CALIFORNIA CRIMINAL LAWYERS

Los Angeles Open Carry Laws

Carrying Firearms in Public: Understanding California’s Gun Laws

Carrying firearms in public can be a complex issue, particularly in California where gun laws are particularly strict. While permit-holders may legally carry firearms in certain circumstances, those without relevant permits may face significant legal consequences if caught carrying a weapon in public.

Permits for Carrying Firearms in Public

Under California’s Penal Code 26150 and 26155, carrying an unloaded firearm in public is permitted only if the individual has a permit to do so. Possession of a valid California firearm permit is one of the legal defenses for those charged with carrying an unloaded handgun in public.

Transporting Unloaded Firearms

While carrying firearms in public is generally unlawful without a permit, there are situations in which an unloaded firearm may be transported legally. For instance, an unloaded firearm can be transported in a locked container or the trunk of a car, provided the individual is carrying the firearm for a lawful purpose.

Legal Defenses and Exceptions

There are a few legal defenses for those charged with carrying an unloaded firearm in public, including possession of a valid California firearm permit, carrying a firearm for a lawful purpose or activity exempted under Penal Code 2350, carrying a firearm that is too large for concealment, an illegal search and seizure during which the firearm was discovered, police misconduct during the arrest, or an illegal traffic stop during which the firearm was discovered.

California’s ‘Open Carry’ Law

Before 2012, it was legal to carry an unloaded handgun in public under the ‘open carry’ law only if the gun was visible and not carried in areas where firearms were prohibited. However, the ‘open carry’ law was repealed on January 1, 2012, and carrying an unloaded handgun in public is now considered a misdemeanor offense.

Consequences of Unlawful Actions

Carrying an unloaded handgun in public in violation of California law can result in severe penalties, including a fine of up to $1000 or up to one year of confinement in a county jail. This charge may also evolve into a felony charge under circumstances such as previous felony or firearm offense convictions, possession of a stolen weapon, or being a member of a criminal street gang.

Technicalities in California’s Gun Laws

California’s gun laws can be somewhat confusing, with many technicalities and terms that can be difficult to understand or prove in a court of law. For example, even removing a firearm from the trunk of a car in a friend’s driveway may technically be considered a violation, as the driveway has access to a public street. As such, consulting a Los Angeles criminal attorney is advisable if one is arrested for illegally carrying a firearm in public, in order to receive guidance and prepare a strong defense.

Conclusion

In conclusion, carrying firearms in public is a serious matter in California, and those caught breaking the law can face significant legal consequences. Those wishing to transport firearms or carry firearms in public should ensure that they are doing so in a lawful manner, and should consult an attorney if they have any questions or doubts about the legality of their actions under California’s complex gun laws.