The Penalties for Carrying a Concealed Weapon in California (PC 25400)
In California, there is a ban against concealed weapons. That means that to legally carry a concealed weapon, you must get the proper permits through the Sheriff’s department. Failure to get the proper permits could lead to criminal charges under California Penal Code 25400. You must comply with all the requirements in order to get a concealed carry permit and comply with the terms of the permit given to you by the Sheriff’s department to ensure you are not violating California’s concealed carry laws.
What the Prosecution Must Prove for You to be Found Guilty
For a person to be convicted of a crime, the prosecution must prove you are guilty beyond a reasonable doubt. So, it is on the prosecution to prove that you were in violation of the concealed carry laws. If you’ve been charged with carrying a concealed weapon without a permit, the District Attorney (DA) must prove three important things:
- Possession of the Weapon – First, law enforcement must prove that you, yourself, concealed the weapon either on your person or in the vehicle.
- Awareness of the Firearm – Additionally, the DA would have to show that you knew about the presence of this concealed firearm.
- Concealing the Weapon – Lastly, law enforcement must prove that the firearm was actually concealed.
Carrying a Concealed Weapon Penalties in California
Due to the serious nature of firearms, most firearm offenses carry severe penalties. In fact, California has the largest number of firearm-related laws in the United States. Carrying a concealed weapon in California is considered a wobbler. This means that the offense can be charged either as a misdemeanor or a felony depending on the circumstances of the case.
Specifically, the District Attorney will look at the aggravating factors of the case when determining whether to charge the case as a felony or a misdemeanor. If there are aggravating factors, the crime can be charged as a felony. Some examples of aggravating factors include:
- How the Weapon was Used
- Prior Convictions or Charges
- Are You Prohibited from Possessing of a Firearm?
- Was the Gun Loaded?
If the crime is charged as a misdemeanor, you can face up to one year in jail and/or up to $1,000 in fines. If it’s charged as a felony, then you can face up to three years in jail and face fines of up to $10,000.
If you were to be found guilty of a felony, you may face additional consequences that can negatively impact your ability to have a firearm in the future. If you are concerned with immigration issues, these charges can raise problems related to whether you can get relief under certain immigration situations. Consequently, this could make it more likely for you to be deported or bring up other immigration issues.
Contact The Nieves Law Firm Today
If you are facing criminal charges related to illegally carrying a concealed weapon in the Bay Area, The Nieves Law Firm may be able to help. Contact the Bay Area concealed weapon lawyers on our team today to schedule a free consultation and see how we can assist you with your concealed weapon charges.
Author Bio
Stephani Prieto is an attorney at The Nieves Law Firm, having joined the firm as an attorney in September of 2021. Sephani is bilingual and represents clients who speak both Spanish and English. She has experience working in a number of deferent public defender offices throughout California and other states, experience that she utilizes to better serve her clients. Stephani represents clients facing criminal charges involving assault/battery, domestic violence, DUIs, and firearms, as well as those with post-conviction relief or restraining order needs.
Stephani received her law degree from the University of San Francisco School of Law with a certificate in Public Interest and is a member of the State Bar of California. As a Bay Area native, Stephani has a strong connection with the local community and her fellow Bay Area residents. She uses that connection to build a deeper understanding of her clients and create a legal plan tailored to their goals.
