Charged with Carrying a Concealed Firearm (Penal Code § 25400) in California?

California has some of the strictest gun laws in the United States, and among these are serious restrictions on carrying concealed firearms. Unlike some states with permissive “constitutional carry” laws, California heavily regulates who can carry a concealed weapon and under what circumstances.

If you’ve been charged with carrying a concealed firearm under Penal Code § 25400, understanding the law and your defense options is crucial.

At David P. Shapiro Criminal Defense Attorneys, we’ve represented numerous clients facing weapons charges in San Diego and Chula Vista. This guide explains what constitutes carrying a concealed firearm in California, the potential penalties, and how an experienced criminal defense attorney can help protect your rights.

What Constitutes Carrying a Concealed Firearm in California?

California Penal Code § 25400(a) defines carrying a concealed firearm in three ways. You violate this law when you:

1. Carry concealed within any vehicle under your control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
2. Carry concealed upon your person any pistol, revolver, or other firearm capable of being concealed upon the person.
3. Cause to be carried concealed within any vehicle in which you are an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

Importantly, PC § 25400(b) specifies that “a firearm carried openly in a belt holster is not concealed within the meaning of this section.” This means that carrying a weapon openly in an appropriate holster is not considered concealed carry under this statute (though other laws may still regulate open carry).

What Makes a Firearm “Concealed”?

A firearm is considered “concealed” if it is not readily observable by others. This includes:

• A handgun in a purse, backpack, or bag
• A firearm under a coat or in a pocket
• A gun in a closed or partially closed vehicle compartment
• A weapon hidden under a car seat or tucked between seats

The key factor is whether an ordinary person would be able to readily see and identify the firearm as a weapon without close inspection. That means that a firearm still qualifies under this statute even if it is not operational.

What Makes a Firearm “Capable of Being Concealed Upon the Person”?

California law generally considers handguns (pistols and revolvers) to be firearms capable of being concealed upon the person. This includes:

• Traditional pistols and revolvers
• Derringers and other small handguns
• Some short-barreled shotguns or rifles

Typically, standard rifles and shotguns are not considered “capable of being concealed upon the person” due to their size.

Penalties for Carrying a Concealed Firearm

The penalties for carrying a concealed firearm in California vary significantly depending on the specific circumstances. Penal Code § 25400(c) outlines several scenarios with different punishments:

Misdemeanor Penalties

In standard cases without aggravating factors (PC § 25400(c)(7)), carrying a concealed firearm is typically a misdemeanor punishable by:

• Up to one year in county jail
• A fine of up to $1,000
• Or both imprisonment and fine

Felony Penalties (Wobbler Offenses)

The offense becomes a wobbler (can be charged as either a misdemeanor or felony) in several situations:

1. You have a prior felony conviction or conviction for certain specified crimes (PC § 25400(c)(1))
2. The firearm is stolen and you knew or had reasonable cause to believe it was stolen (PC § 25400(c)(2))
3. You are an active participant in a criminal street gang (PC § 25400(c)(3))
4. You are prohibited from possessing firearms (PC § 25400(c)(4))
5. You have been convicted of certain crimes against persons or property, or drug offenses (PC § 25400(c)(5))
6. The weapon is loaded (or the ammunition is readily accessible) AND you are not the registered owner (PC § 25400(c)(6))

As a felony, the offense is punishable by:

• 16 months, 2 years, or 3 years in county jail
• A fine of up to $10,000
• Or both imprisonment and fine

Enhanced Penalties for Prior Convictions

If you have prior convictions for certain weapons offenses, PC § 25400(d) requires a minimum jail term of three months if you’re convicted of carrying a concealed firearm, even if probation is granted.

Legal Ways to Carry a Concealed Firearm in California

California is a “may issue” state for concealed carry weapons (CCW) permits, meaning local authorities have discretion in issuing permits. To legally carry a concealed firearm, you typically need:

1. A valid CCW permit issued by your county sheriff or chief of police
2. Adherence to all restrictions and conditions on the permit
3. Proper identification and permit carried whenever carrying the weapon

Without a valid CCW permit, there are very limited circumstances where carrying a concealed weapon might be legal, such as:

• At your residence or temporary residence
• At your place of business, if you are the owner (with limitations)
• When lawfully transporting an unloaded weapon in a locked container
• When you reasonably believe you’re in immediate grave danger (temporary self-defense)

Common Defense Strategies for Concealed Carry Charges

Several defense strategies may be effective when facing charges under PC § 25400:

The Weapon Wasn’t Concealed

If the weapon was visible or carried openly in a belt holster, it doesn’t violate PC § 25400. Your attorney might argue that the firearm was not actually concealed based on the specific circumstances.

You Had a Valid CCW Permit

Having a valid permit to carry a concealed weapon is a complete defense to this charge, provided you were following all permit conditions.

The Firearm Was at Your Home or Business

California law generally allows you to possess a firearm at your residence without a concealed carry permit. Your attorney might argue that the location was your residence or place of business where possession is lawful.

Fourth Amendment Violations

If the firearm was discovered during an illegal search that violated your Fourth Amendment rights, your attorney might file a motion to suppress the evidence, potentially resulting in dismissal of the charges.

You Were Legally Transporting the Firearm

California law allows transportation of firearms under certain conditions. If you were properly transporting an unloaded firearm in a locked container, this may provide a defense.

Self-Defense Exception

In rare circumstances, temporary carrying of a concealed weapon might be justified if you were in immediate grave danger and had no other reasonable alternative.

Recent Developments in California Concealed Carry Law

California’s concealed carry laws continue to evolve in response to court decisions and legislative changes. Notable recent developments include:

1. The U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen (2022), which impacts how “may issue” concealed carry permit systems operate
2. California Senate Bill 2 (2023), which revised the state’s concealed carry laws in response to the Bruen decision
3. Ongoing litigation challenging various aspects of California’s concealed carry regulations

These developments make it especially important to have counsel familiar with the latest changes in firearms law if you’re facing concealed carry charges.

Why You Need an Experienced Defense Attorney

Concealed firearm charges require specialized defense strategies because:

1. The “wobbler” nature of many violations means skilled advocacy can potentially reduce felony charges to misdemeanors
2. Fourth Amendment issues are common in weapons cases and require constitutional expertise
3. The technical aspects of what constitutes “concealed” and “capable of being concealed” create potential defenses
4. The exemptions and defenses available are nuanced and fact-specific
5. The consequences of conviction include potential felony status and loss of firearm rights

How David P. Shapiro Criminal Defense Attorneys Can Help

Our experienced San Diego defense team brings specific advantages to your concealed firearm case:

• Thorough case analysis: We examine all circumstances surrounding the alleged offense
• Search and seizure expertise: We identify and challenge Fourth Amendment violations
• Knowledge of firearm laws: We stay current on rapidly evolving gun legislation and case law
• Strategic charge reduction: We work to have charges reduced when possible
• Negotiation skills: When appropriate, we engage with prosecutors to explore alternatives to conviction

We understand that many people charged under PC § 25400 are otherwise law-abiding citizens who may have misunderstood California’s complex gun laws. Our approach focuses on protecting your rights and achieving the best possible outcome for your specific situation.

Contact a San Diego Concealed Firearm Defense Attorney Today

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.