California has some of the toughest gun laws in the country. When you are arrested for violating a California gun law you can face serious criminal consequences.
San Diego prosecutors have been especially tough on individuals who carry a concealed firearm without a license or lawful purpose in the state.
If you have been arrested for carrying a concealed weapon the potential negative consequences of a conviction for a gun-related crime are serious and can stay with you for life.
Understanding Concealed Carry Laws in California
Concealed carry laws in California are shaped by both federal law and state regulations. To legally carry a concealed firearm in public, individuals must obtain a concealed carry permit (CCW). California operates as a “may-issue” state, meaning that local law enforcement agencies have the discretion to issue or deny CCW licenses based on their assessment of the applicant’s needs and qualifications. However, the landscape of CCW licensing in California has evolved following the 2022 US Supreme Court decision in New York State Rifle & Pistol Association v. Bruen. This landmark ruling has made it easier for law-abiding citizens to obtain a CCW permit, as it challenges the stringent requirements previously imposed by local law enforcement agencies.
Eligibility and Qualifications for a Concealed Carry Permit
To qualify for a concealed carry permit in California, applicants must meet several criteria. Firstly, they must be at least 21 years old and a resident of the state, holding a valid driver’s license. Additionally, they must not be prohibited from possessing a firearm under federal or state law. An essential part of the application process is completing an approved firearms training class, which ensures that applicants are knowledgeable and proficient in handling firearms. Demonstrating good moral character is also a requirement, and local law enforcement agencies may consider the applicant’s specific reasons for needing a CCW permit. These factors collectively determine an individual’s eligibility to carry a concealed firearm legally.
The Application Process for a Concealed Carry Permit
Applying for a concealed carry permit in California involves several detailed steps. Initially, applicants must complete an approved firearms training class and obtain a certificate of completion. Following this, they must submit a comprehensive application to their local law enforcement agency. This application process typically includes providing fingerprints, undergoing a thorough background check, and submitting various supporting documents. The local law enforcement agency will then review the application and conduct an investigation to assess the applicant’s eligibility for a CCW permit. If the application is approved, the individual will be issued a CCW license, which is generally valid for two years, allowing them to carry a concealed firearm legally.
Concealed Carry Laws in California
It is not always a crime to carry a concealed weapon in California. A valid permit is essential for ordinary citizens to legally carry firearms in public. The San Diego County Sheriff’s Department, in some instances, issues concealed carry permits to California residents. However, you can only get a concealed carry permit in California if you can show “good cause” for needing one.
That means you must show a reason beyond a general concern for personal safety to establish a good cause. If you do not have a concealed carry permit you are generally prohibited from carrying a concealed firearm in San Diego.
Carrying Concealed Weapons Permit Laws
California Penal Code 25400 PC (formerly 12025 PC) makes it a crime to carry a concealed firearm in certain situations. Obtaining a concealed weapons permit requires meeting specific legal stipulations outlined by state law. You should note that carrying a concealed weapon applies not just to your person. You are prohibited from carrying a weapon that is capable of being concealed when you knowingly:
- Carry a concealed firearm in any vehicle under your control or direction;
- Carry a concealed firearm on your person; or
- Cause a firearm to be carried concealed in a vehicle in which you are an occupant.
Elements of Carrying a Concealed Weapon
In its most basic terms, this law makes it a crime to physically carry a concealed firearm on your body or in a vehicle. When prosecutors charge you with carrying a concealed weapon they must prove each and every element of the crime to successfully convict you. If the prosecution is unable to prove each element of the offense beyond a reasonable doubt they cannot convict you of the crime. The prosecutor handling your case will be required to prove:
- You carried a firearm that was capable of being concealed;
- The firearm was on your person, in your physical belongings (e.g., purse, bag, pocket), or in a vehicle you owned or occupied; and
- The firearm was substantially concealed from view.
Firearms capable of Being Concealed
Do all weapons or firearms trigger criminal liability under California Penal Code 25400 PC? No. You only commit the crime of carrying a concealed weapon if you carry a “firearm capable of being concealed on the person.” A firearm capable of being concealed on the person is defined as (1) any device designed to be used as a weapon, (2) from which a projectile is expelled by combustion or force of explosion, and (3) with a barrel less than 16 inches long. A firearm with an interchangeable barrel may also be included in this definition.
Firearms that generally fit this description include pistols, handguns, revolvers, rifles, shotguns, rockets, and tasers. Weapons with fixed, extended barrels exceeding 16 inches are not considered to be firearms capable of being concealed on the person. Weapons such as BB guns, air rifles, and pellet guns, which rely on air pressure, are also generally excluded from the scope of prohibited firearms.
Substantially Concealed
How do you know if the firearm you are carrying is concealed for the purposes of this law? California courts have held that a firearm does not have to be entirely out of view or hidden to be considered “concealed” for the purposes of the concealed carry laws. Weapons that are substantially concealed – where most of the weapon is out of view – are considered to be concealed. However, firearms that are held in belt holsters are not considered to be concealed for the purposes of this law.
Concealed Carry in a Vehicle
It is a crime to conceal a firearm or cause a firearm to be concealed in a vehicle that you own or that you occupy. How, then, can you transport a firearm that you legally own without violating the law? Firearms can be transported in a vehicle if they are kept in locked containers that are out of reach. Locked containers can include the vehicle’s trunk, but do not include the glove compartment.
Penalties for Carrying a Concealed Firearm in California
Carrying a concealed weapon is a crime that can be charged as either a misdemeanor or a felony offense. CCW applicants must navigate a complex legal framework to secure a permit, and failure to do so can result in severe penalties. The severity of the charge you face will depend on the facts and circumstances of your specific case. Most first-time criminal offenders will be charged with a misdemeanor offense. If you are convicted of a misdemeanor charge for carrying a concealed weapon you could face one year in jail, a fine of no more than $1,000, and a term of summary probation. Your right to buy, own, or possess a gun in the future is generally not disrupted for a conviction of this misdemeanor offense. You will generally face felony charges for carrying a concealed weapon if (1) you have a prior felony conviction, (2) the firearm in question is stolen and you knew or should have known that it was stolen, (3) you are prohibited from having or owning a gun, or (4) you are in a criminal gang. If you are convicted of a felony charge for carrying a concealed weapon you could face as many as 3 years in prison and be required to pay as much as $10,000 in fines. A conviction for a felony charge of carrying a concealed firearm will generally result in the loss of the right to own or possess a firearm in California. Some violations of California’s concealed carry laws carry mandatory minimum sentences. This means that if you are convicted of the crime you will be required to serve at least some time behind bars. You will be required to serve a mandatory term of imprisonment if you are convicted of any violation of Penal Code 25400 PC and you have a prior conviction for:
- A felony or firearm-related offense (mandatory minimum sentence of 3 months);
- Assault with a deadly weapon (mandatory minimum sentence of 3-6 months);
- Shooting at an uninhabited dwelling or car (mandatory minimum sentence of 3-6 months); or
- Brandishing a weapon (mandatory minimum sentence of 3-6 months).
Consequences of Carrying a Concealed Weapon Without a Permit
Carrying a concealed weapon without a permit in California can lead to severe legal consequences. Under California law, this offense is classified as a misdemeanor, which can result in up to one year in jail and a fine of up to $1,000. Beyond these immediate penalties, individuals convicted of carrying a concealed firearm without a permit may face additional restrictions, such as being prohibited from possessing a firearm for a certain period. Understanding and adhering to California’s concealed carry laws is crucial to avoid these significant penalties and ensure compliance with state regulations.
Defenses to Carrying Concealed Weapon Charges in California: Approved Firearms Training Class
Just because you are arrested for a crime does not mean that you will be charged or convicted. An active or honorably retired law enforcement agent may be exempt from certain training requirements. You have the right to defend yourself against any criminal charges you face. When you are arrested for carrying a concealed weapon in San Diego it is important to seek the assistance of an experienced criminal defense attorney. This will increase your chances of getting the charges against you reduced or dismissed. Your attorney’s job is to make it as difficult as possible for the prosecution to build a case against you. Your San Diego carrying a concealed weapon lawyer will introduce any evidence that supports your lack of guilt and/or contradicts the prosecution’s case.
Defenses to carrying a concealed weapon in California can include:
- Lawful possession pursuant to a concealed carry license;
- The weapon was not actually or substantially concealed;
- Lack of required knowledge;
- The weapon was concealed in your home or place of business that you own;
- Weapon discovered because of an illegal or unlawful search and seizure;
- Weapon discovered because of an illegal or unlawful arrest; or
- Self-defense.
Self-defense is generally not an excuse for carrying a concealed weapon. However, if you can prove that you believed you were in grave and immediate danger because of specific threats, and that these threats warranted a restraining order to be issued, you may be able to successfully use this argument. An experienced San Diego concealed carry lawyer will review the facts and circumstances of your case to determine which defenses may be appropriate.
Q&A
What are the qualifications for obtaining a CCW license in California?
To qualify for a concealed carry permit (CCW license) in California, applicants must be at least 21 years old, a resident of the state, and hold a valid driver’s license. They must also complete an approved firearms training class and demonstrate good moral character. Additionally, applicants cannot be prohibited from owning a firearm under state or federal law, and they must provide specific reasons for needing a concealed carry license beyond general personal safety concerns.
What are the penalties for carrying a concealed weapon without a permit in California?
Carrying a concealed weapon without a permit in California is typically charged as a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. However, certain aggravating factors, such as a prior felony conviction or possession of a stolen firearm, can elevate the charge to a felony. A felony conviction may result in up to three years in prison, fines up to $10,000, and a permanent loss of firearm ownership rights.
How can someone legally transport a firearm in California without violating concealed carry laws?
To legally transport a firearm in California without violating concealed carry laws, the firearm must be stored in a locked container or the trunk of the vehicle, separate from ammunition. The glove compartment is not considered a lawful storage option. This ensures compliance with state laws while avoiding charges for carrying a concealed weapon.
What defenses are available against charges of carrying a concealed weapon in California?
Defenses against charges of carrying a concealed weapon include: lawful possession through a valid concealed carry license, lack of knowledge that the weapon was concealed, the weapon being stored in a lawful location (e.g., home or owned business), or evidence obtained through an unlawful search or arrest. An experienced attorney can evaluate the case to determine the most appropriate defense strategy.
How has the 2022 Supreme Court ruling impacted concealed carry laws in California?
The 2022 U.S. Supreme Court decision in New York State Rifle & Pistol Association v. Bruen has made it easier for law-abiding citizens to obtain a CCW license in California. The ruling challenges the previously stringent “good cause” requirements imposed by local law enforcement, potentially leading to more consistent issuance of concealed carry permits throughout the state. However, applicants must still meet California’s specific qualifications and legal stipulations.
