a defense attorney can present in court.
False Allegations
A false allegation is a common defense argument that can be used in almost any case. False allegations usually occur when someone tries to blame you for something you weren't involved in or didn't do. This is often the case when an individual wants to get even with the accused by falsely alleging that he or she was carrying or in possession of a concealed firearm so that the accused can be arrested and charged in court.
Assume a false allegation leads to an arrest. The accused can refute the claims by proving that he or she didn't take part in the crime, using witness testimony and other measures to assist the defendant in fighting the charges.
You Had No Idea Of The Firearm's Existence
If you are aware of the concealed firearm, PC 25400 will apply to you. If you were unaware of the existence of the firearm, you should not be held responsible for these accusations. Most likely, the pistol was put in your back pocket, purse, or briefcase without your knowledge.
It's also possible that, as in the scenario previously mentioned, you took someone else's jacket or briefcase without knowing there was a pistol around. To assert this legal argument in such a case, you need to demonstrate to the jury that you were unaware of the presence of the firearm.
Your Firearm Was Kept In A Trunk Or Container
If the firearm was hidden in your vehicle's trunk or sealed in a container inside the automobile, you'll be exempt from the charges brought against you under PEN 25400. The sealed container is separate from the glove compartment of your automobile.
Therefore, if the officer finds the firearm in these locations, the court would be forced to withdraw the case.
You Are Authorized To Carry A Concealed Firearm
Licensed firearm carriers can carry a concealed firearm without breaking PC 25400. If you possess a permit to carry a firearm, you must present your current permit to the court as evidence of your authorization.
The Firearm Was Hidden Inside Your Residence Or Place Of Work
If you are legally allowed to possess or own a firearm, you can carry it concealed within your home or place of work. Your business location does not have to be where you frequently operate it. Additionally, this rule doesn't apply to individuals who reside and work in their cars. If you work as a taxi driver and have a concealed firearm in your vehicle, you won't be deemed in violation of PC 25400 because the taxi cab is considered your premises of work.
Unlawful Searches and Seizures
The Fourth Amendment of the United States forbids any unlawful searches and seizures. The court is likely to withdraw the charges if the concealed pistol was discovered during an illegal search and seizure operation. Some police officers may engage in unlawful search and seizure operations when they encounter a wrongly parked vehicle or discover a concealed firearm during a search of an individual.
Since the authorities weren't granted a valid search warrant, probable cause to stop you or check your property, or your permission, they could be accused of breaking the law if they conducted the unlawful search and seizure.
Self- Defense
Self-defense can be used in court to defend you against charges. However, to use this legal defense, you should have solid reason to believe that you had been in imminent danger even after getting a restraining order against the individual who was issuing the threats. If you can convince the court of this fact, they could choose to withdraw the case.
Police Misconduct
There are several ways law enforcement officers act improperly. These include:
- Planting concealed firearms on you or your vehicle.
- Lying about having a firearm concealed when you were carrying it out in the open.
- Providing false testimony regarding the case.
- Forcing the accused to admit to committing the crime.
If a defendant can demonstrate that law enforcement acted inappropriately during their arrest or questioning, a defense lawyer can file a Pitchess motion. The motion will offer a chance to look into the law enforcement officer and see whether there have been any prior complaints related to police misconduct.
The court can decide to withdraw the case if the defense attorney can prove that the accused was a victim of law enforcement misconduct and that the police officer has a history of misconduct.
Why You Should Consider a Criminal Defense Lawyer
If you're arrested for having a concealed firearm, you'll have to comply with a lot of complex rules. As a result, it's important to retain legal counsel to guide you through the situation. Engaging an attorney can offer you numerous benefits that you would not be able to obtain on your own.
Below is a more in-depth look at the reasons why you ought to work with a criminal defense lawyer.
Your Lawyer Can Influence a Prosecutor's Decision
During the pre-filing investigation, the prosecution may make serious allegations against the accused person following the results of the preliminary investigation by law enforcement. If you don't have a lawyer to represent you, the prosecutor's office could file serious allegations against you. However, a professional attorney will keep an eye on the prosecution team and make sure that no absurd charges are brought against you.
An Attorney Can Communicate with Law Enforcement More Effectively Than You Could
Before filing any charges against you, law enforcement could attempt to interact with you. Law enforcement officers could try to talk to you casually and get you to admit to the charges. They'll seem casual and even claim to be on your team, but they'll end up testifying against you during trial. However, since a lawyer will be arguing on your behalf, working with one can assist you in avoiding such circumstances.
An Attorney Will Keep A Close Eye On Your Situation
Pre-filing inquiries could take weeks or even months before charges are brought against you. If you have legal representation, your attorney is in charge of keeping you up to date on the status of your case.
A Lawyer Will Clarify Your Allegations
Sometimes individuals are accused of something they are unaware of. However, since lawyers are conversant with the law, you can rest assured that nothing will be done that is legally binding without knowing about it. A lawyer will be better equipped to handle the various legal professionals and factors involved in the case than you will be.
Your Lawyer Can Develop More Effective Legal Arguments To Counter The Allegations
The main objective of engaging a lawyer is to put together a solid defense against the charges filed against you. A lawyer will have a greater chance to put together solid counterarguments if they are given more time to do so. Therefore, it is advisable to retain a lawyer as soon as you are arrested, allowing you ample time to prepare for your case.
Your Lawyer Can Look Into The Allegations And Get Them Dismissed Or Reduced
Once an individual hires a lawyer, they have a responsibility to investigate the case. With their years of expertise, they can identify many factors that could have a significant impact on how the matter is handled. The court can decide to drop the case or lower the charges as a result of the additional information the attorney has submitted.
Confidence In The Case
Working with a lawyer often guarantees that your case will be handled seriously. A qualified attorney will be able to respond to any inquiries you have and assist you in making decisions based on a fair evaluation of the circumstances.
A Lawyer Will Aim For The Best Possible Outcomes
An attorney's primary goal is to secure the best possible outcome for the case. Each action he or she does is focused on achieving the best possible results. Since it's difficult to secure the kind of outcomes that a legal professional can, you should consider hiring one once you're held in police custody.
Hiring a Legal Professional Lowers the Odds of Making a Mistake
If you choose to deal with an issue independently, you risk filing improper documents or using the wrong process. This could have a significant impact on your case and potentially cause you to miss important deadlines. Late submissions may result in increased fees or unexpected complications in processing your case.
Find a Fresno Criminal Defense Law Firm Near Me
Several factors contribute to the success of your case. To effectively handle every aspect of your case and achieve the best possible outcome, it is crucial to seek the expertise of a qualified attorney. At the California Criminal Lawyer Group, we offer exceptional legal assistance to individuals facing accusations of carrying a concealed firearm or other related firearms charges. Contact our Fresno lawyers at 559-712-8377 today to learn more about how we can help defend you.