What Is Penal Code § 25400 PC – Carrying a Concealed Firearm?

California Penal Code 25400 PC (sometimes referred to as PC 25400 or simply Penal Code 25400) makes it a crime to carry a concealed firearm on your person or inside a vehicle without a valid concealed carry permit. This statute applies to handguns, pistols, revolvers, and other firearms capable of being concealed.

Under Section 25400(a)(1) PC, it is illegal to:

“Carry concealed within any vehicle under your control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.”

To be convicted, the prosecution must prove:

• You knowingly carried a firearm;

• The firearm was substantially concealed from public view;

• The firearm was either on your person or in a vehicle;

• You did not have a valid California CCW permit at the time.

Importantly, the firearm does not need to be loaded, and you do not have to use it or threaten anyone to face charges. Simply having it concealed is enough to trigger prosecution under 25400 PC.

Common Scenarios That Lead to 25400 PC Charges

• Having a handgun tucked in your waistband or inside a jacket pocket

• Transporting a firearm in a car without proper locking or storage

• Borrowing a vehicle that contains a concealed firearm — with knowledge of its presence

• Carrying a concealed weapon in public while lacking a CCW license

• Having a firearm as a prohibited person (such as someone with a prior felony conviction)

Is 25400(a)(1) PC a Misdemeanor or Felony?

Violations of 25400(a)(1) PC — carrying a concealed weapon in a vehicle — can be charged as either a misdemeanor or felony, depending on the circumstances. This type of charge is known as a wobbler in California law, meaning the prosecution can choose how to file the case based on the facts and the defendant’s background.

When Is It Charged as a Felony?

Carrying a concealed firearm under Penal Code 25400(a)(1) is typically charged as a misdemeanor unless one or more aggravating factors are present. The charge can be elevated to a felony if:

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

• The firearm was stolen, and you knew or had reason to know it was stolen

• You are prohibited from possessing a firearm (e.g., due to a restraining order or prior domestic violence)

• You are an active gang member or the offense was committed for the benefit of a gang (triggering a gang enhancement under Penal Code 186.22)

• The firearm was loaded and accessible in a public place

Felony Penalties

A felony conviction under PC 25400 is punishable under California Penal Code § 1170(h) and may include:

• 16 months, 2 years, or 3 years in county jail

• Fines up to $10,000

• Formal probation and mandatory search conditions

• A lifetime ban on owning or possessing firearms

Even as a misdemeanor, the penalties can be harsh — including up to a year in county jail, fines, and a 10-year firearm ban. That’s why it’s critical to speak with a knowledgeable Los Angeles criminal defense attorney as early as possible. With the right strategy, a potential felony may be reduced — or avoided altogether.

Penalties for Carrying a Concealed Weapon in California

Misdemeanor-Level Consequences

• Up to 1 year in county jail

• Fines up to $1,000

• Informal probation

• 10-year firearm ban under PC § 29805

• Forfeiture of the firearm

Long-Term Consequences of Any Conviction

Whether charged as a misdemeanor or felony, a conviction under PC 25400 can result in:

• A permanent criminal record, visible on background checks

• Difficulty finding or keeping employment

• Problems with professional licenses

• Immigration issues, including possible removal for non-citizens

• Loss of gun rights under both California and federal law

Fighting Carrying a Concealed Firearm Charges

You didn’t know the firearm was present
One of the required elements under PC 25400 is knowledge — meaning you knowingly carried or had control over the concealed weapon. If, for example, you borrowed a friend’s car and were unaware that a firearm was stored inside, this may be a complete defense.

You had a valid concealed carry permit (CCW)
If you possessed a valid California concealed carry permit at the time of the arrest — and the firearm was carried in accordance with the permit’s conditions — your attorney can present documentation showing the arrest was a mistake.

The weapon was legally transported, not concealed
California law allows for the legal transportation of unloaded firearms in locked containers. If the gun was being lawfully transported in a trunk or a locked case, and not concealed for unlawful use, you may have been within your legal rights.

The firearm was found during an illegal search
If law enforcement officers violated your Fourth Amendment rights during the stop, search, or arrest — such as by pulling you over without probable cause or conducting a warrantless search without justification — the firearm evidence may be suppressed in court. This can lead to the entire case being thrown out.

The firearm was located in your home or business
You are legally permitted to keep a concealed firearm at your place of residence or business (with some restrictions). If the weapon was found in a lawful location, this may provide a defense against prosecution.

Self-defense or necessity
While more limited, a defense based on necessity or immediate threat may apply if you can show that you carried the firearm due to a serious and imminent danger — such as protecting yourself from a credible threat of harm.

Exceptions to California’s Concealed Carry Law

Not everyone found with a concealed firearm is automatically guilty under Penal Code 25400. California law provides several exceptions that allow individuals to legally carry or transport firearms under certain conditions.

Concealed Weapon Exemptions May Include:

• Valid CCW Permit Holders
  If you have a valid Concealed Carry Weapon (CCW) permit issued by a California sheriff or police chief, you are legally permitted to carry a concealed firearm — so long as you’re in compliance with the permit’s terms.

• Firearm Kept in a Home or Business
  The law generally allows gun owners to keep a concealed weapon at their residence or place of business. If the firearm was discovered in one of these locations, this may be a valid exemption to 25400 PC.

• Legal Transport of a Firearm
  California allows the legal transport of unloaded firearms in a locked container (not the glovebox) when traveling between lawful destinations (like a shooting range or gun shop). If you followed these rules, the weapon may not be considered “concealed” under the statute.

• Professionally Authorized Individuals
  Peace officers, military personnel, licensed private security, and certain firearms dealers may qualify for exemptions depending on their role and the context of the arrest.

A knowledgeable defense attorney will review every detail of your situation to determine whether an exception applies — and if so, push for a full dismissal of charges.

Can a 25400 PC Conviction Be Expunged?

If you’ve already been convicted under Penal Code 25400 — especially for a misdemeanor — there may still be options to clean up your criminal record.

Under Penal Code § 1203.4, individuals who successfully complete probation may be eligible to petition the court for expungement. If granted, the conviction is dismissed and replaced with a not-guilty plea, which can help reduce the impact of the charge on employment, housing, and background checks.

Who Qualifies for Expungement?

• You completed all terms of probation (including any classes, community service, or restitution)

• You are not currently facing new charges or on probation for another offense

• The conviction did not result in state prison time (county jail sentences may still qualify)

Expungement does not reinstate firearm rights or erase immigration consequences, but it can be a powerful step toward rebuilding your record and moving forward.

Our office routinely helps clients with post-conviction relief — including expungements — and can advise you on whether you’re eligible under California law.

Protecting Your Gun Rights After a 25400 PC Charge

One of the most serious consequences of a 25400 PC conviction is the loss of your Second Amendment rights. Even if you don’t serve time in jail, your ability to own or possess a firearm in the future could be at risk.

How Gun Rights Are Affected:

• Misdemeanor Conviction:
  You may face a 10-year ban on firearm ownership under California law — particularly if the offense involved a loaded firearm or aggravating circumstances.

• Felony Conviction:
  A felony under 25400 PC results in a lifetime ban on owning or possessing firearms, under both state and federal law.

These bans can apply even to non-violent, first-time offenders — which is why it’s critical to take any gun charge seriously from the start.

Get Help from a Los Angeles Criminal Defense Attorney for PC 25400 Charges

If you are facing charges under California Penal Code 25400 for carrying a concealed weapon, the legal and personal consequences can be severe. A conviction may lead to jail time, probation, steep fines, and the loss of your firearm rights — potentially for life. Prosecutors in Los Angeles aggressively pursue gun-related offenses, even when the weapon was never displayed or used.

At The Law Offices of Arash Hashemi, we work aggressively to challenge unlawful arrests, push for charge reductions, and seek dismissals or alternative sentencing where appropriate. In many cases, the difference between a misdemeanor and a felony comes down to legal strategy — and that can mean the difference between a temporary restriction and a lifetime ban.

Every case is unique. Whether you were stopped without probable cause, transported a firearm legally, or were unaware the weapon was present, we will assess the facts and fight to protect your rights and future. Early involvement by a skilled Los Angeles criminal defense attorney can even prevent charges from being filed at all.

Don’t leave your future to chance. Contact Attorney Arash Hashemi today for a free case evaluation. We’ll review your situation confidentially and outline the strongest path forward.

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