What Does California Law Say About Carrying a Loaded Firearm?

Under 25850 PC, it is a criminal offense to carry a loaded firearm on your person or in a vehicle while in a public place or on a public street. This law applies whether you’re walking, driving, or riding as a passenger — and whether the firearm is concealed or openly visible.

To be charged under this statute, the prosecution must show that:

• You were carrying a firearm (on your body or in a vehicle),

• The firearm was loaded, and

• You were in a public place or a public street in a location where carrying a firearm is prohibited by law.

Importantly, you can be arrested even if you legally own the firearm or have no criminal record. California law requires specific permits and strict compliance with transportation laws when it comes to carrying firearms in public.

In some cases, the charge under 25850 PC can be filed as a misdemeanor. However, it becomes a felony if certain aggravating factors apply — such as prior felony convictions, gang enhancements, possession of a stolen firearm, or possession by someone prohibited from owning a firearm under other California laws.

Because this statute is broad and often enforced during routine police interactions, people are frequently charged even when they didn’t realize they were in violation. A strong legal defense may focus on whether the firearm was truly “loaded,” whether the location qualifies as a public area under the statute, or whether the individual had proper authorization.

How a Carrying a Loaded Firearm Charge Can Affect Your Life

A charge for carrying a loaded firearm in public often stems from situations that aren’t as straightforward as they might seem. Many people are arrested during routine traffic stops, pedestrian encounters, or street-level searches where a firearm is found in a vehicle or on their person — even if they had no intention of using it or believed they were carrying it legally.

You may have been transporting a firearm you lawfully own, unaware that it was considered “loaded” under California law. Or you might have had the weapon in your car for personal safety, not realizing that keeping it accessible in a public place violates strict carry laws. In other cases, people are charged simply for being in proximity to a loaded firearm during a stop — even if the weapon belonged to someone else.

These types of arrests often rely on quick judgments made by officers in the field, which can lead to exaggerated or unsupported charges. And because the law allows for either misdemeanor or felony prosecution, the decision to file more serious charges may come down to prior history or assumptions made at the time of arrest.

When you’re accused of violating 25850 PC, it’s important to have a defense attorney who can step in immediately, assess how the firearm was discovered, and determine whether the stop, search, or seizure was lawful. Early legal action can make a difference in how your case is charged — and how it’s resolved.

What the Prosecutor Needs to Prove in a 25850 PC Case

To convict someone of carrying a loaded firearm in California, the prosecution must prove more than just the presence of a gun. They must establish specific legal elements beyond a reasonable doubt — and each one can be challenged with the right defense strategy.

The key elements the state must prove are:

• You carried a firearm on your person or in a vehicle,

• The firearm was loaded at the time of the encounter, and

• You were in a public place or on a public street where carrying a loaded weapon is not permitted.

In many cases, the prosecution will try to show that you had the intent and knowledge to carry the firearm in that condition. This can include where the gun was found, whether it was easily accessible, and whether you knew it was loaded. If ammunition was present or chambered, officers may argue that qualifies as “loaded” under state law — but these details are often open to legal interpretation.

It’s also common for prosecutors to claim that a vehicle is a “public place,” even if it’s parked or not in motion. Whether the area qualifies under the statute can depend on context — and your defense attorney may be able to argue that the location, weapon status, or even the stop itself doesn’t meet legal standards.

Prosecutors often rely on officer testimony and assumptions about intent. That’s why it’s important to challenge how the firearm was found, how it was handled, and whether the search or seizure was lawful. A strong defense can expose gaps in the state’s case and prevent the court from accepting questionable evidence as fact.

Penalties for a Conviction Under 25850 PC

A conviction for carrying a loaded firearm in public  can lead to serious criminal consequences in California. While the charge may be filed as a misdemeanor in some cases, it can also be charged as a felony depending on the circumstances — especially if the individual has a prior criminal record or is otherwise prohibited from possessing firearms.

If convicted under 25850 PC, potential penalties include:

• Up to one year in county jail for a misdemeanor

• Up to three years in state prison for a felony

• Fines of up to $1,000 for misdemeanors or up to $10,000 for felonies

• Formal probation or summary probation, depending on the severity of the charge

• Confiscation of the firearm and a possible firearm ban

The charge can be elevated to a felony if:

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

• You have a prior felony conviction or are otherwise barred from possessing firearms

• The firearm was possessed in connection with gang activity, under enhancement statutes

• You were not the registered owner of the loaded firearm

A conviction can result in more than just jail time — it can have long-term effects on your ability to find employment, obtain housing, or maintain a clean criminal record. These cases are aggressively pursued by prosecutors in Los Angeles, particularly when any aggravating factors are involved.

Legal Defenses to a Carrying a Loaded Firearm Charge

Being charged with carrying a loaded firearm in public is a serious matter, but a charge does not automatically lead to a conviction. There are several legal defenses that may apply, depending on the facts of the case and how the firearm was discovered. The key to a successful defense is not just knowing the law, but applying the right arguments to the specific details of your arrest.

One of the most common defenses is that the firearm was not actually loaded. Under California law, a gun is only considered loaded if there is a live round in the chamber or in a position where it can be fired. If the firearm was unloaded, or if the prosecution cannot prove it was loaded, the charge may not hold.

Another defense involves lack of knowledge or intent. If the firearm was in a vehicle or bag and you were unaware it was present, the prosecution may not be able to prove that you knowingly carried a loaded weapon. This is especially relevant in shared vehicles or situations involving other passengers.

In some cases, law enforcement may have conducted an unlawful search or seizure, such as pulling over a vehicle without probable cause or searching your person without legal justification. If your Fourth Amendment rights were violated, any evidence obtained — including the firearm — may be excluded from court.

Other defenses may include:

• Improper police procedure during the stop or arrest

• You had a valid permit, or the weapon was being lawfully transported

• The location was not legally classified as a “public place” under the statute

Every case is different. Whether the issue is the status of the weapon, the legality of the search, or the specific location where the firearm was found, building a tailored defense early on can have a major impact on the outcome. Our office thoroughly reviews every aspect of the case to identify legal and procedural issues that can lead to dismissal, reduction, or other favorable results.

Arrested for Carrying a Loaded Firearm? Speak with a Los Angeles Criminal Attorney Today

Prosecutors in Los Angeles take loaded firearm charges seriously — especially when the weapon is found during a traffic stop or in a public place. A conviction under 25850 PC can result in jail time, steep fines, probation, and lasting consequences for your record. But being charged is not the same as being convicted, and taking early action is the first step toward protecting your future.

At The Law Offices of Arash Hashemi, every case is handled personally by Attorney Hashemi. With over 20 years of experience defending clients in firearm-related cases, he knows how to challenge the prosecution’s evidence, question how the firearm was found, and assess whether your rights were violated during the stop or search. Whether it’s through dismissal, charge reduction, or alternative sentencing, our office will pursue the most effective path forward.

If you’ve been arrested for carrying a loaded firearm, don’t wait to get legal help. We’ll review the facts, explain your options, and help you build a strong defense from day one. Schedule your free consultation today to speak with a Los Angeles criminal attorney who’s ready to fight for you.

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