California Penal Code § 25400 PC makes it a crime to carry a concealed firearm on your person or in a vehicle. Even if you have a CCW permit, carrying guns in most public places is prohibited.
Carrying a concealed gun is typically a misdemeanor punishable by up to one year in jail and/or $1,000. Though if you were not in lawful possession of the gun, the gun was stolen, or you were in a street gang, then violating 25400 PC becomes a felony with penalties of 16 months, two years, or three years in jail and/or up to $10,000.
Note that carrying a concealed firearm is a wobbler – meaning it can be charged as a misdemeanor or a felony – if either:
- You were previously convicted of a misdemeanor against a person or property or of a narcotics or dangerous drug crime; or
- The firearm was loaded (or could be readily loaded), and you are not listed as the registered owner with the Department of Justice.
In any case, carrying concealed without a permit carries a minimum three-month jail sentence if you have a prior conviction for a felony or any firearm offense.
Note that a 25400 PC charge is different from carrying a loaded firearm (25850 PC) and openly carrying an unloaded firearm (26350 PC).
In this article, our California criminal defense lawyers discuss what you need to know about carrying a concealed weapon. Click on a topic to jump to that section.
- 1. Elements of 25400 PC
- 2. Defenses
- 3. Exemptions
- 4. Penalties
- 5. Immigration Consequences
- 6. Expungements
- 7. Gun Rights
- 8. Constitutionality
- Additional Reading
1. Elements of 25400 PC
For you to be convicted of carrying a concealed weapon under Penal Code 25400 PC, prosecutors must prove beyond a reasonable doubt the following three elements of California Jury Instruction “CALCRIM” 2520:
- You concealed a firearm on your person or in a vehicle,
- You knew about the presence of the concealed gun, and
- The firearm was substantially concealed.1
Meaning of “Concealed”
25400 PC prohibits carrying a firearm that is largely hidden, even if the gun is still identifiable.
Examples: In one California 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 and suspected that the bulge was a gun, it was still deemed a hidden weapon.2
Similarly, in another case, an officer 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 hidden weapon.3
“Concealed carry” includes not only holding or carrying the gun on your person but also keeping it in your pocket or a purse, briefcase, or anything else you may be holding.
Firearms carried openly in belt holsters are not concealed weapons. Note, however, it is generally illegal under a separate statute to openly carry a gun in California.4
Applicable Firearms
25400 PC applies 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.
Therefore, you may not carry concealed either:
- pistols,
- revolvers,
- handguns,
- rifles (including short-barreled rifles), and
- shotguns (including short-barreled shotguns).
Pellet guns and BB guns, which rely on the force of air pressure and not combustion, do not qualify as firearms under the law.
The intent behind California gun laws such as 25400 PC is to protect society from the potential harm that seeing a concealed weapon might elicit. Therefore, prosecutors can charge you with CCW even if the gun is inoperable.5
25400 PC prohibits the concealed carry of firearms in California.
2. Defenses
Here at Shouse Law Group, we have represented literally thousands of people charged with gun crimes, including 25400 PC cases. In our experience, the following seven defenses have proven very effective with prosecutors, judges, and juries.
1) You Did Not Know You Were Carrying the Firearm
If you do not know or realize that you are in possession of a firearm, you are not guilty of violating 25400 PC. It could certainly be the case that somebody else – without you realizing it – placed a firearm in your:
- jacket,
- purse,
- briefcase or
- vehicle.
In these situations, we would search for video surveillance footage of and/or eyewitnesses to the guns being planted on you.
2) The Gun Was in the Trunk or a Locked Container in your Vehicle
As long as you can lawfully possess a gun, you are not guilty of carrying concealed in a vehicle as long as the firearm is in:
- the trunk of the car, or
- a locked container within the car (excluding the glove box).
In many cases, the police officer’s own dash cam or body cam footage can confirm that you did everything right.
For a more detailed discussion, see our article on how to transport firearms in a vehicle in California.6
3) You Have a License to Carry a Concealed Weapon
If you have a CCW permit, then carrying a gun generally does not violate 25400 PC. To prevail on this defense, you bear the burden of proving that you have a current and valid license.7
4) The Weapon Was within your Residence or Business
As long as you are otherwise entitled to own or possess a gun, you are free to carry a hidden firearm in:
- your own home or
- in a business that you own (as opposed to a place where you merely work).
This rule does not generally extend to people who live and/or work in their cars. However, it does allow taxi-cab drivers to keep hidden weapons within their vehicles without violating California’s CCW law.8
In these cases, we would try to show the D.A. that they have insufficient evidence that you carried the firearms outside of your home or office. If we succeed, they should dismiss your charge.
5) The Police Obtained the Weapon Through an Illegal Search and Seizure
Many weapons charges, including PC 25400 charges, arise after an officer stops a suspect for some type of investigation. Perhaps you:
- were speeding,
- had your car illegally parked, or
- matched the description of someone who was just accused of a crime.
As the officer is speaking with you or “patting you down,” they discover the concealed weapon.
An unreasonable search and seizure could destroy the prosecution’s evidence in a 25400 PC case.
In any event, your Fourth Amendment constitutional rights protect you from unreasonable searches and seizures. Before police can lawfully conduct 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), 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.
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.9
6) You Carried the Weapon in Self-Defense
You may be able to fight charges of carrying a concealed firearm by claiming self-defense. This defense applies 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.10
As criminal defense attorney John Murray explains,
“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.”
7) 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 under 24500 PC. These include (but are not limited to):
- peace officers (whether active or honorably retired),
- licensed firearms dealers,
- members of the U.S. military,
- bank guards or messengers,
- members of target shooting clubs or organizations, and
- licensed hunters/fishers who are using or transporting their weapons for these activities.11
Even the above exceptions contain conditions, such as that the gun be unloaded or used only during certain activities.
4. Penalties
The punishments for 25400 PC violations depend on the circumstances of the case and your criminal record, as the following table shows.
| Carrying a Concealed Firearm | California Penalties |
| No aggravating circumstances | Misdemeanor: Up to 1 year in jail (or summary probation) and/or $1,000. |
| You were previously convicted of a misdemeanor crime against a person or property or of a narcotics or dangerous drug crimeor Your firearm is loaded (or can be readily loaded), and you are not listed as the registered owner with the Department of Justice. | Misdemeanor: Up to 1 year in jail (or summary probation) and/or $1,000. or Felony: 16 months, 2 years, or 3 years in jail and $10,000. |
| You were not in lawful possession of the gun, the gun is stolen, or you are in a street gang. | Felony: 16 months, 2 years, or 3 years in jail and $10,000 |
Note that 25400 PC convictions carry a mandatory minimum three-month jail sentence if you have a prior conviction for any felony or gun crime. The jail sentence must be between three and six months if your prior conviction was for:
- assault with a deadly weapon (254a1 PC)
- shooting at an inhabited dwelling house or car (246 PC), or
- brandishing a weapon (417 PC),
However, courts can suspend the minimum jail sentence if granting probation would be in the interest of justice.
In addition to all of the above penalties, the police may confiscate your weapon.12
Open carry is also often illegal in California.
5. Immigration Consequences
If you are a lawful immigrant in California, a 25400 PC conviction could get you deported.13 For more information, please visit our articles on crimes that lead to deportation.
6. Expungements
If the judge grants you probation for carrying a concealed weapon in violation of 25400 PC, you may expunge your California criminal record once you
- successfully complete probation or
- have probation terminated early under 1203.3 PC.
An expungement clears the 25400 PC case from your background check. However, it does not restore your gun rights.14
7. Gun Rights
In California, a misdemeanor conviction of carrying a concealed weapon will not threaten your gun rights unless you are adjudged a ward of the juvenile court in the case. In that scenario, you may not own or possess a firearm until you are 30 years old.
Meanwhile, a felony 25400 PC conviction strips you of your gun rights for life. The ban applies both to adults and minors who were tried and convicted in criminal court.
However, if you were convicted of a felony as a wobbler (scroll up to section 4), you may be able to restore your gun rights by:
- petitioning the court to have your felony reduced to a misdemeanor and
- filing a petition to have the charge dismissed.
The only other way to restore your California gun rights following a felony conviction is through a Governor’s pardon.15
8. Constitutionality
In June of 2016, the federal 9th Circuit Court of Appeals ruled in Peruta v. San Diego that PC 25400 is constitutional. 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.
In California, the only way you can carry a firearm outside your home is by obtaining a concealed weapon license or permit. Before September of 2023, you had to show “good cause.” Opponents had argued that this requirement is unconstitutional, and the law was amended to conform with Supreme Court precedent.
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, 25400 PC 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 25400 PC.16
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:
- California Penal Code 25400 PC.
(a) A person is guilty of carrying a concealed firearm when the person does any of the following:
(1) Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries concealed upon the 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 the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.
(b) A firearm carried openly in a belt holster is not concealed within the meaning of this section.
(c) Carrying a concealed firearm in violation of this section is punishable as follows:
(1) If the person previously has been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, as a felony.
(2) If the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony.
(3) If 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) If the person is not in lawful possession of the firearm or the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony.
(5) If the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment pursuant to subdivision (h) of Section 1170, 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) If both of the following conditions are met, by imprisonment pursuant to subdivision (h) of Section 1170, 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:
(A) The pistol, revolver, or other firearm capable of being concealed upon the person is loaded, or both it and the unexpended ammunition capable of being discharged from it are in the immediate possession of the person or readily accessible to that person.
(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.
(7) In all cases other than those specified in paragraphs (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.
(d) (1) Every person convicted under this section who previously has been convicted of a misdemeanor offense enumerated in Section 23515 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 the person 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 a provision listed in Section 16580, if probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned in a county jail for not less than three months.
(e) The court shall apply the three-month minimum sentence as specified in subdivision (d), except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in subdivision (d) or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivision (d), in which case, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
(f) A peace officer may arrest a person for a violation of paragraph (6) of subdivision (c) if the peace officer has probable cause to believe that 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 the pistol, revolver, or other firearm capable of being concealed upon the person, and one or more of the conditions in subparagraph (A) of paragraph (6) of subdivision (c) is met.
- People v. May (1973) 33 Cal.App.3d 888.
- People v. Tarkington (1969) 273 Cal.App.2d 466.
- People v. Dunn (1976) 61 Cal.App.3d Supp. 12. 25850 PC & 26350(a) PC.
- 16530(a) PC. People v. Norton (1978) 80 Cal.App.3d Supp. 14. 16250 PC. People v. Marroquin (1989) 210 Cal.App.3d 77. Firearms 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 holds the mechanical parts of a gun and includes the trigger housing and bolt carrier group.
- 25610 PC. 16750(a) PC.
- People v. Superior Court (1969) 2 Cal.App.3d 197.
- 25605 PC. People v. Wooten (1985) 168 Cal.App.3d 168.
- See Terry v. Ohio (1968) 392 U.S. 1. Schneckloth v. Bustamonte (1973) 412 U.S. 218. Mapp v. Ohio (1961) 367 U.S. 643.
- 25600 PC.
- 25450 PC. 25615 PC. 25620 PC. 25630 PC. 25635 PC. 25640 PC.
- 25400 PC. 17 PC. 29900(a)(1) PC. 29905(a) PC. 18 PC. 25700 PC.
- 8 U.S. Code Section 1227(a)(2)(C).
- 1203.4 PC. See Consequences of a California Felony Conviction.
- 29820 PC. 29800 PC. 17(b) PC. 1203.4 PC & 1203.4a PC. How to Apply for a Pardon. 4852.17 PC & 4854 PC. Hannah Wiley, Newsom signs gun laws that add new taxes and limit where owners can carry firearms, Los Angeles Times (September 26, 2023). SB 2. 12022.7 PC.
- Peruta v. Cty. of San Diego (June 9, 2016) No. 10-56971. Hannah Wiley, California Democrats try again to rewrite concealed-carry gun law, Los Angeles Times (February 1, 2023); New York State Rifle & Pistol Assn. v. Bruen (2022) . 26150 PC.