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Carrying a concealed weapon or firearm

California Penal Code section 25400

The law that governs the crime of carrying a concealed weapon or firearm is found at California penal code section 25400.

There are several variations of carrying a concealed weapon or firearm charge in California. The difference in criminal charges depends on the particular facts surrounding the defendant's criminal case.

For example, to carry a concealed firearm within a vehicle is filed as PC 25400(a)(1), while carrying a concealed firearm by a felon is charged as PC 25400(c)(1), and so on.

Regardless of the specific carrying a concealed weapon or firearm charge that is filed against the defendant the possible jail time is usually the same.

Sentence & Penalty for PC 25400

Most carrying a concealed weapon or firearm charges are considered wobblers, which means that the district attorneys may file the charge as a misdemeanor or as a felony. Whether or not the district attorney files a misdemeanor of felony charge depends largely on the facts of the case and the defendant's criminal history.

Felony convictions of PC 25400 carry up to a three year prison sentence; misdemeanor convictions of PC 25400 carry up to a one year county jail sentence.

PC 25400 is not considered a strike offense under California's Three Strikes Sentencing Law. Probation may be available as a sentence for many defendants. 

In some cases of carrying a concealed weapon or firearm it may be possible to have the case dismissed or the crime reduced to a less severe criminal charge. These options largely depend on the facts of the case.

In addition to any jail or prison sentence, other penalties for penal code 25400 convictions include: immigration consequences (for non-U.S. citizens), possible loss of professional or occupational license, probation or parole terms, fines, loss of the right to own a firearm, enhanced penalties for future crimes, and more.

Defense to PC 25400

To be found guilty of carrying a concealed firearm or weapon, the prosecuting attorney must prove, beyond a reasonable doubt, that:

  • The defendant carried a firearm which was capable of being concealed on the defendant, and
  • The defendant knew that he or she was carrying a firearm, and
  • The defendant had the weapon or firearm substantially concealed upon his person.

A firearm can be just about any gun, rifle, shotgun, zip gun, etc. In fact, the firearm does not even have to be in working order for the crime of carrying a concealed firearm or weapon to be valid.

Common defenses that might apply to a PC 25400 case include: mistake of fact, statute of limitations, coerced confessions, intoxication, and more.

If you or a loved one is charged with the crime of carry a concealed firearm or weapon under California penal code section 25400, contact our criminal defense attorneys today for a free consultation.

Our attorneys are experienced and successful with a proven record of success. We are passionate about criminal defense and will aggressively pursue your best options. Call today


Closely Related Crimes to Carry a Concealed Firearm

  • Carrying concealed firearm by felon PC 25400(c)
  • Carry concealed firearm by gang member PC 25400(c)(3)
  • Carry concealed firearm by prohibited person PC 25400(c)(4)
  • Carry concealed firearm within vehicle PC 25400(a)(1)
  • Carry concealed stolen firearm PC 25400(c)(2)
  • Carry concealed firearm upon person PC 25400(a)(2)

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PC 25400: Carrying a Concealed Firearm

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California Concealed Firearms and Weapons Law & Defense PC 25400

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