Understanding Unlawful Carry of a Handgun in California
Carrying a handgun without the proper permit or in violation of California law can lead to serious criminal charges under Penal Code § 25400. Whether you’ve been accused of carrying concealed or loaded—open or hidden—without a valid CCW permit, it’s vital to understand the law, potential penalties, and your defenses.
What Is “Unlawful Carry of a Handgun” in California?
Under Penal Code § 25400, it is unlawful to carry a concealed handgun on your person or within a vehicle—loaded or unloaded—unless you hold a valid Concealed Carry Weapon (CCW) permit issued by the county sheriff or police chief.
Concealed Carry is defined as the act of carrying a firearm in a manner that is not openly visible to others. Under California Penal Code § 25400, it is illegal to carry a concealed firearm on your person or within a vehicle without a valid concealed carry weapon (CCW) permit.
Specifically, the law prohibits:
- Carrying a concealed firearm within any vehicle under your control or direction.
- Carrying a concealed firearm upon your person.
- Causing a concealed firearm to be carried within any vehicle in which you are an occupant.
A firearm is considered "concealed" if it is hidden from plain view, even if partially visible, such as being tucked under clothing or inside a bag.
Violations of this law can result in misdemeanor or felony charges. Penalties may include imprisonment and fines.
Penalties for Unlawful Carry (PC 25400)
Unlawful carry of a handgun is usually charged as a misdemeanor, but can be elevated to a wobbler or enhanceable offense if aggravating factors apply:
Simple Unlawful Concealed Carry can result in up to 1 year county jail and a fine up to $1,000
Unlawful Carry by Felon carries a mandatory 16 months and up to 3 years in prison
Loaded Handgun in Vehicle can result in up to 6 months jail and a fine up to $1,000
Additional sentencing enhancements may apply to prohibited carry in a sensitive location
Collateral Consequences:
- Revocation or denial of any future CCW application
- Firearm prohibition for up to 10 years (or life, for felons)
- Forfeiture of weapons and related gear
- Permanent criminal record impacting employment, housing, and civil rights
Frequently Asked Questions
Q: Can I keep my handgun unloaded in the glove box?
A: Only if it is not readily accessible (e.g., locked container or trunk). Otherwise, it may still be considered “within reach” and concealed.
Q: Does California recognize out-of-state CCW permits?
A: Very limited reciprocity exists; most out-of-state permits are not valid here.
Q: What should I do if stopped with my handgun?
A: Remain silent, do not consent to a search, and contact a criminal defense attorney immediately.
Common Defenses to PC 25400 Charges
A skilled defense attorney will explore multiple angles, such as:
- Invalid or Overbroad Search
- Was the search warrantless?
- Did law enforcement exceed the scope of a valid stop or search?
- Lack of Concealment or Reachability
- Was the weapon truly concealed or within immediate reach?
- Was it stored in a locked container or trunk?
- Legal Exemption
- Do you qualify under an exemption (e.g., retired law enforcement)?
- Are you an out-of-state permit holder under reciprocity?
- Mistaken Identity of Firearm
- Was the object a replica, unloaded, or otherwise not a “handgun”?
- No Criminal Intent
- Did you reasonably believe you were carrying legally?
- Can you show honest mistake or misunderstanding of the law?