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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.