California Carrying A Concealed Weapon Attorney – Penal Code 25400 PC

My Rights Law’s Gun Charges Lawyer Can Help Reduce A Carrying A Concealed Weapon (CCW) Charge

If you’ve watched the news, surfed the net, or been outside recently, then you’ve probably heard people debating gun laws. There are gun enthusiasts and gun-control supporters. Regardless of which side you’re on, you should know that violating a gun law can come with severe consequences. While we understand that millions of California residents carry firearms, and other weapons, on themselves for protection, there are limitations. If an officer arrested you for carrying a concealed firearm in California, or you’d like to avoid such an arrest, then continue reading the article below.

California Gun Charges Defense Attorney

If you are facing gun charges in California, such as carrying a concealed weapon, it is recommended that you consult with a criminal defense lawyer right away. Fortunately, you do not have to deal with this situation on your own. The law says that you have the right to hire a California lawyer to represent you against these allegations. And you will want an experienced attorney in your corner to defend you and safeguard your rights. Don’t risk your future. Instead, get in touch with the gun charges lawyers at My Rights Law by calling (888) 702-8882 or contacting us through our secure web form now.

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What Is Carrying A Concealed Weapon?

You’ve probably heard the phrase carrying a concealed weapon too many times to count. But do you know what this California law means? It means that:

  • You’re transporting a weapon that’s capable of being hidden on your body or vehicle,
  • You’re transporting a weapon in a vehicle that you’re driving,
  • You’re transporting a weapon in a vehicle that you’re a passenger in, or
  • You have someone else transport a weapon for you.

As you can see, what matters is that the weapon (a firearm, such as a pistol or a revolver) is concealed and in transit. If you’re walking with it hidden in, say, your pockets, you’re breaking this law.[1] But you’re not breaking this law if your gun is visible, such as in a belt holster. But you may be breaking this law if you’re out motorboating with a concealed weapon. If this last bit confuses you, you should know that almost any object used for transportation (e.g., boat, canoe, motorcycle, airplane, etc.) is considered a vehicle for legal purposes. Thus, don’t think you can evade responsibility by transporting a concealed weapon in something other than a car.

Now, you might wonder what a prosecutor must prove for you to be found guilty. A prosecutor must show that:

  • You carried a concealed firearm on your person or in a vehicle, [2]
  • You knew you were carrying a concealed firearm, and
  • You hid it substantially.

You can’t avoid responsibility if you carry your gun in something other than your clothing. The meaning of your person includes anything that’s an extension of you, such as your purse, backpack, baby’s stroller, etc.[3] Moreover, it only needs to be partially hidden for a gun to be substantially concealed. Even if its imprint is visible through your clothing, it’s considered concealed for legal purposes. Typically, guns that have a 16-inch barrel are capable of being substantially concealed.[4]

Naturally, if you are licensed to carry a concealed weapon, this law doesn’t apply to you. For example, licensed firearm dealers, military, active and retired officers, and licensed hunters and fishers may carry concealed weapons.

What Are The Penalties For Carrying A Concealed Weapon?

In California, this crime is a wobbler offense. That means the state may charge you with a misdemeanor or felony if a judge or jury convicts you of this crime. If a judge or jury convicts you of this crime as a felony, then you can serve anywhere from one to three years in county jail and pay a maximum of $10,000. If you’re convicted of a misdemeanor, you may serve up to one year in county jail, pay up to a $1,000 fine, or both.[5] In some rarer occurrences, a judge may impose only probationary sentencing. A seasoned attorney can help negotiate this on your behalf.

The state will automatically charge you with a felony if you carry a concealed weapon when:

  • You’re an active gang member,
  • The state has already prohibited you from carrying a firearm,
  • The state has previously convicted you of any felony offense, or
  • You knew or should’ve reasonably known the firearm was stolen.

What Are Viable Defenses For Carrying A Concealed Weapon?

It’s ideal to talk with a seasoned, knowledgeable defense attorney to tailor defenses unique to your circumstances. However, we understand that you’d like to know which defenses your attorney might use, in general, to defend you and your rights. Therefore, we’ve included three below.

You Didn’t Carry It

Suppose you only had possession of the firearm. Under this law, possession isn’t enough for a prosecutor to charge you with this crime. Thus, if it was safely tucked away in your home as you went out for a walk, you didn’t carry it. If someone purchased the gun for you, as a gift perhaps, drove it to you, and placed it in your closet, you never carried it. Not to mention, as we said earlier, you’re permitted to carry a concealed weapon if you have a license to do so or if it’s openly visible, as in a belt holster.

You Didn’t Know

It’s very plausible that you didn’t know you had a concealed weapon on your person. For example, suppose a coworker handed you a heavy box and asked you to walk these papers down the street. The coworker told you that someone dressed in a navy suit and Superman tie would be there to retrieve it. As you’re walking, police surround you, and they find a gun in the box. In this case, you had no way of knowing what you were carrying. Because your coworker gave it to you, nothing appeared out of the ordinary that would’ve made you suspicious or think you were transporting anything other than work papers.

Your Weapon Wasn’t Concealed

This exception to this California rule might confuse you, but your attorney may argue that you lawfully stored your gun in your vehicle’s glove department or trunk. Even though you can’t carry a concealed firearm, the state permits you to take it concealed in either of these two places. Also, you’re allowed to carry a concealed firearm in your home, place of business, or any locked container.

Other defenses:

  • Mistake of fact
  • Mistake of law
  • Fourth Amendment violation

Bear in mind that it’s unlawful to carry an unloaded firearm out in the open, so—to avoid violating a separate gun law – speak with an attorney before you take your weapon in public.

Call My Rights Law’s California Gun Charges Lawyer Today

Now that you’re aware of the serious consequences of carrying a concealed weapon, you should want to be represented by seasoned criminal defense attorneys who are just as serious. We at My Rights Law are those attorneys. With years of experience litigating cases, getting cases dismissed, and negotiating to get sentences or charges reduced, you can put your trust in us. Although we cannot guarantee a specific outcome, you can rest assured that we’ll fight passionately for your best interests. Call us today for a free consultation at (888) 702-8882 or complete our secure web form.

Other gun charges crimes we defend include: Ghost Gun, Possession Of A Stolen Firearm

FOOTNOTES
[1] Refer to People v. Hale (1974) 43 Cal.App.3d 353.
[2] Refer to People v. Nelson (1960) 185 Cal. App. 2d 578 at 580-581.
[3] Refer to People v. Dunn (1976) 61 Cal.App.3d Supp. 12 at 14.
[4] Refer to CALCRIM No. 2521.
[5] Refer to California PC 25400(c)(5).