Carrying a Concealed Firearm
Are you facing charges for carrying a concealed firearm Los Angeles?
Pursuant to California Penal Code Section 25400 it is a crime to carry a concealed firearm on your person or in your vehicle.
It is important to note that California sheriffs may issue concealed carry permits to California residents who can show “good cause" and have completed the appropriate training. If you have not been issued a concealed carry permit it is a crime to carry a concealed firearm.
Carrying a concealed firearm is a serious offense, and should not be taken lightly. If you are facing charges for carrying a concealed firearm in Los Angeles, or the surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134.
Los Angeles Criminal Defense Lawyer Miles Booth
How does the prosecution prove that I am guilty of Carrying a concealed firearm?
CALCRIM 2520 lays out the elements that the prosecutor must prove for you to be found guilty of Carrying a Concealed Firearm in California. To be convicted of carrying a concealed firearm under Penal Code Section 25850 the prosecutor must prove beyond a reasonable doubt that you;
- Carried a ﬁrearm on your person that was capable of being concealed;
- You knew that you were carrying a ﬁrearm; and
- The firearm was substantially concealed on your person
Lets take a closer look at how the court defines these elements;
The court defines a ﬁrearm as any device designed to be used as a weapon, from which a projectile is expelled or discharged through a barrel by the force of an explosion or other form of combustion. A BB gun or pellet gun is not considered a firearm for purposes of this statute.
To be charged under Penal Code Section 25400 you must be carrying a concealed firearm. Carrying a weapon in plain view will not lead to charges under this particular statute. However, if you are carrying a weapon in plain view you may be in violation of California Penal Code Section 26350, which prohibits you from openly carrying an exposed and unloaded handgun in a public place outside a vehicle.
So long as the firearm is at least partially concealed, you may be liable for carrying a concealed firearm under California Penal Code Section 25400. This is true even if the gun is visible to others.
Carried on Your Person
To be considered on your person the firearm must only be in your actual possession. This means that regardless of whether the gun is in your waistband or inside a duffle bag that you are holding, you can be charged with carrying a concealed firearm.
How can I defend myself against charges for Carrying a concealed firearm?
Being charged with Carrying a concealed Firearm can be overwhelming. These charges are aggressively prosecuted and your freedom is in jeopardy. A skilled Los Angeles criminal defense attorney can be your greatest asset in fighting these charges, restoring your good name, and protecting your liberty.
Some of the most common legal defenses to a Carrying a Loaded Firearm charge are that;
- You did not know that you were carrying the firearm
- The firearm was in the trunk or a locked container in your car
- You have a concealed carry license
- The firearm was in your home or place of business
- You fall into an exempt category which protects you from prosecution, such as a police officer, member of the military, or security guard
- You were carrying the firearm for self-defense
- The firearm was uncovered due to an illegal search and seizure
Just because you have been accused of carrying a concealed firearm does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth, to discuss how to best defend your case.
What are the Penalties for a Carrying a Concealed Firearm conviction?
Misdemeanor Carrying a Concealed Firearm
Carrying a concealed firearm is generally a misdemeanor offense, unless specific aggravating factors apply. A Misdemeanor carrying a concealed firearm conviction may result in;
- Probation; and
- Up to one year in county jail; and/or
- A fine of up to $1,000
Felony Carrying a Concealed Firearm
You will be charged with Felony carrying a concealed firearm if;
- You have a prior felony or firearm conviction
- You are a member of a street gang
- The firearm was stolen and you knew, or had reason to know it was stolen
- You were legally prohibited from possessing the firearm
A Felony carrying a concealed firearm conviction may result in;
- Felony Probation; or
- 16 months, 2 years or 3 years, in custody; and/or
- A fine of up to $10,000
Additionally, carrying a concealed firearm can become a “wobbler” offense, which means it can be prosecuted as either a felony or a misdemeanor if certain aggravating circumstances exist. These circumstances include;
- A prior misdemeanor conviction against either a person or property; or
- A prior misdemeanor conviction involving a narcotic or dangerous drug; or
- If the gun was not registered to you with the Department of Justice
Note: if you have a prior conviction for assault with a deadly weapon under Penal Code Section 245a1, brandishing a weapon under Penal Code Section 417, or shooting into an inhabited dwelling under Penal Code Section 246 you will be required to serve a minimum of 90 days in custody.
Contact Los Angeles Criminal defense attorney miles booth
A conviction for carrying a concealed firearm in Los Angeles can have serious consequences. Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy. It is foolish to fight these cases alone. It is important to have a skilled Los Angeles criminal defense attorney by your side.
As a former prosecutor, Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. He has handled thousands of cases throughout Los Angeles County and will aggressively defend you to get the best outcome possible.
To learn more about your options going forward, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.
- Felon With a Firearm
- Brandishing a Weapon
- Carrying a Loaded Firearm
- Carrying a Concealed Firearm
- Negligent Discharge of a Firearm
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Criminal Defense Lawyer
Contact Miles Booth
Los Angeles Criminal Defense Lawyer
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