Arrested for Carrying a Concealed Weapon in California? Here’s How to Fight the Charge
Can You Beat a Concealed Weapons Charge in California?
Being arrested for carrying a concealed weapon in California can feel overwhelming, especially if it’s your first encounter with the criminal justice system. California has some of the strictest gun laws in the country, and prosecutors often push aggressively for convictions to “make an example” out of defendants. A simple mistake — like transporting a firearm incorrectly in your car or keeping one hidden without realizing it violates state law — can suddenly put you at risk of jail time, fines, the loss of your gun rights, and a permanent criminal record.
Most concealed firearm cases are filed under California Penal Code § 25400 PC (Carrying a Concealed Firearm). Depending on the circumstances, prosecutors may also add PC § 25850 (Carrying a Loaded Firearm in Public) or other enhancements if they believe the gun was tied to drugs, gang activity, or another crime. These details are critical, because they often determine whether the case is charged as a misdemeanor or a felony — and whether you’re facing probation or years in state prison.
But here’s the truth: being charged under PC 25400 or a related statute does not automatically mean you will be convicted. To prove the case, prosecutors must show not only that you had a firearm, but that it was unlawfully concealed and under your control. That leaves room for multiple defense strategies that can weaken, reduce, or even dismiss the case entirely.
Attorney Arash Hashemi has over 20 years of experience defending clients in Los Angeles County against firearm charges. Our firm has successfully challenged cases where police overstepped in their searches, where the firearm didn’t legally qualify as “concealed,” and where clients had no intent to break the law. The earlier we intervene, the more opportunities there are to expose weaknesses in the state’s case and protect your record and your freedom.
Some of the most effective defenses to concealed weapons charges depend on the specific facts of your case. At The Law Offices of Arash Hashemi, we carefully review the police reports, body-cam footage, and all available evidence to identify weak spots in the prosecution’s case. Common defense strategies include:
- Unlawful Search and Seizure – If the firearm was found during a stop or search that violated your constitutional rights, the evidence may be thrown out. For example, if police searched your car without probable cause or consent, the weapon they found cannot be used against you.
- Not Truly “Concealed” – California law has strict definitions for what counts as “concealed.” If the firearm was stored in a locked case in your trunk, or was otherwise not readily accessible, the charge may not apply.
- Lack of Knowledge – Prosecutors must prove you knew the weapon was there. We’ve seen cases where a firearm belonged to a family member or was left in a borrowed vehicle, yet the driver was still arrested. These situations can create powerful defenses.
- Legal Exceptions – California law includes many exceptions for transporting or storing firearms. If you fall into one of these categories, your actions may have been lawful despite the arrest.
In other cases, we challenge the way charges are filed. Prosecutors often overcharge gun cases, trying to turn a simple concealed carry violation into a felony by attaching additional allegations, such as gang or drug involvement. Our firm pushes back against these tactics, working to reduce charges to the lowest possible level or negotiating alternatives like diversion programs.
The biggest mistake many people make is waiting until their first court date to seek help. By then, prosecutors may already have built their case and committed to filing the harshest version of the charge. Acting quickly allows us to intervene early, present favorable evidence, and sometimes convince the District Attorney not to proceed with the case at all.
Attorney Arash Hashemi personally reviews every case, listens to your side of the story, and builds a defense strategy tailored to your situation. The goal is clear: beat the charge whenever possible — or minimize the consequences so you can move forward with your life. The sooner we get involved, the stronger your defense. In many cases, pre-trial motions or direct negotiations with prosecutors can reduce charges, prevent them from being filed as felonies, or even stop the case from moving forward at all. Waiting until your first court date only gives the state an advantage — and that’s the last thing you want.
If you or a loved one has been arrested for carrying a concealed weapon in California, don’t wait. Protect your rights, your freedom, and your future by contacting our office today for a free, confidential consultation.
The Law Offices of Arash Hashemi
11845 W Olympic Blvd #520
Los Angeles, CA 90064
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