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Los Angeles Carrying a Concealed Weapon Lawyer

June 22, 2016 Personal Injury

Los Angeles Carrying a Concealed Weapon Lawyer

The act of carrying a concealed weapon means a person is armed but the weapon is hidden from view, either on the person’s body or inside their vehicle. The issue of whether or not it is legal to carry a concealed weapon varies from state to state, and also varies in different localities within a state.

California is a state that has some of the most restrictive gun laws in the nation, and Los Angeles, as a major urban area, is also very restricted as to its gun permits. California is referred to as a “may issue” state for concealed weapon permits. Though some rural areas in California allow (“shall issue”) concealed weapon permits, most of the urban areas, including Los Angeles, are “no issue” areas, and so carrying a concealed weapon is illegal. The state also does not allow people with concealed weapon permits from other states to carry concealed weapons within California, and non-residents of California will not be issued a concealed weapon permit.

A recent ruling by a federal appeals court also tightened restrictions on permits to carry concealed weapons. The U.S. 9th Circuit Court of Appeals ruled in June of 2016 that counties within California may restrict the issuance of permits for carrying concealed weapons. It’s clear that the rules on carrying concealed weapons are becoming more strict in California and thus in Los Angeles. So who is allowed to carry a concealed weapon in Los Angeles?

Permits For Concealed Weapons in Los Angeles

The Los Angeles County Sheriff’s Department has a strict policy on the licensing of concealed weapons within the city. The rules make it clear that no one in Los Angeles can be issued a permit simply for their “personal convenience.” It is also clear from the Sheriff’s Department rules that no type of job in particular makes a person eligible for obtaining a concealed weapon permit in Los Angeles. Applicants who wish to have a permit must state their case and have their application reviewed individually before a decision is made.

Who Can Apply For a Permit?

There are four categories for Conceal Carry Weapon permits in Los Angeles County. These include: Employment, Standard, Judges and Reserve Police Officers.

The Employment CCW license is only issued for a 90 day period and is issued to people who spend most of their time at their place of business within the county which gives out the permit.

The Standard CCW license is given out for a two year period for residents of the area issuing the permit.

The Judge CCW permit is given to California judges, commissioners working on a full-time basis, and to federal judges and magistrates of the federal courts.

The other type of permit is issued to Reserve Police Officers.

Any applicant for a permit must undergo training in the use of firearms in order for their application to be considered. Along with training, the applicant must also prove their good character, good cause for needing a CCW permit, and their residence within the county.

All of these elements will be considered before a person can be allowed to carry a concealed weapon in Los Angeles. These strict laws have been enacted in order to protect the people of Los Angles, and anyone who fails to abide by these rules will have to answer for their actions in a court of law.

Many individuals are surprised to learn that California also possesses legislation that prohibits the carrying of a concealed weapon. While this may sound strange at first, it is a viable statute that must be taken seriously in order to avoid potential conflicts with the law that could remain on one’s permanent record for many years. If you have recently been convicted with a charge related to carrying a concealed weapon, it is wise to retain counsel to address what your potential options are and whether you have a potential for relief from the charges all together. That being said, here are some of the requisites that must be satisfied for an individual to be convicted of carrying a concealed weapon in California:

The statute relating to carrying a concealed weapon in California is also known as Penal Code 25400 PC. Within the statute, there are three potential options for being convicted of carrying a concealed weapon. An individual is deemed to be carrying a concealed firearm when: (1) They carry the firearm concealed within any vehicle that they control or direct. (2) They carry the firearm concealed on their person. (3) They carry the firearm concealed in a vehicle in which the individual is an occupant.

What is important about Penal Code 25400 PC is that there is no requirement that the firearm be loaded. This distinctly means that merely having a weapon that is unloaded and that satisfies one of the three options within the statute is sufficient to be charge with carrying a concealed weapon in California. Furthermore, it is important to understand the exact definition of firearm within the statute in order to ensure that you were in fact carrying a firearm sufficient to satisfy the requirements as laid out by the statute.

In order to assess possible defenses to your carrying a concealed firearm charge, it is wise to meet with informed counsel to help you see if you qualify for any pertinent defenses to the charge. Our firm would be elated to assist you in exploring potential defenses such as: you did not know you were carrying the firearm, the firearm was in a locked container in your vehicle, you possessed a valid license to have possession of the firearm, the concealed weapon was at your business or residence, you were carrying the weapon the purpose of self defense, there was potential police misconduct or the weapon was confiscated due to an illegal search and seizure.

Experienced counsel will be able to assess the individual facts of your case and ascertain whether you are eligible for any of these potential defenses. By doing so, an attorney could potentially find a way to have the charges dropped or to lessen the nature of the sentence imposed. Thus, consider speaking with a law firm in order to put your best foot forward in your case so that there are no unnecessary charges on your record that could cause you to be ineligible for future employment opportunities in the future. Our law firm would be elated to assist you in your upcoming case.

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