California only allows concealed carry permits for “good cause.”
Under California law, it is a crime to carry a concealed weapon on your body or in a vehicle. Although in many states, concealed carry is permissible, California’s ban on concealed carry has been upheld by the Ninth Circuit Court of Appeals, which found that the Second Amendment does not protect Californians’ right to carry concealed firearms. Because the Supreme Court has refused to hear an appeal of the case that challenged the concealed carry law, it is still on the booksThere is an exception, however, to this strict ban on concealed weapon in California. A sheriff in California may still issue a concealed carry permit to a law-abiding gun owner who can show “good cause” to have such a permit. But this good cause must be more than just a general concern for personal safety.
In order to be convicted of the charge of carrying a concealed firearm in California, a prosecutor must show that you (1) concealed a firearm on your person or in a vehicle; (2) you knew about the presence of the concealed firearm; and (3) the firearm was substantially concealed. Importantly, this law only makes it illegal to carry a concealed firearm; if you carry a gun in plain view, you will not be charged with carrying a concealed weapon (but might be charged with a different crime, depending on the facts of your case).
Carrying a concealed firearm is typically charged as a misdemeanor offense, with potential penalties of up to one year in county jail and/or a fine of up to $1,000. However, depending on the facts of your particular case, it may be charged as a felony. For example, if you have a felony conviction, the firearm was stolen, you are an active participant in a criminal street gang, or if you are prohibited from owning or possessing a firearm, it could be charged as a felony. In that situation, the penalty could be probation with up to one year of county jail, or as much as three years in county jail, plus a fine of up to $10,000.
A skilled Los Angeles criminal defense attorney can present several defenses to a charge of carrying a concealed firearm. For example, your lawyer could argue that you did not know that you were carrying a firearm, particularly if the gun was in your vehicle that someone else had used. If the firearm was in the trunk or a locked container of your vehicle, other than the glove box, that is also a potential defense that your Los Angeles criminal defense attorney can use to defend you. There are also specific exemptions from the concealed firearms statue; if you fall into a certain category, then you may not be prosecuted under this law. This includes (but is not limited to) peace officers, members of the military, and licensed hunters and fishers who are transporting their weapons to hunt or fish.
A charge of carrying a concealed firearm can have serious consequences on your life. However, an experienced Los Angeles criminal defense attorney can defend you against these charges and help protect your freedoms. If you have been charged with carrying a concealed firearm or any other criminal offense, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation, and learn more about how we can help you.
