You’re running late to meet a friend, toss your jacket in the back seat, and hop out of the car. You barely notice the police cruiser parked behind you until the officer walks up and asks if there’s a weapon in the vehicle. You say yes, it’s in the glovebox. You’ve never used or shown it to anyone and thought it was safely tucked away. But in California, that could lead to being charged with a serious gun crime under Penal Code 25400.
If you’ve been arrested or cited for carrying a concealed weapon in California, you’re likely wondering if you can legally carry a gun and what counts as “concealed.” We will break it down so you know what you’re facing and what you can do about it.
Is It Legal to Carry a Gun in California?
California has some of the strictest firearm laws in the country. It is generally legal to own a gun if you are over 21, pass a background check, and comply with state and federal restrictions. However, carrying a firearm outside your home or property, especially concealed, is heavily regulated.
Under California Penal Code § 25400, carrying a concealed firearm without a valid concealed carry weapon (CCW) permit is illegal in most situations. Even if the gun isn’t loaded or used, just having it hidden in your car or on your person may be enough for an arrest.
What the Law Says: PC 25400 Elements
To be convicted under the state’s concealed weapon statute, prosecutors must prove that:
- You carried a firearm on your person or in a vehicle,
- The firearm was substantially concealed, and
- You knew you were carrying the gun.
It doesn’t matter whether you intended to use it or whether the gun was loaded. The law focuses on concealment and the lack of a valid CCW permit. Even partial concealment, like a gun in a waistband covered by a shirt, can qualify. What matters is that an ordinary observer wouldn’t immediately recognize the item as a firearm.
What Is the Punishment for Carrying a Concealed Weapon in California?
Under most circumstances, carrying a concealed firearm is charged as a misdemeanor. But depending on the details of your case, it can quickly escalate to a felony. Here’s how the penalties break down:
- Misdemeanor—punishable by up to 1 year in county jail and a fine of up to $1,000; and
- Felony—punishable by 16 months, 2 years, or 3 years in jail or state prison.
You may face a felony charge if any of the following apply:
- You have a prior felony or firearm-related conviction;
- The firearm was stolen, and you knew or reasonably should have known it was stolen;
- You are an active gang participant; or
- You are legally prohibited from possessing a firearm due to a restraining order or prior offense.
Even a first-time offense can carry lasting consequences. That’s why it’s critical to understand your legal position and act quickly to protect your future.
Is 25400(a)(1) PC a Misdemeanor or Felony?
Whether your concealed firearm charge is a felony or misdemeanor depends entirely on your personal history and the facts of your case. 25400(a)(1) PC refers to carrying a concealed firearm on your person, and prosecutors may charge it as either a misdemeanor or felony. It may remain a misdemeanor if you can legally own a gun and have no prior convictions.
But if any aggravating factors apply—like a prior weapons charge or a stolen firearm—you could face felony-level consequences. And yes, that includes a permanent criminal record and loss of your gun rights.
How PC 25400 Plays Out in Everyday Life
Understanding how these charges play out in the real world helps, so let’s look at a few brief examples.
- Gun in a glovebox. A loaded handgun stored in a locked glovebox without a CCW permit can lead to a misdemeanor charge.
- Firearm under a car seat. Even if the gun is unloaded, having one under a car seat may count as “concealed in a vehicle.”
- Firearm tucked in waistband and covered by hoodie. Officers may charge you because the weapon is not visible to the public.
These cases show how quickly a misunderstanding or a small oversight can turn into a serious criminal allegation.
Defenses Against Carrying a Concealed Weapon in California
A strong defense can lead to the State reducing or dismissing the charges. These are some of the most effective legal defenses to a PC 25400 charge:
- You had a valid CCW permit. If you hold a concealed carry permit from California, the law may not apply.
- The firearm wasn’t concealed. If the gun was in plain view, such as on a car seat or in a holster, then it would not likely qualify as concealed.
- You didn’t know the firearm was there. For example, if you can show that someone else placed it in your bag or car and that you had no idea it was there, this can be a valid defense.
- Unlawful search or seizure. If the police found the weapon during an illegal stop or search, evidence, including the gun itself, can be suppressed. If the judge excludes enough critical evidence, the State’s case can become weak enough for a dismissal or reduction in charges.
Every case is different. The key is identifying weaknesses in the prosecution’s evidence and protecting your rights from the outset.
California’s Concealed Carry Laws Are Changing
California’s concealed carry laws are undergoing significant changes. In 2022, a U.S. Supreme Court ruling prompted California to revise its concealed carry rules, eliminating the “good cause” requirement. However, the state still maintains strict regulations regarding who can carry a concealed firearm, when they can carry it, and how.
If you’re seeking a CCW permit, you’ll still need to pass background checks, complete firearm safety training, and receive approval from your local issuing agency. Without a CCW, carrying a concealed gun remains a crime for most individuals.
Esfandi Law Group: Effective California Gun Charge Defense
At Esfandi Law Group, we bring over 23 years of criminal defense experience to the table. Led by Seppi Esfandi, a UCLA School of Law graduate and former public defender, we have successfully defended thousands of clients in gun-related cases throughout California.
We offer bilingual legal services, strategic defense plans, and personalized support to help clients facing criminal charges move forward with clarity. Whether you’ve been charged under PC 25400 or another firearm statute, we understand the stakes and are ready to fight for your future.
The right defense begins with understanding where you stand and what the law actually says.
Let’s talk through your options and fight for the outcome you deserve. Contact us today for a free consultation.
Resources:
- CalCrim 2520: Jury Instructions. California Judicial Branch, link.
- Firearm Safety Certificate & FAQs. California Attorney General’s Office, link.
- State Gun Laws: California. NRA-ILA, link.
- Concealed Firearms License 2021 Summary. California DOJ, link.
- Firearm Prohibitions in California. Giffords Law Center, link.
