Los Angeles Concealed Firearms Defense Attorney

The issue of carrying a concealed weapon, particularly a firearm, is one that is being debated across the country. While California has a concealed carry permit process, the issue is somewhat more complicated than in other states because the application process is not uniform statewide – it is determined to some degree by each county/city in the state.

In any event, the starting point is that without a valid permit, carrying a concealed firearm is a crime in California, and in many cases, it may be charged as a felony. The first issue to be addressed, however, is the definition of the offense.

The Crime of Carrying a Concealed Firearm in California

A charge of carrying a concealed firearm includes carrying a firearm concealed on your person, as well as carrying a firearm concealed in a car or other vehicle which is under your control or carrying in a vehicle in which you are an occupant, where the firearm is capable of being concealed on a person. Note that PC 25400, which defines the offense, specifically states that carrying a firearm openly in a holster, for example, is not “concealed,” and therefore does not fall within the prohibition in the statute.

If you are found guilty of illegally carrying a concealed firearm in California, the penalties can vary depending upon the circumstances. Here are some examples of felony possession:

• Prior felony conviction. If you have previously been convicted of any felony or of certain other enumerated offenses, the illegal carry will be charged as a felony.
• Stolen firearms. If the weapon was stolen, and you had reason to believe it was stolen, you will be charged with a felony.
• Street gangs. If you are an “active participant” in a criminal street gang, the charge will be a felony.
• Unlawful possession. If you are a prohibited possessor (PC 28800), the offense will be charged as a felony.

Your past criminal record may also affect whether the case will be prosecuted as a felony or a misdemeanor. In addition, even a misdemeanor conviction in an unlawful concealed carry case can lead to mandatory jail time.

Defenses in a Concealed Carry Prosecution

The statute (PC 25400) makes it clear that in order to be convicted of illegal concealed carry, there must be a firearm and it must be concealed. Wearing a gun on your belt is not “concealed” within the meaning of the law. Similarly, if the weapon is found in a vehicle, the prosecution must show that you had control over it.

There are also circumstances exempted from the prohibition contained in the statute. These factors, which may also apply to other weapon-related offenses, include:

• Carrying of an unloaded firearm in a locked container while being transported between authorized locations.
• Possession of a firearm by a person authorized to do so as a participant in a motion picture, video, or entertainment event.
• Transportation of a firearm by an agent of an authorized firearms supplier.

These are just a few of the many exemptions contained in the Penal Code which affect the legality of carrying concealed firearms in California. If any of those exemptions apply, it will supply a potential defense to the concealed carry charge.

The CCW Licensing Process

Of course, most of the potential problems in concealed carry cases are obviated if you obtain a concealed carry license. The general application requirements and limitations are contained in PC 26155. But as we mentioned above, the specifics of the application process will vary from municipality to municipality and from county to county. As a result, while the statute dictates in broad outlines what may be required to obtain a CCW permit, at the same time it authorizes police chiefs (and sheriffs, in unincorporated areas), to issue the license. As a result, the application process will vary to some extent from place to place within California.

Los Angeles Concealed Carry Defense Lawyer

If you have been arrested for violating the California concealed carry law, you may be facing a felony and mandatory jail time. You need an experienced Los Angeles criminal defense lawyer to protect your rights. There are a host of exceptions and other defenses that may apply in your case. To understand the specifics as they apply in your case, contact CBS Law for a free consultation. Call CBS Law at (213) 800-8005