Penal Code 25400 is the part of California law that regulates the concealment of firearms. If you have been charged with the crime of firearm concealment through Penal Code 25400, you should learn what this charge entails and seek the services of an attorney with experience with these kinds of cases immediately.
Penal Code 25400 and Firearm Concealment
Penal Code 25400 makes it a crime to conceal a gun on your person or inside a vehicle in the state of California. This law covers pistols, revolvers or any other kind of firearm. Concealment inside a vehicle is also classified as a crime whether or not the person charged owned the vehicle in question.
This law, however, does not regulate every public use of a firearm. Under this specific penal code, it is not illegal concealment to carry a gun openly in a holster on a belt. Other laws, specifically, Penal Codes 25850 and 26350, cover crimes related to the carrying of loaded or unloaded firearms in public that are not concealed.
The Possible Penalties for Concealing a Firearm
In the California legal system, violation of Penal Code 25400 is treated as a misdemeanor. It is punishable with a maximum penalty of one year in jail and a $1,000 fine. If a person has previous crimes on his or her record, the penalties could also be more severe.
Is This Law Even Constitutional?
Despite currently being on the books on California, this concealment law may soon be completely unenforceable due to court decisions currently contesting the law in the federal legal system. In fact, a recent decision in the ninth circuit court in the case of Peruta v. the County of San Diego suggests that this law may be tossed out completely as unconstitutional.
The outlook for a lot of California’s gun and gun concealment laws is in fact rather grim. As this decision is appealed to higher courts, the current slant of the US Supreme Court in favor of gun owners is likely to be applied. There may soon come a day when no Californian will be able to be prosecuted under this law.
How Our Law Firm Can Help You
Conviction for breaking this part of the California penal code can have serious consequences such as lengthy jail terms and high fines. Hiring a seasoned attorney with experience in these kinds of gun cases is extremely important.
There are a number of strategies that provide an effective defense in this kind of case. For example, a defense attorney may argue that the weapon was never concealed in the first place. Alternatively, the search by law enforcement that discovered the firearm may have been illegal and performed without probable cause.
Furthermore, the law may even be unconstitutional. If it is ruled as such, even people that have already been convicted of committing this crime may see those convictions reversed. This could mean not having to go to jail or pay a fine as well as the removal of that conviction from your criminal record.