Charged with Carrying a Concealed Firearm in California (PC 25400)? Know The Law

Many gun owners in California are surprised to find themselves facing criminal charges for carrying a concealed weapon. Despite the Second Amendment’s protection of the right to bear arms, California has implemented strict regulations on how and where firearms can be carried.

Penal Code 25400 (PC 25400) specifically criminalizes carrying concealed firearms, creating potential legal jeopardy for those who may not fully understand the law.

What Constitutes a PC 25400 Violation?

California Penal Code 25400 makes it illegal to carry a concealed firearm on your person or in your vehicle. This includes carrying a gun:

• In your waistband, covered by clothing
• Underneath a sweatshirt or jacket
• In a purse or backpack
• Hidden in your vehicle
• In any location where the weapon is not visible to others

The key element is concealment – if the firearm isn’t readily visible, you could be violating PC 25400.

Misdemeanor vs. Felony: Understanding “Wobbler” Charges

One crucial aspect of PC 25400 violations is that they’re considered “wobbler” offenses in California. This means they can be charged as either misdemeanors or felonies, depending on the circumstances and the prosecutor’s discretion.

By default, carrying a concealed firearm is typically charged as a misdemeanor. However, certain aggravating factors can elevate the charge to a felony. These include:

1. Unregistered and Loaded Firearm

The most common situation that triggers felony charges is when the concealed firearm is both:

• Not registered to the person carrying it, and
• Loaded with ammunition

2. Criminal History

PC 25400 violations can also be charged as felonies when the person:

• Has a prior felony conviction
• Has a prior conviction for certain specified misdemeanors (such as domestic violence)
• Is prohibited from owning or possessing firearms

3. Gang Participation

Active participants in criminal street gangs face felony charges for concealed carry violations.

4. Stolen Firearms

If the concealed weapon was stolen (regardless of whether the person carrying it knew it was stolen), prosecutors may file felony charges.

Potential Penalties for PC 25400 Violations

The consequences of a conviction under PC 25400 vary significantly depending on whether you’re charged with a misdemeanor or felony.

Misdemeanor Penalties

If convicted of misdemeanor carrying a concealed firearm, you could face:

• Up to one year in county jail
• Fines up to $1,000
• Probation
• Loss of firearm

Felony Penalties

For felony violations, the stakes increase dramatically:

• 16 months, 2 years, or 3 years in state prison
• Fines up to $10,000
• Formal probation
• Permanent loss of firearm rights
• Permanent criminal record affecting employment, housing, and other opportunities

Legal Defenses for PC 25400 Charges

Being charged with carrying a concealed weapon doesn’t automatically mean you’ll be convicted. An experienced criminal defense attorney can employ several strategic defenses, including:

Constitutional Challenges (Bruen Motions)

Recent Supreme Court decisions have changed the landscape of gun regulation nationwide. In New York State Rifle & Pistol Association v. Bruen (2022), the Court established a new test for evaluating the constitutionality of gun laws.

Defense attorneys across California are filing what are now called “Bruen motions” to challenge the constitutionality of concealed carry restrictions. These motions argue that PC 25400 infringes on Second Amendment rights, particularly for individuals who have no other legal way to carry firearms for self-defense.

Fourth Amendment Violations

One of the most effective defenses involves challenging the legality of the police encounter that led to discovering the firearm. Common Fourth Amendment violations include:

• Illegal traffic stops without reasonable suspicion
• Searches conducted without proper warrants
• Searches that exceeded the scope of consent
• Unlawful detentions

If an officer violated your constitutional rights in finding the concealed weapon, your attorney may file a motion to suppress the evidence, potentially resulting in dismissal of the charges.

Factual Defenses

Depending on your specific situation, various factual defenses might apply:

• The firearm wasn’t actually concealed
• You were in your residence (where concealed carry is generally legal)
• You had a valid concealed carry permit
• You were temporarily transporting the firearm in accordance with legal exceptions
• You weren’t aware the firearm was present (in cases involving vehicles with multiple occupants)

California’s Concealed Carry License Process

It’s worth noting that California does have a process for legally carrying concealed weapons through a Concealed Carry Weapon (CCW) license. However, these permits are:

• Issued at the discretion of county sheriffs or police chiefs
• Difficult to obtain in many counties
• Subject to showing “good cause” for needing to carry concealed
• Requiring background checks and firearms training

The difficulty of obtaining these permits in many California jurisdictions is one reason many gun owners find themselves unintentionally violating PC 25400.

When Charged with PC 25400: Next Steps

If you or someone you know has been charged with carrying a concealed firearm under PC 25400, taking prompt action is essential:

1. Exercise your right to remain silent – Don’t discuss your case with police without an attorney present
2. Don’t consent to additional searches – Unless presented with a valid warrant
3. Document the encounter – Write down details about the police interaction while fresh in your memory
4. Preserve evidence – Save any photos, videos, or witness information
5. Contact an experienced criminal defense attorney immediately

An attorney with specific experience handling weapons charges will evaluate whether:

• The firearm was truly concealed
• The police had legal grounds to stop, search, or arrest you
• Constitutional challenges might apply in your case
• Diversion or plea options might be available

How a Criminal Defense Attorney Can Help with PC 25400 Charges

Working with a defense attorney experienced in firearms cases provides several advantages:

Case Evaluation and Strategy

Your attorney will thoroughly analyze all aspects of your case, including:

• The circumstances of the police encounter
• Whether the prosecution can prove all elements of the charge
• If any exceptions or exemptions to PC 25400 apply to your situation
• The availability of constitutional challenges
• Potential suppression motions

Negotiation with Prosecutors

In many cases, skilled negotiation can lead to:

• Reduced charges (particularly from felony to misdemeanor)
• Diversion programs leading to dismissal
• Favorable plea agreements
• Avoidance of jail time

Court Representation

Should your case proceed to court, your attorney will:

• File appropriate motions (suppression, dismissal, constitutional challenges)
• Challenge prosecution evidence
• Present your defense effectively
• Protect your rights throughout the process

Common Misconceptions About Concealed Carry in California

Many PC 25400 charges stem from common misconceptions about California gun laws:

Misconception #1: “The Second Amendment Protects My Right to Carry”

While the Second Amendment does protect the right to bear arms, courts have consistently held that states may regulate how firearms are carried. California’s restrictions, though strict, have generally been upheld by courts (though this is evolving with recent Supreme Court decisions).

Misconception #2: “As Long as I Legally Own the Gun, I Can Carry It”

Legal ownership is separate from legal carrying. Even if you purchased your firearm legally and registered it properly, carrying it concealed without a permit remains illegal under PC 25400.

Misconception #3: “I Can Carry in My Car if It’s for Protection”

Without a concealed carry permit, carrying a firearm in your vehicle for self-protection can still violate PC 25400, unless you’re following specific transportation regulations (unloaded and locked in the trunk).

Misconception #4: “Only Criminals Get Charged with Concealed Carry”

Many PC 25400 charges involve otherwise law-abiding citizens who simply weren’t aware of or misunderstood California’s strict concealed carry laws.

Protect Your Rights and Future with The Nieves Law Firm

Being charged with carrying a concealed firearm under PC 25400 is a serious matter with potentially life-altering consequences. California’s complex gun laws and the “wobbler” nature of concealed carry charges make professional legal representation essential.

At The Nieves Law Firm, we have extensive experience defending clients against PC 25400 charges. Our attorneys understand the nuances of California weapons laws, stay current on evolving Second Amendment jurisprudence, and know how to effectively challenge illegal searches and seizures.

If you’re facing concealed carry charges, don’t risk your freedom and future. Contact our experienced criminal defense team for a comprehensive evaluation of your case and a strong defense strategy tailored to your specific situation.