California Concealed Carry Laws

Under California Penal Code §25400 PC, it is illegal to carry a concealed firearm on your person or in a vehicle unless you have a valid CCW permit. This crime may be charged as either a misdemeanor or a felony, making it a wobbler in certain circumstances.

It’s important to know that this crime is different than carrying a loaded firearm (California Penal Code §25850 PC) and openly carrying an unloaded firearm (California Penal Code §26350 PC), both of which are also illegal in California.

Also, carrying a gun in a public place is prohibited under Senate Bill 2, even with a CCW permit. This law was approved by the governor in 2023.

Exemptions from Concealed Carry Prosecution

Some people and situations are exempt from California’s CCW law. They include (but are not limited to):

  • Police officers who are active or retired
  • Licensed firearms dealers
  • Members of the U.S. military
  • Bank guards or messengers
  • Members of target shooting clubs and organizations
  • Licensed hunters and fishers who are transporting or using their weapons for recreational activities

Even in these situations, the guns must be unloaded and used only during certain activities. The complex nature of California gun charges makes it essential to talk to a CCW lawyer who can determine which exemptions might apply to your case.

Penalties for Carrying a Concealed Firearm in Oakland

You may be charged with a misdemeanor or a felony for carrying a concealed weapon. The level of offense depends on the circumstances of the crime. If you’re charged with a felony, you will face harsher penalties than you will with a misdemeanor.

First-Time Offense

If there are no aggravating circumstances and it is your first weapons offense, then you may face a misdemeanor charge. Penalties may include up to one year in jail and a fine of up to $1,000.

Subsequent Offenses

If you have been previously convicted of a misdemeanor crime against a person or property or of any narcotics or dangerous drug crime, you will still face a misdemeanor charge. This can result in up to one year in jail and a fine of up to $1,000.

Loaded Firearm Offense

If the gun you are carrying is loaded or can be readily loaded, and you are not listed as the registered owner of that firearm, then you will face a felony charge. Such a conviction can result in 16 months, two years, or three years in prison and a fine of up to $10,000.

Unlawful Possession or Street Gang Offenses

If you were not in lawful possession of the firearm or it was stolen, you will face a felony charge. Similarly, if you are known to be in a street gang and found to be in possession of a gun, then you will face a felony. The penalties include 16 months, two years, or three years in prison and a fine of up to $10,000.

Felony Conviction Consequences

There are certain situations where carrying a concealed weapon must be charged as a felony (called a “straight felony”) under California Penal Code §25400 PC. Those situations include when:

The consequences of a straight felony include probation and up to one year in county jail or a prison sentence of 16 months, two years, or three years, as well as a fine of up to $10,000.

Wobbler Consequences

Carrying a concealed firearm on your person or in your car may be a wobbler offense under California Penal Code §25400 when:

  • You were previously convicted of a misdemeanor crime against a person or property
  • You were previously convicted of a narcotics or dangerous drug crime
  • Your firearm is loaded (or ammunition is nearby) and you are not the registered owner of the gun

In these cases, the prosecutor will determine whether the charge should be filed as either a misdemeanor or a felony, depending on the circumstances of the offense and your criminal history.

Wobbler penalties for a misdemeanor include up to one year in county jail and a maximum fine of up to $1,000. If charged as a felony, you may face probation and up to one year in county jail or 16 months, two years, or three years in prison, as well as a $10,000 fine.

It’s imperative to talk to a concealed carry lawyer if you’re facing a wobbler offense. Your attorney can negotiate with the prosecution to get your charges reduced as much as possible.

Possible Defenses to a CCW Charge in Oakland

There are many legal defenses that you can use to fight a charge under California Penal Code §25400 PC. Some of the most common ones include:

You did not know you had a gun on you or in your car

PC 25400 requires that you know or should have known that a gun was in your possession or vehicle. If you did not realize the gun was in your presence, then you should not be convicted. Someone else may have placed the firearm in your jacket, purse, briefcase, or vehicle.

The gun was in your vehicle’s trunk or a locked container

If the firearm was in the trunk of your car or in a locked container within the car (excluding the glove box), and you are otherwise legally entitled to possess a firearm, then you may be exempt from a conviction under PC 25400.

You have a CCW license

If you have a CCW permit, then carrying a gun is legal in California. However, you bear the burden of proving that you have a valid license.

To get a CCW permit in California, you must complete a firearms training course and submit to a background check. You must also submit your CCW permit application to a local law enforcement agency or sheriff’s office.

The firearm was in your home or business.

You are permitted to own or possess a gun in your own home or a business that you own. It’s important to note that this does not generally apply to people who live and work in their vehicles. However, taxi-cab drivers may keep hidden weapons in their cars without violating California’s CCW law.

The police violated your Constitutional rights

If the police obtained your gun through an illegal search and seizure that violated your Fourth Amendment Constitutional rights, then that piece of evidence may be excluded or thrown out of court. The prosecution may be forced to dismiss their case without key evidence.

California Concealed Carry FAQs

Can I be convicted if the concealed weapon did not work?

Yes, you can still be convicted of violating California Penal Code §25400 if the firearm is not functional.

Can I expunge my CCW conviction?

You can only expunge your CCW conviction if you are granted probation and you have successfully completed the probationary period or have it terminated early.

Will I be able to possess a firearm after a conviction?

If you are convicted of a CCW misdemeanor, then you may be able to own a firearm at a later date. However, if you are convicted of a CCW felony, you may be subject to a lifetime ban from owning or possessing a gun in California unless your rights are restored.

Contact an Oakland Concealed Weapons Lawyer for Help with Your Case

If you have been charged with carrying a concealed weapon, you have a lot at stake. Whether you’re facing a misdemeanor or a felony, you may end up in jail and with significant fines. However, with the help of a concealed carry lawyer at Morris Law, you may be able to avoid the harshest consequences.

Call us today at 510-330-0814 or use our online contact form to reach out for a consultation of your case.