Carrying a Concealed Weapon – California Penal Code 25400

California has some of the strictest firearm laws in the country. Under California Penal Code 25400, it is illegal to carry a concealed firearm on your person or inside a vehicle without proper authorization.

A conviction may result in misdemeanor or felony penalties, incarceration, and loss of firearm rights.

If you are under investigation or have been arrested for carrying a concealed weapon in Los Angeles or elsewhere in California, it is critical to understand how this law works.

Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles.

To schedule a consultation, call (424) 372-3112 or use the contact form here.

What Is Penal Code 25400?

Penal Code 25400 makes it a crime to:

Carry a concealed firearm on your person
Carry a concealed firearm inside a vehicle under your control
Cause a concealed firearm to be carried in a vehicle where you are an occupant

The law applies to pistols, revolvers, and any firearm capable of being concealed on a person.

What Does “Concealed” Mean Under California Law?

A firearm does not have to be completely hidden to qualify as concealed.

A weapon is considered concealed if it is substantially hidden from ordinary view, even if part of it is visible.

Examples include:

A handgun tucked into a waistband with only the grip exposed
A firearm inside a purse, backpack, or briefcase
A gun under a car seat or inside a glove compartment

Even partial concealment can lead to charges.

Open Carry vs. Concealed Carry in California

Penal Code 25400 applies to concealed firearms.

Open carry of an unloaded firearm in public is generally prohibited under California Penal Code 26350.

California allows concealed carry only with a valid CCW (concealed carry weapon) permit issued by the county sheriff or local police chief.

What Must the Prosecutor Prove? (CALCRIM 2520)

To convict someone under PC 25400, the prosecution must prove:

You carried a firearm capable of being concealed
You knew you were carrying it
The firearm was substantially concealed

The knowledge requirement is critical. If you did not know the firearm was present, the prosecution may not be able to meet its burden.

When Is Penal Code 25400 a Felony?

PC 25400 is typically a misdemeanor. However, it becomes a felony (a “wobbler”) in certain circumstances.

You may face felony charges if:

You have a prior felony or firearm conviction
The firearm was stolen and you knew it
You are an active participant in a criminal street gang
You are prohibited from owning firearms under California Penal Code 29800

Penalties for Carrying a Concealed Firearm

Misdemeanor Penalties

Up to 1 year in county jail
Fine up to $1,000
Summary probation

Felony Penalties

Up to 3 years in county jail
Fine up to $10,000
Formal probation
Potential lifetime firearm ban

Additionally, federal law under 18 U.S.C. § 922(g) makes it a separate crime for certain prohibited individuals (including felons) to possess firearms or ammunition.

Common Related Charges

A concealed weapon arrest may also lead to:

Each charge carries separate penalties and defenses.

California Penal Code 417.4 is a serious felony offense that makes it illegal to draw or display a firearm in a threatening manner in the presence of a peace officer with the intent to resist or prevent arrest or detention.

Legal Defenses to Penal Code 25400 Charges

Every case depends on specific facts. Possible defenses include:

Lack of Knowledge

If someone else left a firearm in your vehicle without your knowledge, you may not be guilty.

Illegal Search and Seizure

If police conducted an unlawful traffic stop or search, the firearm may be suppressed under the Fourth Amendment.

Valid Concealed Carry Permit

If you had a valid CCW permit at the time of arrest, the charge may not apply.

Can a Concealed Weapon Charge Be Reduced or Dismissed?

In many cases, early legal intervention can result in:

Reduction from felony to misdemeanor
Diversion or alternative sentencing
Dismissal due to constitutional violations
Prefiling resolution before formal charges

The strategy depends on prior record, facts of the stop, and how the firearm was discovered.

Speak With a Los Angeles Criminal Defense Attorney

If you are accused of violating Penal Code 25400 in Los Angeles or Southern California, early representation can make a significant difference.

A confidential case evaluation can help you understand your exposure and the best strategy moving forward.

The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help. Schedule your consultation using the contact form or call us at (424) 372-3112.

Carrying a Concealed Weapon