What Does California Law Say About Carrying a Concealed Weapon?

Under 25400 PC, it is a criminal offense to carry a concealed firearm on your person or in a vehicle. This includes handguns, pistols, or any other firearm that is hidden from plain view — even if you legally own it. The law applies whether the weapon is in your waistband, a glove compartment, under a seat, or in any concealed area within your reach.

To be charged under PC 25400, the prosecution must prove:

• You carried a firearm concealed on your person or inside a vehicle,

• You knew you were in possession of the firearm, and

• The firearm was substantially concealed from public view.

California law does not require that the firearm be loaded for this charge to apply. In fact, carrying an unloaded concealed weapon without a valid concealed carry permit can still result in criminal charges. The law is particularly strict in Los Angeles County, where prosecutors often take a zero-tolerance approach.

This offense is often charged as a misdemeanor, but aggravating factors can elevate it to a felony. Felony charges may be filed if:

• You have a prior felony or firearm-related conviction,

• The firearm was stolen and you knew (or should have known) it was stolen,

• You are an active gang participant under California gang statutes, or

• You are otherwise prohibited from owning or possessing a firearm.

Even a first-time offender can face serious consequences without proper legal representation. In many cases, people are charged after traffic stops or searches, unaware that their method of transporting a firearm violated the law. A strong legal defense may focus on whether the weapon was truly concealed, whether you had the necessary intent or knowledge, or whether the stop or search violated your constitutional rights.

Impact of a Carrying a Concealed Weapon Charge in Los Angeles

Facing a charge for carrying a concealed firearm under 25400 PC can have serious consequences — even if you believed you were acting within the law. Many arrests happen during routine traffic stops, vehicle searches, or street encounters where a firearm is discovered hidden in a glove box, under a seat, or inside a personal bag.

You may have had no intention of committing a crime. Perhaps you lawfully owned the firearm but were unaware of California’s strict rules on transportation and concealment. Or maybe the weapon was left in the car by someone else. Unfortunately, law enforcement often treats any form of concealed carry without a valid permit as a criminal offense — and prosecutors may pursue the most serious version of the charge if any aggravating factors are present.

What may begin as a misunderstanding can quickly lead to:

• Jail time or formal probation

• A permanent criminal record

• A felony conviction if aggravating factors apply

• Loss of firearm rights and future gun ownership restrictions

• Challenges with employment, housing, or licensing

Even individuals with no prior record can face life-altering penalties. The legal system moves quickly once charges are filed, and your case may hinge on details like whether the firearm was truly concealed, whether you knew it was present, or whether law enforcement followed proper procedures.

If you’re accused of carrying a concealed weapon in Los Angeles, don’t wait to take action. A skilled criminal defense attorney can assess the facts, challenge the prosecution’s assumptions, and work to reduce or dismiss the charges before they escalate. Early intervention is often the key to a more favorable outcome.

Penalties for a Carrying a Concealed Weapon Conviction (25400 PC)

A conviction for carrying a concealed weapon can result in serious legal consequences — even if you legally own the firearm. Depending on the facts of the case and your prior record, this charge may be filed as either a misdemeanor, a felony, or a wobbler (which means it can be prosecuted either way).

If charged as a misdemeanor, penalties may include:

• Up to 1 year in county jail

• A fine of up to $1,000

• Misdemeanor probation, which may include community service or firearm safety classes

If the case is charged as a felony, potential penalties are more severe:

• 16 months, 2 years, or 3 years in county jail (under California’s realignment law)

• A fine of up to $10,000

• Formal felony probation

• A permanent ban on firearm possession

A felony may be charged if any of the following aggravating factors apply:

• The firearm was stolen, and you knew or reasonably should have known it

• You are not the registered owner of the firearm

• You have a prior felony conviction or firearm-related offense

• You are an active gang member, or prosecutors allege gang affiliation

• You are otherwise prohibited from possessing firearms under California or federal law (such as under PC 29800 or PC 29900)

In cases where the firearm is found loaded and you are not the registered owner, the offense may be treated as a wobbler, and prosecutors may choose to file either a misdemeanor or a felony charge depending on your history and the facts involved.

Legal Defenses to a Carrying a Concealed Weapon Charge

One of the most common defenses is lack of knowledge. The prosecution must prove that you knowingly carried the concealed firearm. If the weapon was inside a vehicle or a bag and you were unaware it was there — especially in a shared car or residence — this element may not be satisfied.

Another possible defense is unlawful search or seizure. If law enforcement found the weapon during an illegal stop, search, or detention — such as a traffic stop without probable cause — any evidence obtained may be excluded from the case. This can often lead to the dismissal of charges.

You may also have had a valid permit or qualified for an exemption. Individuals with a current concealed carry license (CCW), peace officers, certain security professionals, or people legally transporting firearms may not be in violation of 25400 PC — depending on how and where the weapon was stored.

The location of the firearm is another factor. If the weapon was inside your home or place of business that you lawfully occupy, that may not meet the legal definition of a “concealed weapon in a public place” under the statute.

Other defenses may include:

• You were transporting the firearm legally in a locked container

• The firearm was unloaded and properly stored under California law

• You only possessed the weapon momentarily and had no intent to conceal or use it

Every case is different. Whether the issue is how the firearm was discovered, where it was located, or whether you were lawfully in possession, an early and aggressive legal strategy can make the difference. Our office reviews every detail to identify legal and procedural issues that may result in dismissal, reduction, or another favorable resolution.

Arrested for Carrying a Concealed Weapon? Speak with a Los Angeles Criminal Defense Attorney Today

Facing charges under Penal Code 25400 PC for carrying a concealed weapon can lead to serious consequences — including jail time, fines, probation, and a permanent mark on your criminal record. But being charged is not the same as being convicted. Early legal action can be the difference between a conviction and a second chance.

At The Law Offices of Arash Hashemi, we understand how aggressively prosecutors pursue concealed firearm cases — especially in Los Angeles County. With over 20 years of experience defending individuals in complex weapons cases, Attorney Hashemi personally evaluates every case to determine the most effective defense. Whether you’re eligible for dismissal, a charge reduction, or an alternative resolution, we will fight for the best possible outcome.

If you’ve been arrested for carrying a concealed firearm, don’t wait until your court date to get legal advice. Let us help you understand your rights, protect your record, and start building your defense from day one.

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