Criminal Defense Attorneys        909-913-3138

      24hrs - 7days  Free Consultations   DUI Crimes              Se Habla Español
 
 

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

909.913.138

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)

Criminal Defense Attorneys

909.913.3138

PC 25400: Carrying a Concealed Firearm

Free Consultations 24hrs / 7days

Se habla espanol / Abogados de defensa criminal 

PC 25400: Carrying a Concealed Firearm

  • Accessory
  • Arson
  • Assault
  • Battery
  • Burglary
  • Concealed Firearm
  • Criminal Threats
  • Domestic Violence
  • Drunk in Public
  • DUI
  • DUI w/injury
  • Elder Theft
  • Evading
  • Forgery
  • Hit and Run
  • Identity Theft
  • Kidnapping
  • Lewd Acts
  • Manslaughter
  • Murder
  • Perjury
  • Rape
  • Robbery
  • Shoplifting
  • Stalking
  • Vandalism
  • Vehicle Theft
  • Welfare Fraud

Criminal Defense Attorneys

San Bernardino County

Rancho Cucamonga, Ontario, Chino, Upland, Fontana, Rialto, Colton, Redlands, San Bernardino, Yucaipa, Victorville, Wrightwood, Running Springs, Alta Loma

Riverside County

Riverside, Eastvale, Corona, Palm Springs, Banning, Beaumont, Norco, Moreno Valley, Jurupa Valley

Los Angeles County

Los Angeles, Pomona, San Dimas, West Covina

 


California Concealed Firearms and Weapons Law & Defense PC 25400

Criminal Defense Attorney

 
 
 
 
 
 

Law Office of Christopher Dorado 1030 Nevada Street. Suite 105 Redlands, CA. 92374