§ 25400 PC – Carrying a Concealed Weapon – California Law

An unreasonable search and seizure could destroy the prosecution’s evidence in a PC 25400 case.

In any event, your Fourth Amendment constitutional rights protect you from unreasonable searches and seizures.²⁹ If an officer searches you, your car, your business, or your home without a valid search warrant or probable cause, that officer may violate your Fourth Amendment rights.

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 officer nonetheless chooses to search your car and finds an illegal weapon in the glove box.

Given these facts, the officer probably lacks the authority to search your car. This is because before the police officer can lawfully conduct such a search, they must have:

• probable cause to search (that is, a reasonable belief that you are engaged in criminal activity or pose a threat to officer safety),³⁰ or
• a valid search warrant authorizing them to search your person/property (the scope of which must be strictly adhered to), or
• your consent to conduct a search of your person/property.³¹

A weapon discovered and confiscated during an illegal search and seizure is inadmissible in court. So we would file a “motion to suppress” asking the judge to disregard the weapon as evidence. If the judge agrees, the D.A. may be left with too little evidence to prosecute.³²

You Carried the Weapon in Self-Defense

You may be able to fight charges of carrying a concealed firearm under California’s self-defense laws. These apply if you reasonably believe that:

1. your life is in “grave danger,”
2. because of other people’s specific threats or conduct which justified the basis for a court-ordered restraining order.³³

As criminal defense attorney John Murray explains,³⁴

“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.”

The Police Committed Misconduct

If an officer does any of the following, they are guilty of police misconduct:

• plants a weapon on your person or in your car;
• lies in their police report and says that the gun was hidden, when in fact it was carried openly;
• testifies falsely about the facts of your case;
• coerces your confession, or
• violates your civil rights in any other way.

If we suspect law enforcement officer misconduct such as this, we likely will run a Pitchess motion. This will allow you to see whether other people have made similar complaints about the officer in the past.

If we can establish that you are the victim, then:

• the prosecutor or judge may dismiss your PC 25400 charges, or
• a jury may find you not guilty at trial.

3. Exemptions

Some people are exempt from prosecution under California’s CCW law. These include (but are not limited to):

• peace officers (whether active or honorably retired),³⁵
• licensed firearms dealers,³⁶
• members of the U.S. military,³⁷
• bank guards or messengers,³⁸
• members of target shooting clubs or organizations,³⁹ and
• licensed hunters/fishers who are using or transporting their weapons for these activities.⁴⁰

Even the above exceptions contain conditions such as that the gun:

• be unloaded or
• be used only during certain activities.

4. Penalties

Misdemeanor Carrying a Concealed Firearm

Absent aggravating circumstances, CCW in violation of PC 25400 is a misdemeanor.⁴¹ The penalty for carrying a concealed weapon without a permit generally includes:

1. up to 1 year in county jail or misdemeanor (summary) probation, and/or
2. a maximum $1,000 fine.⁴²

When there are aggravating factors, however, a violation of PC 25400 becomes either a:

• “straight” felony, or
• “wobbler” offense.

“Straight” Felonies Under Penal Code 25400 PC

Carrying a concealed weapon must be charged as a felony (a “straight” felony)⁴³ if either:

• you have previously been convicted of a felony or any other California firearm offense,⁴⁴
• the firearm is stolen, and you knew, or had reasonable cause to believe, that it was stolen,⁴⁵
• you are an active participant in a criminal street gang,⁴⁶
• you are not in lawful possession of the firearm,⁴⁷
• you may not own or possess a firearm under PC 29800, California’s felon with a firearm law,⁴⁸ or
• you may not own or possess a firearm under PC 29900, for committing – or attempting to commit – a violent offense such as (but by no means limited to):
  • Murder,
  • Rape,
  • Lewd acts on a child,
  • Robbery,
  • Kidnapping, or
  • Carjacking.⁴⁹

Following a felony conviction for carrying a concealed firearm, you face the following consequences under PC 25400:

• probation with up to 1 year of county jail or 16 months, 2 years or 3 years in county jail; and/or
• a maximum $10,000 fine.⁵⁰

“Wobbler” Charges Under Penal Code 25400 PC

PC 25400 becomes a “wobbler” when:

• you were previously convicted of a misdemeanor crime against a person or property, or of a narcotics or dangerous drug crime,⁵¹ or
• your firearm was loaded (or you have the ammunition in a location that is readily accessible to you),⁵² and you are not listed as the registered owner with the DOJ.⁵³

By definition, a “wobbler” in California is an offense that prosecutors can file as either a misdemeanor or a felony.⁵⁴ The choice depends on:

1. the circumstances of the offense, and
2. your criminal history.

If your carrying a concealed firearm violation is charged as a misdemeanor, you face:

1. up to 1 year in county jail, and/or
2. a maximum $1,000 fine.⁵⁵

As a felony, the penalty for violating PC 25400 is:

1. probation with up to 1 year of county jail, or
2. 16 months, 2 years, or 3 years in county jail, and/or
3. a maximum $10,000 fine.⁵⁶

Prior Firearm Convictions

If you are convicted of any PC 25400 violation and you have previously been convicted of any felony or any other California firearm offense, you must serve a minimum three-month county jail sentence.⁵⁷

If you are convicted of any concealed firearm violation and you have previously been convicted of:

• Penal Code 245(a)(1) PC – assault with a deadly weapon,
• Penal Code 246 PC – shooting at an inhabited dwelling house or car, or
• Penal Code 417 PC – brandishing a weapon,

you must serve between three and six months in a county jail.⁵⁸

The only exception is the unusual case in which the interests of justice would be best served by:

• granting probation, and
• suspending the minimum jail time.⁵⁹

In addition to all of the above penalties, the police may confiscate your weapon.⁶⁰

5. Immigration Consequences

If you are a legal immigrant or legal alien, a PC 25400 conviction could additionally result in deportation.⁶¹ For more information about how California’s firearm laws affect aliens, please visit our articles on crimes that lead to deportation.

6. Expungements

If you are granted probation for a violation of Penal Code 25400 (carrying a concealed weapon), you may expunge your California criminal record once you:

• successfully complete the probationary period, or
• have it terminated early under PC 1203.3.⁶²

Expungement “erases” a conviction for many purposes, including most employment disclosures. It does not, however:

• permit you to own, possess, or have in your custody or control any firearm, or
• prevent your conviction under Section 29800.⁶³

Furthermore, the judge can deny you an expungement if you suffer a probation violation or failure to adhere to all the terms and conditions of probation.⁶⁴

7. Gun Rights

A misdemeanor conviction for carrying a hidden weapon in California will not by itself revoke your right to own or possess a firearm unless you are adjudged a ward of the juvenile court based on a misdemeanor conviction. In that case, you may not own or possess a firearm until you are 30 years of age.⁶⁵

A felony conviction for carrying a hidden firearm under PC 25400 subjects you to a lifetime ban from owning or possessing a gun in California unless your firearms rights are restored.⁶⁶ The ban applies both to:

• adults and
• minors who were convicted when tried as adults.⁶⁷

Reducing Felonies to Misdemeanors

If you are convicted of a felony as a wobbler, restoring your firearm rights is a two-step process:

1. petition the court to have your felony reduced to a misdemeanor⁶⁸ and
2. file a petition to have the charges dismissed.⁶⁹

Pardons

The only other way to restore your California gun rights is to obtain a Governor’s pardon through one of two methods:

1. If you still reside in California, by obtaining a certificate of rehabilitation, which automatically becomes an application for a pardon; or
2. If you no longer reside in California, by applying for a direct pardon from the Governor.⁷⁰

Note, however, that even a Governor’s pardon does not restore firearm rights to a felon if the felony involves the use of a dangerous weapon.⁷¹ A “dangerous weapon” is any weapon, instrument, or object that is capable of inflicting:

• great bodily injury or
• death.⁷²

Pistols, revolvers, or other firearms, therefore, qualify as dangerous weapons.⁷³

8. Constitutionality

In June of 2016, the federal 9th Circuit Court of Appeals ruled in Peruta v. San Diego that PC 25400 is constitutional.⁷⁴

Prior to that, a smaller panel of judges from the same court had ruled that California’s concealed carry laws violated the Second Amendment to the U.S. Constitution.⁷⁵

In California, the only way you can carry a firearm outside your home is by obtaining a concealed weapon license or permit under Penal Code 26150 PC. Prior to September of 2023, you had to show “good cause.”⁷⁶ Opponents had argued that this requirement is unconstitutional, and the law was amended to conform with Supreme Court precedent.⁷⁷

However, the federal court ruling in Peruta clarified that the Second Amendment does not protect the right to concealed weapons to the same extent it protects other firearms rights. Because the Supreme Court of the United States has declined to hear a challenge, PC 25400 is here to stay.

On July 27, 2022, the Honorable Steve White of the Sacramento Superior Court indicated in People of California v. Tony Diaz (docket number 21FE019850) that 25400(a)(1) is illegal. This case applies only to the jurisdiction under Sacramento Superior Court, and people are still advised to abide by PC 25400 for now.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Concealed carry bans and the American college campus: a law, social sciences, and policy perspective – Contemporary Justice Review.
• New evidence on the impact of concealed carry weapon laws on crime – International Review of Law and Economics.
• The Decision to Carry: The Effect of Crime on Concealed-Carry Applications – Journal of Human Resources.
• Concealed Carry through Common Use: Extending Heller’s Constitutional Construction – George Washington Law Review.
• Defiance, Concealed Carry, and Race – Law and Contemporary Problems.

Learn more about California gun laws.

Legal References: