What Is the Difference Between PC 25400 and PC 25850?
If you’ve been arrested for a firearm offense in California, the legal paperwork can be confusing. Many people are surprised to see more than one gun law listed on their charge sheet — especially when it involves Penal Code 25400(a)(1) PC (carrying a concealed firearm) and Penal Code 25850 PC (carrying a loaded firearm in public).
At first glance, these charges appear similar. In reality, they target two different situations:
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PC 25400(a)(1) PC focuses on whether the firearm was concealed on your person or inside a vehicle without a permit.
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PC 25850 PC focuses on whether the firearm was loaded in a public place, whether hidden or openly carried.
That distinction — concealed versus loaded — may sound simple, but in practice these charges often overlap, and it’s not uncommon for prosecutors to file both charges at the same time.
At The Law Offices of Arash Hashemi, our team has more than 20 years of experience defending clients against firearm allegations in Los Angeles. If you or someone you love has been arrested under either statute, speak with a skilled Los Angeles gun crime lawyer today to protect your future and explore your defense options.
Penal Code 25400(a)(1) PC – Carrying a Concealed Firearm
Under PC 25400(a)(1) PC, it is illegal to carry a concealed firearm on your person or inside a vehicle unless you have a valid concealed carry permit. Concealment means the weapon is not openly visible — prosecutors don’t need to prove you were trying to hide it, only that it wasn’t in plain sight.
Examples of concealed carry include:
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A pistol tucked into your waistband under a shirt or jacket.
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A handgun hidden in the glove compartment or under a car seat.
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A revolver carried in a backpack, purse, or briefcase.
Penalties for PC 25400(a)(1) PC
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Misdemeanor: A first-time gun charge in California under PC 25400 is often filed as a misdemeanor. Penalties may include up to 1 year in county jail, fines, and probation.
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Felony (“wobbler”): If aggravating factors exist — such as a prior felony conviction, possession of a stolen firearm, or gang involvement — prosecutors can file the case as a felony. Penalties may include 16 months, 2 years, or 3 years in county jail.
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Three Strikes Law: In certain felony cases, carrying a concealed firearm can count as a strike offense, which can dramatically increase sentencing if you face future charges.
Because PC 25400 is a wobbler offense, one of the most important parts of your defense strategy is persuading the court to reduce the charge or have it dismissed altogether. Our defense attorney can often argue for alternatives, especially if this is your first gun-related arrest.
Penal Code 25850 PC – Carrying a Loaded Firearm in Public
PC 25850 makes it a crime to have a firearm that is loaded while in a public place or in a vehicle on a public street. It doesn’t matter whether the weapon is concealed or visible — what matters is that it was accessible and ready to fire.
Examples of violations include:
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Having a loaded handgun visible in a holster at a public park.
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Carrying a pistol tucked into your waistband with a magazine inserted while walking down the street.
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Keeping a rifle in your car with a round chambered, even if it’s partially hidden.
Penalties for PC 25850
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Misdemeanor: Up to 1 year in county jail, fines, and probation.
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Felony: If aggravating factors apply — such as prior felony convictions, possession of a stolen weapon, or gang allegations — penalties may include 16 months, 2 years, or 3 years in county jail.
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Enhancements: Sentences can increase dramatically if the firearm was used in connection with another crime, if the alleged victim suffered injury, or if prosecutors file gang-related enhancements.
Because prosecutors often stack PC 25850 with other firearm or violent crime charges, a conviction can quickly spiral into years of prison time. Even if this is your first-time gun charge in California, the stakes are high. The good news is that it’s possible to challenge the evidence, fight for a reduction, or in some cases, have the case dismissed altogether. Our criminal defense attorney can review the facts of your situation and build a defense strategy focused on protecting your future.
Key Difference Between PC 25400 and PC 25850
PC 25400(a)(1) – Carrying a Concealed Firearm: Prosecutors only need to prove that the gun was hidden from plain view. The firearm does not need to be loaded.
PC 25850 – Carrying a Loaded Firearm in Public: Here, the issue is whether the gun was loaded in a public place or in a vehicle on a public street. The weapon may be concealed or carried openly — what matters is that it was ready to fire.
In practice, this means:
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If a weapon is hidden but not loaded, the charge is usually PC 25400(a)(1) PC.
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If a gun is loaded and accessible in a public setting, it may be charged under PC 25850 PC.
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If the firearm is both concealed and loaded, prosecutors can — and often do — file both charges at the same time.
Can You Be Charged With Both?
Yes. It’s very common for prosecutors to file both charges in the same case. This happens because the laws target different aspects of gun possession, and the same facts can satisfy both statutes.
Example 1 – Traffic Stop:
You’re pulled over for a minor traffic violation. During the stop, police search your car and find a handgun hidden under the seat. It’s loaded.
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PC 25400(a)(1) PC applies because the gun was concealed.
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PC 25850 PC applies because the gun was loaded in a vehicle on a public street.
Result: Both charges may be filed.
Example 2 – Street Encounter:
You’re walking down the street with a pistol tucked into your waistband, magazine inserted, and covered by a hoodie.
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PC 25400(a)(1) PC applies because the weapon was concealed from public view.
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PC 25850 PC applies because it was loaded in public.
Result: Again, both charges may be filed.
Prosecutors often stack firearm charges like this because it increases their bargaining power. By filing multiple counts, they create more exposure for you, which makes it easier for them to pressure you into a plea deal. This is why it’s so important to have a defense attorney who understands how to challenge overlapping charges, argue for dismissals, and reduce exposure at every stage of the case.
Legal Defenses to PC 25400 and PC 25850
One common defense is lack of knowledge. Prosecutors must prove you knew the firearm was present. If the weapon belonged to someone else and was left in your car, backpack, or jacket without your awareness, then the knowledge element is missing. Without proof that you knowingly possessed the gun, a conviction cannot stand.
Another defense is the absence of intent to conceal. PC 25400 applies only when a firearm is hidden from plain view. If the gun was openly visible — for example, in a holster on your belt or resting on the passenger seat — then it does not qualify as “concealed” under the statute. This difference can mean avoiding a criminal conviction altogether.
Challenges to an illegal search or seizure are also powerful in firearm cases. If law enforcement discovered the weapon through a stop that lacked probable cause, a search that exceeded the scope of a warrant, or another violation of your rights, the court may suppress the evidence. Without the firearm, the prosecution’s case often falls apart.
Permit issues can also arise. California’s firearm laws are complicated, and sometimes lawful gun owners are arrested despite having a valid concealed carry permit (CCW) or transporting the firearm in a way that complies with state law. In these cases, proper documentation and a clear explanation of the law can form a strong defense.
Finally, in rare circumstances, self-defense exceptions may apply. California law allows individuals to carry or use a firearm when they reasonably believe they or someone else face imminent danger of death or great bodily injury. If the facts support this argument, it may justify the possession or use of the weapon.
A key part of defense strategy is understanding how to beat a gun charge in California. Depending on the facts, our attorney may be able to argue for dismissal, reduction to a misdemeanor, or even acquittal at trial.
Can Gun Charges Be Dismissed?
Dismissals are possible when police violate your rights. If you were pulled over without probable cause, detained unlawfully, or searched without legal justification, your attorney can move to suppress the firearm. Once that evidence is excluded, the prosecution often cannot move forward.
Cases are also dismissed when the state cannot prove possession. This commonly happens when a firearm is found in a car with multiple passengers or in a shared residence. If prosecutors cannot show that you knowingly possessed the gun, they may have no choice but to drop the case.
Sometimes dismissal turns on whether the gun met the legal requirements of the charge. For example, PC 25850 requires the weapon to be “loaded.” If the firearm did not qualify as loaded under California law, that charge may not hold. Similarly, PC 25400(a)(1) requires proof that the firearm was concealed. If it was in plain sight, the court may dismiss the case.
Not every case ends with a dismissal, but that does not mean you are out of options. Our defense attorney can often negotiate for a reduction to a lesser offense, argue for probation instead of jail, or push for alternatives that keep a felony off your record.
Contact our Los Angeles Gun Crime Lawyer Today
The most important step you can take is to act quickly. Early intervention by an experienced Los Angeles criminal defense attorney is critical because it allows your lawyer to preserve evidence, challenge police procedures, and begin negotiations with the prosecutor before the case gains momentum. The sooner you seek legal advice, the better your chances of a favorable resolution.
At The Law Offices of Arash Hashemi, our team has more than 20 years of experience defending clients against firearm and violent crime charges in Los Angeles. We understand how prosecutors build these cases, and we know how to fight back — whether through motions to suppress unlawfully obtained evidence, challenging the prosecution’s proof, or negotiating with the prosecutor for reduced charges or dismissal.
Contact our office today for a free, confidential consultation. Attorney Arash Hashemi will personally review your case, explain your legal options, and develop a defense strategy focused on protecting your rights and your future.
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