Although the Second Amendment protects Americans’ rights to bear arms, California enforces some of the nation’s strictest gun laws, including those that severely regulate concealed firearms. In fact, carrying a firearm in a backpack, purse, or in your car in places like under your seat or in the glove compartment can qualify as concealment under California law.
San Diego Attorney for Concealed Carry Charges
If you have been pulled over, interrogated, or had your firearm confiscated, or even arrested, for a concealed firearm, you need to contact an experienced second-amendment attorney as soon as possible. Getting your firearm back after it has been confiscated can be complicated, and police are rarely keen to give you back your weapon. Having an experienced attorney on your side can increase your chances of not being charged and receiving your legal property.
The experienced defense attorneys at The Law Offices of Michael E. Cindrich are ready to begin building your defense. Attorney Michael Cindrich has decades of experience protecting people’s rights. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.
Contact Michael Cindrich right away for a free consultation at (619) 262-2500.
Overview of Concealed Carry in California
- Concealed Carry under California Law
- Duty to Inform
- Elements to a Concealed Carry Crime
- Can a Concealed Carry Crime be Reduced?
- Penalties for Improper Concealed Carry
- Common Defenses under California Law
- Additional Resources
Concealed Carry under California Law
California Penal Code Section 25400 outlines the laws governing concealed firearms. Under this statute, it is illegal to:
- Carry a concealed firearm on your person (§ 25400(a)(2)).
- Carry a concealed firearm inside a vehicle under your control or direction (§ 25400(a)(1)).
- Cause a firearm to be concealed in a vehicle in which you are an occupant (§ 25400(a)(3)).
The law specifically excludes firearms carried openly in a belt holster from the definition of “concealed”. Violations can be charged as misdemeanors or felonies, depending on aggravating factors such as prior convictions or possession of a loaded firearm by someone prohibited from owning it.
Some exemptions to the law exist for certain situations, including lawful transportation of firearms in a locked container (§ 25525) or carrying firearms within a residence or place of business (§ 25605).
The law does not allow you to carry a weapon, loaded or unloaded, into certain “sterile” areas, such as a government building, or any other private residence which specifically prohibits the carrying of a concealed or open carry firearm. Carrying a firearm while engaged in activities such as picketing is also illegal.
Duty to Inform
Unlike other states, California does not require you to immediately disclose the presence of a firearm during a traffic stop. This means that, when you are pulled over, you are not obligated (do not have a duty to inform) to tell the police officer that you have a concealed firearm. However, this comes with several caveats:
- The issuing agency for your CCW license may impose additional requirements: for example, Orange County requires all CCW license holders to disclose they have a firearm immediately after contact with a police officer.
- Police do have the right to examine a firearm that is in your vehicle if they know it is present, generally to check if the firearm is unloaded.
Elements to a Concealed Carry Crime
To convict someone of carrying a concealed firearm, the prosecution must prove the following elements beyond a reasonable doubt:
- The defendant carried a firearm capable of being concealed.
- The defendant knew the firearm was present.
- The firearm was substantially concealed.
- The defendant had control or direction over the vehicle (if applicable).
These elements are listed in California Criminal Jury Instructions (CALCRIM) No. 2521, which applies to cases where a firearm is concealed within a vehicle under the defendant’s control, and CALCRIM 2522, which addresses situations where the firearm is concealed in a vehicle occupied by the defendant.
Can a Concealed Carry Charge in California Be Reduced to a Lesser Offense?
In some cases, offenses under Penal Code Section 25400 may qualify as lesser included offenses, depending on the specific circumstances of the case. Examples include:
- Misdemeanor Offense: If a defendant is charged with a felony due to aggravating factors, the jury may instead convict them of the misdemeanor version of the offense (§ 25400(c)(7)).
- Carrying an Unregistered Firearm: A defendant may face related but less severe charges under Penal Code Section 25850 if the firearm was carried in a manner that does not meet the definition of “concealed.”
Judges are required to instruct juries on lesser included offenses when the evidence supports the possibility of a lesser charge. This ensures jurors have the option to convict the defendant of a less severe offense if the prosecution cannot prove all elements of the more serious charge.
What Are the Penalties for Each Degree of Concealed Carry in California?
Penalties for carrying a concealed firearm under California Penal Code Section 25400 depend on whether the offense is charged as a misdemeanor or felony. For a misdemeanor conviction, the defendant may face up to:
- One year in county jail and/or
- A fine of up to $1,000
When aggravating factors are present, such as a prior felony conviction or possession of a stolen firearm, the offense escalates to a felony.
Felony convictions carry harsher penalties, including up to three years in state prison and significant fines. Moreover, repeat offenders or individuals involved in gang activity may face additional sentence enhancements. Judges also have discretion to impose alternative penalties, such as probation or diversion programs, especially for first-time offenders.
In addition, a concealed carry conviction often comes with the loss of your concealed carry license. This loss can be permanent or temporary depending on your case.
What Are the Defenses to Concealed Carry Charges in California?
The Defendant Did Not Know About the Concealed Firearm
If the defendant was unaware of the firearm’s presence, they cannot be convicted of carrying a concealed weapon. For instance, if another individual secretly placed the firearm in the defendant’s vehicle or bag, this lack of knowledge can serve as a strong defense to challenge the prosecution’s claims.
The Firearm Was Not Substantially Concealed
To violate Penal Code Section 25400, the firearm must be hidden from ordinary view. If the weapon was partially visible or openly carried in compliance with legal guidelines, the concealed carry charge may not stand.
The Defendant’s Fourth Amendment Rights Were Violated
If law enforcement conducted an unlawful search or seizure, any evidence obtained, including the concealed firearm, may be suppressed. This can result in a dismissal of the charges if the search lacked a valid warrant or probable cause. If a police officer asks to search your vehicle, you are legally allowed to say no. They may still search your vehicle under certain circumstances, such as if they can openly see alcohol or drugs.
The Defendant Qualified for a Statutory Exemption
California law provides specific exemptions for carrying firearms, such as transporting an unloaded firearm in a locked container or carrying one at home or work. If the defendant’s situation falls under one of these legal exceptions, the charges may be invalid.
Additional Resources
California Penal Code Section 25400 – Concealed Firearms – This official California State Legislature page details Penal Code Section 25400, which governs the laws related to carrying concealed firearms. It includes specific legal statutes defining prohibited activities, exceptions, and applicable penalties.
Governor Newsom Issues Statement on Court Decision Upholding California’s Gun Restrictions in Certain Public Places – This resource shows Governor Gavin Newsom’s response to a Ninth Circuit ruling that upheld California’s ability to limit the public carrying of firearms. The statement discusses the decision’s implications for public safety and emphasizes the state’s ongoing commitment to maintaining strict gun regulations to protect residents.
New Firearm/Weapon Laws in San Diego – This page from the California Department of Justice lists recently passed laws related to firearms and weapons. It includes details about each bill signed into law in recent years, such as regulations on gun violence restraining orders, firearm safety certificates, and reporting requirements for lost or stolen guns.
Overview of Key California Firearms Laws – This government resource offers an overview of major California firearms laws, including eligibility to possess firearms, sales and transfer requirements, and prohibited acts. The site also provides guidance on firearm storage, restrictions on minors, and criminal prohibitions.
Regulations: Carry Concealed Weapons Licenses – This page from the California Department of Justice outlines regulations related to concealed carry weapons (CCW) licenses, including the process for applying, background checks, and instructor certifications. It explains changes implemented after the Supreme Court’s New York Rifle and Pistol Association v. Bruen decision, focusing on licensing criteria under Senate Bill 2.
Hire an Attorney for Concealed Carry Charges in San Diego County, CA
The experienced defense attorneys at The Law Offices of Michael E. Cindrich are ready to begin building your defense. Attorney Michael Cindrich has decades of experience protecting people’s rights. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.