CALIFORNIA CRIMINAL LAWYERS

Los Angeles Carrying a Concealed Weapon

Carrying a Concealed Weapon in California: What You Need to Know

Carrying a concealed weapon in California is against the law, an offense that is punishable by a fine or imprisonment in state prison if convicted. It is important to recognize that Penal Code 25400 PC strictly prohibits carrying a concealed weapon within any vehicle that one directs or controls, on one’s person or inside a vehicle one is occupying.

Penal Code 25400 PC and Its Elements

Penal Code 25400 PC is the statute that aims to prevent carrying a concealed weapon in California. There are three possible ways for an individual to be convicted of carrying a concealed firearm under this statute, including:

1. When one is carrying a concealed weapon within a vehicle they control or direct.
2. When an individual carries a weapon concealed on their person.
3. When one carries a weapon concealed in a vehicle in which they are an occupant.

It is crucial to keep in mind that the firearm does not need to be loaded. So, merely possessing an unloaded weapon that meets one of the three options under the statute is enough to be charged with carrying a concealed weapon in California. By being aware of the precise definition of firearm within the statute, you can guarantee that you carried a firearm large enough to satisfy the legislation’s requirements.

Requisites for a Conviction

If caught carrying a concealed weapon, you could suffer severe consequences. The prosecution must prove beyond a reasonable doubt that you embraced a concealed weapon, and the weapon was either carried (1) by hand or on the person’s body or in a bag, (2) in a vehicle, or (3) at your place of business or residential property.

What Can You Do if Charged with Carrying a Concealed Weapon?

Finding yourself in this type of situation can be overwhelming. It is recommended that you keep calm and retain an experienced criminal defense attorney to assist you in the legal process. Lawyers will explore potential defenses with you, including whether you qualified for any, such as:

1. You were not conscious of carrying the firearm.
2. The weapon was in a locked container inside your car.
3. You held a valid license for firearm possession.
4. The hidden weapon was in your place of business or residence.
5. You carried the weapon for self-defense.
6. There was police misconduct.
7. The weapon was obtained illegally due to search and seizure practices.

An attorney who is well-versed in California’s gun laws and Penal Code 25400 PC can evaluate the individual details of your case and analyze the evidence. It is required to identify if you are eligible for any of the prospective defenses to have the charges dropped, or to lower the extent of the sentence handed down by the court.

Retaining Counsel is Crucial

Seeking legal advice puts your foot forward in your case. Having charges on your record could make you inept for future job opportunities. Contact a law firm with prior experience, proven results, and knowledgeable attorneys to help you navigate the legal process. An expert attorney will evaluate your situation to assist you in preventing possible legal consequences.