California Penal Code 12025 PC punishes carrying a concealed weapon on your person or in a vehicle.1 This charge is separate and distinct from
We are a law firm of former police and former prosecutors that specializes in defending clients charged with violating California gun laws.
In this article, our California criminal defense attorneys4 will address the following:
(Click on a title to proceed directly to that section)
If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.
You may also find helpful information in our related articles on California Firearm Laws, Penal Code 12031 PC Carrying a Loaded Firearm in a Public Place, Penal Code 417 PC Brandishing a Weapon, Penal Code 12021 PC Felon with a Firearm, Penal Code 12050 PC Concealed Weapon Permits, Legal Defenses, California Open Carry Laws, California’s Gun Free School Zone Act, Self-Defense Laws, Illegal Search and Seizure, Expungement Law, and Restoring Your Firearms Rights.
Penal Code 12025 PC reads as follows:
"A person is guilty of carrying a concealed firearm when he or she does any of the following:
(1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person."5
And regardless of which subdivision of Penal Code 12025 PC you allegedly violate, there are two facts (otherwise known as "elements of the crime") that are common throughout:
Let’s take a look at some of the terms used in California’s CCW law to gain a better understanding of their legal definitions.
Concealed
Penal Code 12025 PC punishes carrying a concealed weapon. It therefore follows that if you are carrying a weapon that is in plain view, you aren’t guilty of violating this particular law (though, depending on the facts, you may be violating a different California gun law).
As long as the gun or other weapon is at least partially concealed, you could be liable for this offense.7 And along these same lines, as long as the weapon itself is at least partially concealed in a case or by some other means, it is irrelevant if the weapon is nevertheless identifiable.
Examples: In one case, the court held that even though the officer could see a four or five inch long narrow bulge in the defendant’s rear pants pocket…suspecting that the bulge was a gun…it was still deemed a concealed weapon.8
Similarly, in another case, a cop noticed an outline of a handgun under the defendant’s shirt. Even though the officer could tell what the object was, it still qualified as a concealed weapon.9
That said, firearms carried openly in belt holsters (even though part of the gun is concealed) do not qualify as concealed weapons under this statute.10
"Pistol, revolver, or other firearm capable of being concealed upon the person"
The words "pistol, revolver, or other firearm capable of being concealed on the person" refer to any device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel either less than 16 inches in length, or 16 inches or more in length that is designed to be interchanged with a barrel less than 16 inches.
These terms also include the frame or receiver of any such weapon. The frame is the basic unit of a handgun which serves as a mounting for the barrel and operating parts of the gun. The receiver is the metal frame in which the action of a firearm is fitted and to which the breech end of the barrel is attached.11
Firearm
A "firearm" under California’s gun laws means "any device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of any explosion or other form of combustion."12
It also includes any "rocket, rocket propelled projectile launcher, or similar device containing any explosive or incendiary material whether or not the device is designed for emergency or distress signaling purposes."13
And…with respect to Penal Code 12025 PC…prosecutors can convict you of CCW on your person or in a vehicle even if the gun is inoperable.14 This is because the intent behind California gun laws is to protect society from the potential harm that a victim’s or third-party’s reaction to seeing a concealed weapon might elicit. The fact that the firearm is inoperable is therefore not a valid legal defense to this charge.15
Examples: Examples of "firearms"…which are generically referred to as guns…include (but are not limited to):
Excluded from the definition are
Carried on the person
This requirement simply means that you physically possess the concealed weapon. It doesn’t matter if the gun is actually on your person or in something that you are holding.
Example: Prosecutors could charge you with carrying a concealed weapon on your person whether the weapon is in your pocket or in the briefcase that you are holding. As long as you are physically carrying it, Penal Code 12025 PC applies.18
"Knew about the presence"
Most California gun laws, including this one, require that you know about the gun’s presence. This is to prevent people from being wrongly convicted of offenses they didn’t intentionally commit.
Example: Let’s take the example from above. Assume that you accidentally grab one of your co-worker’s briefcases, unaware of its contents. When airport security officers open it and find a gun, you are not guilty of CCW since you didn’t know about the gun’s presence.
There are a variety of legal defenses to a Penal Code 12025 PC charge that a skilled California criminal defense lawyer could present on your behalf. Below are examples of some of the most common.
You didn’t know you were carrying the firearm
Because "knowledge" about the concealed weapon’s presence is required before prosecutors can convict you of carrying a concealed weapon, a "lack of knowledge" serves as a defense to this charge. Regardless of the exact Penal Code 12025 PC violation prosecutors charge you with, if you don’t know you are carrying a gun, you aren’t guilty of this offense.
For obvious reasons, this defense works best when the gun is located in a car or in something that you are carrying, rather than physically on your body.
The weapon was in a trunk or other locked compartment of the vehicle
If you are otherwise legally entitled to own or possess a firearm, you are not guilty of carrying a concealed weapon in a vehicle if your pistol, revolver, or other firearm is in
You have a license to carry a concealed weapon
If you have a license or permit for carrying a concealed weapon under Penal Code 12050 PC, then possessing one generally does not violate the law. In order to prevail on this legal defense, you bear the burden of proving that you have a valid license to carry "a pistol, revolver, or other firearm capable of being concealed upon your person".20
Your firearm wasn’t concealed, but was carried in plain sight
Unless you have a CCW permit, carrying a concealed firearm is always a crime. But carrying firearms in plain view isn’t. California’s open carry laws generally allow you to carry an unloaded firearm in plain sight, so long as you are not in a prohibited area. "Prohibited areas" include government buildings, post offices, and school zones under California’s Gun Free School Zone Act.
If you comply with the provisions of California’s open carry laws, you are not guilty of violating Penal Code 12025 PC.
The concealed weapon was within your residence or place of business
As long as you are otherwise entitled to own or possess a weapon, you are free to carry a concealed weapon in your own home or in a business that you own (as opposed to a place where you merely work).21
And while this rule doesn’t generally extend to people who live and/or work in their cars, it does allow taxi-cab drivers to keep concealed weapons within their vehicles.22
The weapon was obtained as the result of an illegal search and seizure
Many CCW charges arise after an officer stops a suspect for some type of investigation. Perhaps you were speeding, perhaps your car was illegally parked, perhaps you matched the description of someone who was just accused of a crime. As the officer is speaking with you or "patting you down" he discovers the concealed weapon.
Example: A Los Angeles Police Department officer pulls you over for speeding on the 101 freeway. You are cooperative, produce your license and registration in a timely fashion, and have no outstanding warrants. The cop nonetheless chooses to search your car and finds an illegal weapon in the glove box.
Given these facts, the officer has no authority to search your car. This is because before the police can legally conduct such a search, they must have
If the cops fail to meet this criteria, your California criminal defense lawyer will argue that the weapon was discovered and confiscated during an illegal search and seizure in violation of your Fourth Amendment constitutional rights.23
And if you can convince the prosecutor and/or judge that this is the case, it is very likely that the court will dismiss your Penal Code 12020 PC charges.
You carried the weapon in self-defense
If you reasonably believe that your life is in "grave danger"…because of other people’s specific threats or conduct which justified the basis for a court-ordered restraining order…you may be absolved of criminal liability for carrying a concealed weapon under California’s self-defense laws.24
As Newport Beach criminal defense attorney Zachary McCready explains25, "If we can prove to the court that you believed your life was in danger…even after securing a restraining order…and that carrying a concealed weapon on your person or in your car was necessary for your safety, we may be able to get your charges dismissed."
Police misconduct
If an officer…motivated by anger, revenge, a power-trip or some other improper purpose…plants a concealed weapon on your person or in your car, he/she is guilty of police misconduct. Moreover, the officer may lie in his police report and say that the gun was concealed, when in fact it was carried openly. In such a case, we would want to scrutinize the officer's background...and probably run a Pitchess motion to see what other people have made similar complaints about the officer in the past.
Penal Code 12027 PC lists a wide variety of people who are exempt from prosecution under California’s "carrying a concealed weapon on your person or in a vehicle" law. Some of the people listed under 12027 PC include (but are not limited to):
And even all of the above exceptions contain caveats, which is why it is important to consult with a criminal defense attorney who understands the complex nature of California’s gun laws.
Absent aggravating circumstances, carrying a concealed weapon on your person or in a vehicle is a misdemeanor. If convicted of this offense under Penal Code 12025(7) PC, you face
When there aggravating factors exist, those circumstances elevate the misdemeanor to a "wobbler" or to a straight felony. A "wobbler" is an offense that prosecutors can file as either a misdemeanor or a felony, depending on (1) the circumstances of the offense, and (2) your criminal history.
"Wobbler" provisions of Penal Code 12025 PC
Penal Code 12025 PC becomes a wobbler when…in addition to carrying a concealed firearm on your person or in a car…
If you are convicted of carrying a concealed weapon on your person or in a car as a misdemeanor under one of these wobbler subdivisions, you face the same misdemeanor penalties listed above. If you are convicted of either of these provisions as a felony, you face the same potential fine as well as up to 16 months, or two or three years in the California State Prison.29
Straight felonies under Penal Code 12025 PC
The four remaining sentencing schemes that are outlined in Penal Code 12025 PC are all straight felonies. If you are convicted under California’s CCW law…and any of the following subdivisions apply…you face
These subdivisions include:
With respect to this last subdivision, prosecutors can convict you of Penal Code 12025 PC as a felony based on your active participation in a gang even if your carrying a concealed weapon isn’t connected to your involvement with the gang.32
Prior firearm convictions
If you are convicted of any Penal Code 12025 PC violation…and have previously been convicted of
you must serve between three to six months in a county jail. If you are convicted of any Penal Code 12025 PC violation…and have previously been convicted of any felony or any other California firearm offense…you must serve a minimum three month county jail sentence.33
In addition to all of the above penalties, a conviction for unlawfully carrying a concealed handgun in violation of California Penal Code 12025 PC may result in the loss of your weapon or firearm.34
California firearm offenses and aliens
If you are a legal immigrant or legal alien, a Penal Code 12025 PC conviction could additionally result in deportation.35 For more information about how California’s firearm laws affect aliens, please visit our article on California crimes that lead to deportation.
Expunging your California Penal Code 12025 PC conviction
If you are granted probation in a misdemeanor or felony Penal Code 12025 PC case, you may expunge your California criminal record once you successfully complete the probationary period. However, the judge can deny you an expungement if you suffer a probation violation or fail to adhere to all the terms and conditions of probation.36
It is important to understand that while an expungement will help clear your criminal record, it will not necessarily permit you to own or possess a firearm if you have been otherwise banned from doing so.37
Your Right to Own/Possess Firearms
A misdemeanor conviction for carrying a concealed weapon on your person or in a vehicle won’t by itself revoke your right to own or possess a firearm. That said, if you are adjudged a ward of the juvenile court based on a Penal Code 12025 PC misdemeanor conviction, you will be prohibited from owning or possessing a firearm until you are 30 years old.38
If convicted of California’s CCW law as a felony, you will be prohibited from purchasing, receiving, owning, or possessing a firearm for life.39
However, if you are convicted of a felony under one of the "wobbler" subdivisions of Penal Code 12025 PC…and you successfully have the felony reduced to a misdemeanor…your gun rights will be restored.
Otherwise, and unfortunately, there is no other way to restore your California gun rights. Even a certificate of rehabilitation and/or a governor’s pardon does not restore firearm rights to someone who has been convicted of a felony that involves the use of a dangerous weapon.40
A "dangerous weapon" under California law is any weapon, instrument, or object that is capable of being used to inflict great bodily injury or death.41 California law defines "great bodily injury" as a substantial or significant injury.42 Pistols, revolvers, or other firearms therefore qualify as dangerous weapons.
For more information about California’s firearm laws, or to discuss your case confidentially with one of our attorneys, please don’t hesitate to contact us at Shouse Law Group.
Our California criminal law offices are located in and around Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.
Additionally, our Las Vegas Nevada criminal defense attorneys represent clients accused of violating Nevada’s firearm laws. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.43
1California Penal Code 12025 PC -- Carrying a concealed weapon on your person or in a vehicle. ("(a) A person is guilty of carrying a concealed firearm when he or she does any of the following: (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person. (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person. (3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.")
2California Penal Code 12031 PC -- Carrying a loaded firearm in a public place. ("(a)(1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.")
3Penal Code 417 PC, California’s "brandishing a weapon" law prohibits drawing or exhibiting a deadly weapon in a rude, angry, or threatening manner.
4Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.
5California Penal Code 12025 PC -- Carrying a concealed weapon on your person or in a vehicle, subdivision "a", endnote 1, above.
6There are a variety of jury instructions that are applicable to Penal Code 12025 PC, California’s "carrying a concealed weapon on your person or in a vehicle" law. These include CALJIC 12.46, 12.46.1, 12.46.2, 12.47, 12.47.1, 12.47.2, 12.47.5, 12.46.6, and 16.460. Each of these contains at least the following two elements: (1) that the defendant carried a concealed firearm, and (2) that the defendant knew of the presence of the firearm.
7People v. Hale (1974) 43 Cal.App.3d 353. ([Under the WEST headnotes, number 2] "Only partial concealment of firearm is required for conviction of carrying a concealed firearm." Continuing at 356, "The carrying of concealed firearms is prohibited as a means of preventing physical harm to persons other than the offender.’ (People v. Jurado, 25 Cal.App.3d 1027, 1032, 102 Cal.Rptr. 498, 500.) In our opinion concealment of an essential component of a visible weapon, when done in such a fashion as to make the weapon readily available for use as a firearm, presents a threat to public order comparable to concealment of the entire firearm and falls within the prohibition of [Penal Code] section 12025 [California’s "carrying a concealed weapon on your person or in a vehicle" law].")
8Facts based on People v. May (1973) 33 Cal.App.3d 888.
9Facts based on People v. Tarkington (1969) 273 Cal.App.2d 466.
10California Penal Code 12025 PC -- Carrying a concealed weapon on your person or in a vehicle, subdivision "f".
11California Penal Code 12001 PC -- Definitions. ("[The words "pistol, revolver, and firearm capable of being concealed on the person," as used in these instructions, apply to and include any device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel less than 16 inches in length [, whether operable or not]. [These terms also include any device that has a barrel 16 inches or more in length which is designed to be interchanged with a barrel less than 16 inches in length.]…[The words "pistol, revolver, or firearm [capable of being concealed upon the person]" also include the frame or receiver of any such weapon. The frame is the basic unit of a handgun which serves as a mounting for the barrel and operating parts of the gun. The receiver is the metal frame in which the action of a firearm is fitted and to which the breech end of the barrel is attached.]")
12California Penal Code 12001 PC -- Definitions, subdivision "b".
13California Penal Code 12001 PC -- Definitions. ("(d) For the purposes of [Penal Code] Sections 12025 [California’s "carrying a concealed weapon on your person or in a vehicle" law] and 12031 PC, the term "firearm" also shall include any rocket, rocket propelled projectile launcher, or similar device containing any explosive or incendiary material whether or not the device is designed for emergency or distress signaling purposes.")
14People v. Marroquin (1989) 210 Cal.App.3d 77, 82. ("The Legislature, despite numerous opportunities to do so, has not authorized inoperability of a weapon as a defense to this or any related section. On the contrary, it continues to focus the scope of the statutory scheme aiming its sights in targeting the unlawful activities of an ever violent society. In concert, we conclude that a firearm, the generic term used to describe an object which may silence, maim, strike or destroy that which moves, breathes or exists, need not be operable to convict under Penal Code section 12025, subdivision (b) [California’s "carrying a concealed weapon on your person or in a vehicle" law]. To engraft such a requirement would be inconsistent with the societal effort to curtail criminal conduct.")
15See same at 81. ("Several cases disclose an important common thread of perceived fear in their discussion of the underlying purpose of the Dangerous Weapons' Control Law: "[I]t is irrelevant that the shotgun's propensity for violence is curbed because of the missing bolt. Its propensity for use for criminal purposes in that it can be used for threatening victims of intended crimes is still very great." (People v. Favalora (1974) 42 Cal.App.3d 988, 994, 117 Cal.Rptr. 291.) "The fear may arise either from a gun that really shoots or from one which is designed to shoot and gives the appearance of shooting capability."…The danger remains that the reaction by the victim or some third person to the appearance of the gun will cause harm to befall someone."")
16People v. Norton (1978) 80 Cal.App.3d Supp. 14, 25. ("The word, ‘firearm,’ includes a pistol, revolver or rifle, or any other device designed to be used as a weapon from which a projectile may be expelled by the force of any explosion or other form of combustion.")
See also California Penal Code 12001 PC -- Definition of firearms. ("(a)(1) As used in this title, the terms "pistol," "revolver," and "firearm capable of being concealed upon the person" shall apply to and include any device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel less than 16 inches in length. These terms also include any device that has a barrel 16 inches or more in length which is designed to be interchanged with a barrel less than 16 inches in length. (2) As used in this title, the term "handgun" means any "pistol," "revolver," or "firearm capable of being concealed upon the person." (b) As used in this title, "firearm" means any device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of any explosion or other form of combustion…(f) Nothing shall prevent a device defined as a "handgun," "pistol," "revolver," or "firearm capable of being concealed upon the person" from also being found to be a short-barreled shotgun or a short-barreled rifle, as defined in [Penal Code] Section 12020.")
See also People v. Heffner (1977) 70 Cal.App.3d 643. ("The hand-held Taser weapon (whose projectiles are barbed contactors that, fired through twin barrels less than 12 inches in length, remain connected by wire to batteries in the expendable cassettes with which the weapon is loaded, thereby incapacitating a human target by pulsed, low-amperage current) is a "firearm capable of being concealed upon the person" within the definition thereof in Penal Code, § 12001.")
17California Penal Code 12001 PC -- Definition of firearms. ("(g) For purposes of [California Penal Code] Sections 12551 and 12552, the term "BB device" means any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun.") This definition makes reference to specific penal code sections that deal with minors and firearms and only includes BB guns and pellet guns as firearms in those sections. Since these weapons rely on the force of air pressure and not combustion, they do not qualify as firearms under Penal Code 12025 PC, California’s "carrying a concealed weapon on your person or in a vehicle" law.
18People v. Dunn (1976) 61 Cal.App.3d Supp. 12, 14. ("We hold that the Legislature intended to proscribe the carrying of concealed weapons by both men and women and that a handgun concealed in a suitcase and carried by appellant is sufficiently ‘upon his person’ to constitute a violation of [Penal Code] section 12025 [California’s "carrying a concealed weapon on your person or in a vehicle" law]… While our research reveals no California case directly on point, we find a New York Court of Appeals case, People v. Pugach (1964) 15 N.Y.2d 65, 255 N.Y.S.2d 833, 204 N.E.2d 176 to be persuasive. Pugach is legally on all fours with the instant case. In Pugach a loaded gun was found inside a brief case carried by defendant. The New York court saw no significance in ‘(t)he fact that the loaded gun was found concealed in the brief case, rather than in a pocket of defendant's clothing, . . .’ The court declared that a ‘loaded firearm concealed in the brief case carried in the hands of the defendant was in the language of the statute ‘concealed upon his person’ (Penal Law, s 1897).' (255 N.Y.S.2d at p. 836, 204 N.E.2d p. 178.)")
19California Penal Code 12026.1 PC -- Authority to transport or carry concealable firearms. ("(a) [Penal Code] Section 12025 [California’s "carrying a concealed weapon on your person or in a vehicle" law] shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm: (1) The firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container in the vehicle other than the utility or glove compartment. (2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container. (b) The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with this chapter. (c) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.")
20People v. Superior Court (1969) 2 Cal.App.3d 197, 202. ("…the burden of proof is upon the carrier of such a weapon [that is, a concealed weapon under Penal Code 12025 PC] to show his license to carry it. (People v. Williams, 184 Cal.App.2d 673, 675, 7 Cal.Rptr. 604.) The fact that the arresting officer may have been mistaken in his subjective intent regarding the arrest is without legal consequence. (See People v. Wright, 273 A.C.A. 356, 366, 78 Cal.Rptr. 75.)
Additionally, Penal Code 12050 PC and its related sections set forth the requirements for CCW permits and licenses.
21California Penal Code 12026 PC -- Persons exempt; weapons at residence, place of business, or private property owned or possessed by citizen. ("(a) [Penal Code] Section 12025 [California’s "carrying a concealed weapon on your person or in a vehicle" law] shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident any pistol, revolver, or other firearm capable of being concealed upon the person. (b) No permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, to purchase, own, possess, keep, or carry, either openly or concealed, a pistol, revolver, or other firearm capable of being concealed upon the person within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident. (c) Nothing in this section shall be construed as affecting the application of Section 12031.")
22People v. Wooten (1985) 168 Cal.App.3d 168, 173. ("The clear legislative purpose of [Penal Code] section 12025 is to prohibit the carrying around of concealed weapons. Section 12026 provides an exception for possession in one's residence or place of business. The natural meaning of the term "place of business" is a fixed location, simply because almost all businesses are conducted in some office, store or other building. When a business is mobile, one generally says that the business is not conducted in any particular place, but in an area. Giving Penal Code section 12026 the broad meaning advocated by defendant would render it meaningless. Salesmen, truck drivers, delivery persons-in short, anyone whose business puts them in transit-could use section 12026 to justify an exemption from [Penal Code] section 12025 [California’s "carrying a concealed weapon on your person or in a vehicle" law].")
See also People v. Marotta 128 Cal.App.3d Supp. 1,4. ("The cause was submitted on a written stipulation that defendant possessed a loaded .25 caliber automatic pistol on the floorboard of his taxicab, which cab he was operating under a lease he secured that evening from Speedy Cab Company. Defendant carried the weapon for protection while operating the taxicab, and had no license to carry it. The court found defendant guilty on all counts, and imposed a probationary sentence. Defendant appeals the conviction, asserting the same issue he presented to the trial court: that he was entitled to keep the pistol in his "place of business"-his taxicab-under the provisions of Penal Code section 12031, subdivision (h). We agree with defendant's contention and reverse the conviction.")
23Your Fourth Amendment constitutional rights protect you from unreasonable searches and seizures. If an officer searches you, your car, your business, or your home without a valid California search warrant or probable cause, that officer may violate your Fourth Amendment rights.
24California Penal Code 12025.5 PC -- Justifiable violation of § 12025. ("(a) A violation of [Penal Code] Section 12025 [California’s "carrying a concealed weapon on your person or in a vehicle" law] is justifiable when a person who possesses a firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety. This section may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person's life or safety. It is not the intent of the Legislature to limit, restrict, or narrow the application of current statutory or judicial authority to apply this or other justifications to defendants charged with violating [Penal Code] Section 12025 or of committing other similar offenses. (b) Upon trial for violating [Penal Code] Section 12025, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger.")
25Orange County criminal defense attorney John Murray represents clients accused of violating California’s gun laws throughout Orange County, including Fullerton, Anaheim, Santa Ana, Irvine and Westminster.
26California Penal Code 12027 PC.
27California Penal Code 12025 PC -- Carrying a concealed weapon on your person or in a vehicle. ("(7) In all cases other than those specified in subparagraphs (1) to (6), inclusive, by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.")
28California Penal Code 12025 PC -- Carrying a concealed weapon on your person or in a vehicle. ("(5) Where the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine. (6) By imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment if both of the following conditions are met: (A) Both the pistol, revolver, or other firearm capable of being concealed upon the person [in violation of Penal Code 12025 PC, California’s "carrying a concealed weapon on your person or in a vehicle" law] and the unexpended ammunition capable of being discharged from that firearm are either in the immediate possession of the person or readily accessible to that person, or the pistol, revolver, or other firearm capable of being concealed upon the person is loaded as defined in subdivision (g) of Section 12031. (B) The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106, as the registered owner of that pistol, revolver, or other firearm capable of being concealed upon the person.")
29See same. See also California Penal Code 18 PC -- Punishment for felony not otherwise prescribed; alternate sentence to county jail. ("Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony, or to be punishable by imprisonment in a state prison, is punishable by imprisonment in any of the state prisons for 16 months, or two or three years; provided, however, every offense which is prescribed by any law of the state to be a felony punishable by imprisonment in any of the state prisons or by a fine, but without an alternate sentence to the county jail, may be punishable by imprisonment in the county jail not exceeding one year or by a fine, or by both.")
30California Penal Code 12025 PC -- Carrying a concealed weapon on your person or in a vehicle. ("(b) Carrying a concealed firearm in violation of this section is punishable, as follows: (1) Where the person previously has been convicted of any felony, or of any crime made punishable by this chapter, as a felony. (2) Where the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony. (3) Where the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony. (4) Where the person is not in lawful possession of the firearm, as defined in this section, or the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony…(g) For purposes of this section, "lawful possession of the firearm" means that the person who has possession or custody of the firearm either lawfully owns the firearm or has the permission of the lawful owner or a person who otherwise has apparent authority to possess or have custody of the firearm. A person who takes a firearm without the permission of the lawful owner or without the permission of a person who has lawful custody of the firearm does not have lawful possession of the firearm.")
See also California Penal Code 18, endnote 29, above.
See also California Penal Code 672 -- Offenses for which no fine prescribed; fine authorized in addition to imprisonment. ("Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.")
31 See California Penal Code 12025 PC Carrying a concealed weapon on your person or in a vehicle, endnote 29, above.
32People v. Schoppe-Rico (2006) 140 Cal.App.4th 1370, 1372. ("In the published portion of this opinion, we examine and interpret the street gang firearm possession statutes, and conclude, as a matter of first impression, that they do not require proof that the charged firearm possession was connected with the underlying gang participation…and at 1381…the Legislature intended the street gang firearms statutes to make it possible to convict active gang members of a felony whenever they are found in possession of a loaded or concealed firearm, even when the prosecution cannot establish any temporal or causal connection between the firearm possession and gang activity. ( Robles, supra, 23 Cal.4th at p. 1113, 99 Cal.Rptr.2d 120, 5 P.3d 176.)")
33California Penal Code 12025 PC -- Carrying a concealed weapon on your person or in your vehicle. ("(d)(1) Every person convicted under this section who previously has been convicted of a misdemeanor offense enumerated in [Penal Code] Section 12001.6 shall be punished by imprisonment in a county jail for at least three months and not exceeding six months, or, if granted probation, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for at least three months. (2) Every person convicted under this section who has previously been convicted of any felony, or of any crime made punishable by this chapter, if probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.")
34California Penal Code 12028 PC -- Firearms and other weapons as nuisance; surrender of weapon…("(a) The unlawful concealed carrying upon the person of any explosive substance, other than fixed ammunition, dirk, or dagger, as provided in Section 12020, the unlawful carrying of any handguns in violation of [Penal Code] Section 12025 [California’s "carrying a concealed weapon on your person or in a vehicle" law], and the unlawful possession or carrying of any item in violation of Section 653k is a nuisance.")
358 U.S. Code Section 1227 -- Deportable aliens. ("(a) Classes of deportable aliens. Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens…(2) Criminal offenses…(C) Certain firearm offenses -- Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18) in violation of any law is deportable.") Because Penal Code 12025 PC involves carrying a firearm, it is a California crime that can lead to deportation.
36California Penal Code 1203.4 PC -- Change of plea. This section outlines the procedures by which a defendant can expunge his California Penal Code 12025 PC "carrying a concealed weapon on your person or in a vehicle" conviction from his criminal record.
37California Penal Code 1203.4 PC -- Change of plea. ("Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Section 12021.")
38California Penal Code 12021 PC -- Felon with a firearm. ("(e) Any person who (1) is alleged to have committed an offense listed in…subdivision (a) of Section 12025…and (2) is subsequently adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in…subdivision (a) of [Penal Code] Section 12025 [California’s "carrying a concealed weapon on your person or in a vehicle" law]…shall not own, or have in his or her possession or under his or her custody or control, any firearm until the age of 30 years.")
39See same. ("(a)(1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country or of an offense enumerated in subdivision (a), (b), or (d) of Section 12001.6, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony.")
40California Penal Code 4852.17 PC -- ("Whenever a person is granted a full and unconditional pardon by the Governor, based upon a certificate of rehabilitation, the [California governor’s] pardon shall entitle the person to exercise thereafter all civil and political rights of citizenship, including but not limited to: (1) the right to vote; (2) the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored [by a governor’s pardon], and Sections 12001 and 12021 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon.")
See also California Penal Code 4854 PC -- Firearms; restoration of rights; exceptions. ("In the granting of a pardon to a person, the Governor may provide that the person is entitled to exercise the right to own, possess and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 12001 and 12021 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon.")
41CALJIC 17.16 -- Personal use of a dangerous or deadly weapon. ["A deadly or dangerous weapon" means any weapon, instrument or object that is capable of being used to inflict great bodily injury or death[.]
See also People v. James (1978) 88 Cal.App.3d 150, 160. ([Refering to CALJIC 17.16] "This definition accords with prior case law defining deadly or dangerous weapon (see People v. Graham (1969) 71 Cal.2d 303, 327-328, 78 Cal.Rptr. 217, 455 P.2d 153; People v. Liner (1959) 168 Cal.App.2d 411, 414, 335 P.2d 964), and we believe it appropriately defines the terms…")
42California Penal Code 12022.7 -- Terms of imprisonment for persons inflicting great bodily injury while committing or attempting felony. ("(f) As used in this section, "great bodily injury" means a significant or substantial physical injury.")
43Please feel free to contact our Nevada criminal defense attorneys Michael Becker and Mike Castillo for any questions relating to Nevada’s firearm laws. Their Nevada law offices are located in Reno and Las Vegas.
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