Carrying a Concealed Firearm – Penal Code 25400

California Penal Code 25400 makes it a crime to carry a concealed firearm on your person or in your vehicle.  Unless you have a valid Concealed Carry Weapon (CCW) permit.  California Penal Code 25400 can be charged as either a felony or misdemeanor.  If convicted, you can face a sentence of up to 3 years in jail.  

What the Prosecution must Prove to Find You Guilty

To find you guilty of Concealed Carry of a Firearm the government must prove the following:

1.  You carried on your person or in your vehicle a firearm
2. You knew the presence of the concealed firearm
3. The gun was substantially concealed on your person or in your vehicle

We will further define the terms in the law so you get a better understanding.

What is “concealed”

The law punishes those who carried a concealed firearm.  Usually the firearm is concealed by being in a person’s pocket or purse.  In a vehicle concealed can mean in the glove box, under the seat or in the center console.  

Firearms carried openly in belt holsters are not concealed.  However, Penal Code 26350 makes it a crime in California to openly carry an exposed firearm in a public place.  

Only partial concealment of a firearm is required to hold a person liable for carrying a concealed firearm.  So covering any part of the firearm is enough to hold you criminally liable.  

The courts have upheld partial concealment convictions in cases where the firearm handle was only visible through the front pocket.  The court upheld that a firearm was concealed when a firearm handle was protruding from the front seat.  In short, complete concealment is not required, even partial will hold you liable.  

What is Firearm Under This Law

Under Penal Code 25400 the weapon concealed is either a pistol, revolver, or other firearm capable of being concealed upon the person.  This is any device in which:

• A “projectile is expelled or discharged through a barrel by force or explosion” that has a barrel less than 16 inches in length.  
• With a barrel greater than 16 inches in length if the barrel can be interchange for a shorter one.  

The firearm does not need to be in working order if it was designed to shoot and appears capable of shooting.  The government does not need to prove the weapon operable.  

What is “Substantially Concealed” on your Person or Vehicle

The courts have found that carry does not require any action by the person or in the vehicle.  With the person having the gun available for use.  

One case example found that the word “carry” to mean to bear or hold the gun concealed on the person or vehicle that when the person or vehicle moved they would also be moving the gun.  

Thus you can carry a concealed firearm on your person if the gun is:

• In your pocket or
• In your purse, backpack, or briefcase that you are holding
• In your waistband covered by your shirt
• Paperbag carried by the person

You can carry a concealed firearm in your vehicle if the gun is:

• In your glove box
• In your Center-Console
• Under your seat or passenger seat

What are the Penalties for Carry Concealed Firearm Penal Code 25400

Carry a Concealed Firearm is a Felony or Misdemeanor Offense.  Whether it is a Felony or Misdemeanor is based on certain facts of the case.  The punishment as a misdemeanor offense is up to 1 year in jail.  Punishment as a felony offense is up to 3 years in jail.  

To determine the factors that make the crime as a felony or misdemeanor the chart below might help:

Defenses

There are a number of legal defenses that you can argue to fight a Penal Code 25400 charge.  An experienced and knowledgeable criminal defense attorney can help you determine what defense works for you to fight your case.  

Defense – You Were Not Aware of the Firearm’s Presence

“Knowledge” of the firearm’s presence is required to find you criminally liable for Carry a Concealed Firearm.  For example If someone placed the firearm in your vehicle or your purse or bag without telling you and you had no knowledge of its presence.  This is a defense that you did not have knowledge of the presence of the firearm on your person or in your vehicle.  In this situation you may be found not guilty under Penal Code 25400.

Defense – You Possess a Valid Concealed Carry Weapon’s Permit

A Concealed Carry Weapon Permit (CCW) under Penal Code 26150 allows you to conceal carry a firearm.  You must prove that you have a valid permit.  This permit is typically issued to the person by the local Sheriff’s Office.  To get a permit a person must pass a background check and complete a firearm’s training course.  Remember when you have a CCW there are still places and restrictions on where you can carry your firearm. 

Defense – Gun Was in a Locked Container or Trunk

You are not guilty of Concealed Carry of a Firearm under Penal Code 25400 if:

• Firearm is in a locked trunk of the car or
• Locked container within the car and
• You were legally entitled to own or possess the firearm

To legally own or be entitled to possess the firearm means that you lawfully own the firearm which is typically registered in your name or the owner of the firearm gave you permission to possess.  

A firearm in the glove box or center console does NOT count as a locked container.  

Defense – Police Obtained Firearm by an Illegal Search and Seizure

Commonly police find firearms and charge Concealed Carry of a Firearm as a result of a traffic stop and subsequent search of the automobile.  We see a number of these cases after a Driving Under the Influence arrest where the police will search the car prior to towing it away.  While conducting an Inventory Search of the vehicle cops find a firearm under the seat or in a glove box.  

Your Fourth Amendment Right to protect you from unreasonable search and seizures still applies whether the officer searched your person or vehicle.  If the officer searches you, your vehicle, your home or business without a valid search warrant or probable cause, the police may have violated your Fourth Amendment rights.  

If the search has been found unconstitutional, that can make the weapon found in the search inadmissible to be used against you in the case.  This can cause the court or the government to dismiss your case.  

An experienced criminal defense attorney will closely evaluate your case to see if the search was constitutional or violated your rights.  An experienced criminal defense attorney will be able to file the right motions to get your case dismissed.  

What Should You Do If You’re Facing Carry Concealed Weapon Charges?

Being accused of Carry Concealed Weapon charges is a frightening position to find yourself in.  These allegations can threaten your freedom, reputation, family relationships, immigration status, career prospects, and overall quality of life.  

It is vital to contact an experienced criminal defense attorney immediately to help you defend yourself on these charges.  An attorney with extensive experience in criminal law can make all the difference.  

Here is exactly what an attorney can start doing right away to protect your rights:

• Review police reports, officer statements, witness statements, and evidence to find inconsistencies, weaknesses, or evidence of an unconstitutional search.
• Negotiate with prosecutors to reduce the charges from a Felony to a misdemeanor.  
• Identify and secure any video surveillance or cell phone evidence that may have captured pivotal moments.  
• Review police body camera videos, car videos, dispatch recordings to find out if the police violated your Fourth Amendment rights.  
• File motions with the court trying to get the evidence dismissed or request judicial diversion if eligible.  

At Kolacia Law, our firm has successfully defended good people against Carry Concealed Firearm charges.  Many of our clients were able to get the charges reduced or even get charges dismissed outright.  

So do not wait to call for help if you are being charged with Carry Concealed Firearm charges.  An attorney may very well be the only thing standing between year and time behind bars.  Reach out to Kolacia Law and get your defense started immediately.