You can exercise your right to remain silent if you are carrying a gun in the car.
California is one of the few states in the country with a ban on any type of concealed carry, including in cars. In 2016, a federal court upheld California’s concealed cary law. The United States Supreme Court has refused to hear a challenge to this holding. This means that the ban on concealed carry stands.
This is important when it comes to telling the police that you have a gun in your car — because in most cases, if you have a gun in your vehicle, you may be committing a crime. In California, carrying a concealed firearm on your person or in a vehicle is a crime. Under the California Penal Code, a person can be charged with carrying a concealed firearm when he or she:
- Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
- Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person.
- Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.
This crime is a misdemeanor offense, punishable by up to 1 year in county jail and/or a fine of $1,000. It may also be charged as a felony in some circumstances, including if you do not have lawful possession of the firearm, if you have a previous felony conviction, or are prohibited from possessing a firearm. In that case, carrying a concealed weapon is punishable by probation with up to 1 year of county jail, or 16 months to 3 years in county jail and/or a maximum fine of $10,000.
To be convicted of carrying a concealed firearm, a prosecutor must prove that you knew that you were carrying the weapon. If someone left the gun in you car without your knowledge, then you cannot be found guilty of the offense. You can also legally carry a firearm in your vehicle if it is inaccessible — if is unloaded and carried locked in the truck or in a locked container in the vehicle. Significantly, this law only applies to guns that can be concealed — not to rifles and shotguns. According to a criminal defense attorney Riverside, CA , all firearms, including rifles and shotguns, must still be transported unloaded.
So what do these laws mean when it comes to telling a police officer that you have a gun in the car? In short, you do not have to tell the police that you have a gun in the car because doing so may be a form of self-incrimination. Because it is generally a crime to carry a gun in your vehicle (unless you are legally carrying it as described above), you can exercise your right to remain silent.
If you are charged with carrying a concealed weapon, you will need an aggressive criminal defense attorney Riverside, CA to represent you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
