What are the factors or elements of 25400 PC Carrying a Concealed Weapon
You violate Penal Code 25400 PC, “carrying a concealed firearm,” when you commit certain acts with:
- a pistol,
- a revolver, or
- any other firearm capable of being concealed upon the person.
The prohibited acts are:
- Carrying the firearm concealed within any vehicle under your control or direction;
- Carrying the firearm concealed upon your person; OR
- Causing the firearm to be carried concealed within any vehicle in which you are an occupant.
Effective January 1, 2012, California has no “open-carry” exception for unloaded firearms. It is now illegal in California to carry an unloaded gun upon your person in a public place.
Elements of the crime of carrying a concealed weapon
There are three requirements (“elements of the crime”) under Penal Code 25400:
- You concealed a firearm on your person or in a vehicle,
- You knew about the presence of the concealed gun, and
- The firearm was substantially concealed.
Legal Consequences:
If Convicted as a Misdemeanor
Carrying a concealed weapon is generally charged as a misdemeanor. You would face:
- Up to 6 months in county jail
- A fine up to $1000
- Summary probation
Unless you have a criminal history that included violence, were uncooperative with law enforcement at the time of your arrest, or there was evidence you intended to use the weapon, you will generally serve little to no jail time.
If Convicted as a Felony
Under certain aggravating circumstances, violation of PC 25400 will always be charged as a felony. These conditions include:
- You are a convicted felon
- You had no license or permit for the weapon
- The weapon was stolen and you knew or should have known it was stolen
- You have a previous firearm conviction
- You were otherwise prohibited from possessing a weapon or firearm under Penal code 29900 for having committed or for attempting to commit a violent offense
A felony violation carries the following:
- 16 months, 2 or 3 years in county jail
- Or, probation with up to one year in county jail
- And/or a fine of up to $10,000
If you have a prior felony conviction, the court will impose a mandatory minimum jail sentence of 3 months in county jail.
You also face an increased mandatory minimum jail sentence of 3 to 6 months in jail if you were previously convicted of:
- Assault with a deadly weapon—PC 245(a)(1)
- Shooting at an inhabited dwelling—PC 246
- Brandishing a weapon—PC 417
Wobbler
Also, carrying a concealed weapon is a “wobbler” so that the DA has the discretion to charge you with either a felony or a misdemeanor provided the following circumstances are present:
- You have a prior misdemeanor conviction for a property crime or offense against a person or for a narcotics offense, OR
- The firearm is loaded or immediately capable of being loaded and,
- The firearm is not registered to you by the Department of Justice
A misdemeanor conviction carries up to one year in county jail and/or a fine up to $1000. A felony conviction is the same as indicated above.