Carrying a hidden firearm on your person or in a vehicle is illegal in California. Although concealed carry is legal in many states, the Ninth Circuit Court of Appeals affirmed California’s ban on concealed carry, ruling that the Second Amendment does not guarantee Californians’ freedom to carry hidden guns. The concealed carry statute is still in effect since the Supreme Court refused to hear an appeal of the lawsuit that challenged it.
However, there is an exemption to California’s severe concealed firearm ban. A California sheriff may still give a concealed carry permit to a law-abiding gun owner who can demonstrate “good cause.” This noble objective, however, must be more than a generic concern for personal protection.
How good cause works
A prosecution must prove that you (1) concealed a handgun on your person or in a vehicle; (2) you were aware of the presence of the hidden firearm; and (3) the firearm was substantially concealed in order to be convicted of carrying a concealed firearm in California. Importantly, this rule simply makes it unlawful to carry a concealed handgun; you will not be charged with carrying a concealed weapon if you carry a gun in plain sight (but might be charged with a different crime, depending on the facts of your case).
Charges for concealed carry
Carrying a hidden handgun is usually classified as a misdemeanor, punishable by up to a year in county prison and/or a fine of up to $1,000. It may, however, be prosecuted as a felony based on the facts of your case.
It might be prosecuted as a felony if you have a felony record, the firearm was stolen, you are an active member of a criminal street gang, or you are forbidden from owning or carrying a handgun. Probation with up to one year in county prison, or up to three years in county jail, with a fine of up to $10,000, might be the sentence in such circumstance.
Call an attorney for help today
An experienced criminal defense attorney can provide many defenses to a charge of concealing a handgun. For example, your lawyer may claim that you were unaware that you were in possession of a handgun, especially if the gun was in your vehicle and had been used by someone else. If the handgun was in the trunk or a lockable container of your car other than the glove box, your criminal defense attorney may be able to utilize it as a defense.
There are also particular exclusions to the concealed guns statute; if you fit into one of these categories, you may not be charged. This includes (but is not limited to) peace officers, military personnel, and licensed hunters and fishermen transporting their firearms for hunting or fishing.
Carrying a hidden weapon offense may have life-altering repercussions. A skilled Los Angeles criminal defense attorney, on the other hand, can assist you fight these charges and safeguard your rights. Chambers Law Firm will assist you if you have been charged with concealing a firearm or any other criminal conduct. To book a free first consultation and learn more about how we can help you, call 714-760-4088 now.
