Let's delve into the California Penal Code 25400 PC - Carrying a Concealed Weapon. In the current climate of increasing gun-related crimes, the laws governing the possession of firearms are becoming increasingly stringent. Whether it's on your person, in your car, or any other situation, the act of carrying a concealed weapon is a serious offense under California Penal Code 25400 PC.
If you have a gun in your car and move it, the rules are obvious. The gun and the bullets must be kept separately in different locked areas. I've handled all kinds of cases related to carrying concealed weapons, and many times, people are sloppy and lazy because they're coming from a shooting range or they've got some other reason why they've got their gun lying in the car. Then they get pulled over by the police, and the police don't mess around.
As soon as they smell or see a gun, that's it. They're going to get the person out and arrest them. Another thing that people attempt to get is a permit to carry a gun around.
Unfortunately, obtaining a carry permit in Los Angeles County is extremely difficult. In other counties, such as Ventura County, it may be slightly easier. However, with the increasing focus on gun control, obtaining a carry permit anywhere in California is becoming more challenging. The process involves [insert details about the application process, eligibility criteria, and potential reasons for denial].
Gun in Airport – Concealed Weapon
More and more people are attempting to carry guns through airports onto airplanes and are being detained and arrested. In most cases, the individuals simply forget they have a gun with them and then try to pass through the airport's security measures. This can lead to serious consequences, including [insert details about potential charges, penalties, and legal process].
If it's at the LAX Airport, the airport court will handle the case. Depending on the gun's circumstances, the prosecutors will treat the patient accordingly.
As long as the situation is not deemed as sinister, the individual may be eligible for a misdemeanor charge and possibly even a diversionary program. Diversionary programs can include [insert examples of diversionary programs, such as community service or counseling]. The bottom line is that carrying a gun through an airport is a serious offense, and individuals should take all precautions to avoid it.
Gang Member with a Gun
If a gang member is caught with a gun and the police and prosecutors believe that they are up to no good, they will try and send that gang member to prison. Gang members are probably the most egregious individuals related to guns because they're using them to shoot other gang members, shoot members of the public, and commit drug and other violent crimes.
Therefore, the prosecutors and police and even legislature and judges have their marching orders as far as how they will deal with gang members and guns. Most of the time, they're attempting to seek lengthy prison sentences when they find a gang member with a gun.
Special Prosecutors for Concealed Weapon Cases
In Los Angeles, San Fernando, and Van Nuys, CA, both the City Attorney's Office and the District Attorney's Office have special prosecutors who prosecute gun cases because of gun issues and the crimes committed with guns.
Whenever I have a misdemeanor gun case, I always see a specially assigned City Attorney on it with specific marching orders by the head City Attorney to deal with these types of cases harshly.
They are typically seeking jail sentences and prohibitions against whoever was illegally caught with a concealed firearm where the person cannot have a gun for the entire probationary period. The Van Nuys District Attorney typically prosecutes felonies, which means if they've got a gun case, it's usually a severe case. They're looking at a prison sentence, and they want the person to serve 85% of that sentence based on the use of a gun.
The reason that they're so harsh when it comes to gun cases is because of all the political pressure that's being put on law enforcement and prosecutors based on the many shootings that are occurring across the country and because of how dangerous things are when a gun is involved in the commission of a crime.
Felony vs. Misdemeanor?
To charge somebody with a felony, the person will have to be either a convicted felon, in which case they are not allowed to possess a gun or ammunition, or the person would have to be a gang member or have a prior conviction for an illegal weapon.
Once again, the prosecutors and judges are very harsh with this, and if they can think of a way to charge somebody with a felony legally, they will do it as it relates to a gun because of all the political pressure placed on them.
Most times, if you're carrying a concealed weapon and don't have some illegal purpose behind it, they're going to charge it as a misdemeanor. But still, even with a misdemeanor, the person is looking at jail time because they don't want people concealing weapons and carrying them around because they can't tell what their purpose is and because it gives them an advantage over law enforcement who doesn't know who has a gun and who doesn't have a gun.
Best Strategy to Fight the Charges
In these cases, I like to have you come in and sit down with me. We'll meet face-to-face and go over the facts of your case. What I'm going to be looking at is what type of person you are. Do you have a job? Do you have a family? Do you have a prior criminal record? Can you get me character letters?
These are the things that will make a difference in the prosecutor and judge when deciding how to deal with you. Again, if they believe that you're up to no good about the possession of a gun, they will try to throw the book at you, take your gun rights away, and put you in custody.
If we can demonstrate that you're not a threat, that you lawfully possess the gun, and that you have no criminal intent, we can often achieve positive outcomes. With the right legal strategy, we can potentially save your career, keep you out of custody, and maintain your reputation and criminal record.
You have to come in, sit down face-to-face with me at the Hedding Law Firm, and give me an honest rendition of what happened. Then, we will design a plan to get you out of the criminal justice system as quickly as possible, preserve your rights as best we can, and, of course, keep your freedom.
