A conviction of 25400 PC may potentially subject you to deportation if you are not a U.S. Citizen and diminish your likelihood of becoming a naturalized citizen!
How we can defend you against charges of Carrying a Concealed Weapon 25400 PC?
If you have been charged under 25400 PC for carrying a concealed weapon, there are a number of defenses available to you:
Violation of 4th Amendment for Unlawful Search and Seizure
A police officer can only search you, your home or business pursuant to a valid search warrant. The officer can also search you and these areas if you consent or if there exists probable cause. For instance police cannot randomly stop you on the street and search you though they will allege probable cause. But if you are stopped for a traffic violation and are otherwise cooperative by producing your identification and license, the officer cannot search your car unless you give your consent or there is a valid reason to search that amounts to probable cause. Probable cause is defined as facts or evidence that would lead a reasonable person to believe you had committed a crime.
If you are validly arrested, the officers may search your person and the immediate area for weapons but this does not allow them to go to your home and car to search it absent a search warrant.
Even if a valid search warrant is issued, the officers can only search in those areas specifically designated. If a weapon is found under circumstances that violated your right to be secure from illegal or unreasonable searches and seizure under the 4th Amendment to the US Constitution, it is not admissible in court.
Lack of Knowledge
You may only be convicted if the DA proves you knew the weapon was in your possession. If someone gave you a package or box and you were unaware of its contents or you picked up the wrong luggage or package that contained a weapon, then this element is absent.
The Weapon was in a Locked Container or in Your Car Trunk
If the weapon was securely locked in a container or was found in your vehicle trunk, you are not in violation of California Penal Code 25400. If it is in your locked glove box, it has to be in a separate locked container. You must of course have been in lawful possession of the firearm as well.
Possession of a Permit or License to Carry a Concealed Weapon
Under PC 26150, having a permit or license to carry a concealed weapon does not generally expose you to violations under this law so long as you possess and produce your valid license. But a business or property owner may legally deny you entry if you are carrying a weapon despite having a license to do so. Your failure to leave may constitute trespassing or even other offenses.
Possession in Your Home or Business
You are allowed to possess and conceal weapons at your residence or business provided you own it, and you are otherwise permitted to own or possess the weapons or firearms. You may not keep it in your vehicle unless you are cab driver.
The Firearm was carried in Self-Defense
To avail yourself of self-defense, you must demonstrate that specific threats were made against you that placed you in grave danger and that a restraining order was issued against the threatening person. And despite the protective order, you felt it was necessary for your safety and life that you carry a weapon on yourself or in your vehicle.
Police do break the law to justify arresting someone whom they suspect with little evidence is committing or about to commit a crime or because they feel the defendant was guilty of something. There are many examples of police planting evidence such as weapons in a car or who claim that a weapon was found on the defendant. In other cases, police coerce confessions from an individual either from a physical beating or by emotionally wearing down the defendant to where any statement put in front of them will be signed.
You are Exempt from the Law
Certain individuals are exempt from the general prohibition against carrying a concealed weapon:
- Licensed hunters carrying weapons for the purpose of hunting
- Licensed firearms dealers
- Members of a shooting club on club premises
- Peace officers
- Bank guards
- Federal agents
- Security officers
- Military personnel
This right is not unconditional. For example, if you are a bank guard or security officer, you cannot carry a concealed weapon during non-working hours.
We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.
The 100 Trial Lawyers Association has recognized us as one of the best criminal defense attorneys in the country!
Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.
Don’t bargain with your freedom! The right attorney makes all the difference between your freedom and incarceration!