Carrying a Concealed Weapon Laws – California Penal Code Section 25400
As far as gun rights go, as more and more shootings and crimes are being committed with guns, the legislature, the police, the prosecutors and the courts continue to get tougher and tougher on the rules related carrying firearms around on your person, in your car and in any other situation. Carrying a concealed weapon is covered under California Penal Code 25400.
If you have a gun in your car and you’re moving it, the rules are very clear. The gun and the bullets must be kept separately in locked different areas. I’ve handled all kinds of cases related to carrying concealed weapons and a lot of 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 laying in the car and 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 do is get a permit to carry a gun around.
Unfortunately, in San Fernando Valley, this is extremely difficult to get. Other counties, like Ventura County for example, it may be a little bit easier. But again, as the noose tightens more and more in relation to gun control, it is much more difficult to get a carry permit anywhere in California.
Gun in Airport – Concealed Weapon
I’m seeing more and more that people are attempting to carry guns through airports onto airplanes and are being detained and arrested. Most of the cases that I see filed in relation to this, the people simply forgot they had a gun with and then they try and go through the metal detector at the airport and they’re promptly arrested and sent into court.
It it’s at LAX Airport, then the airport court will be the one that handles the case. And obviously, depending on the circumstances surrounding the gun, the prosecutors will treat the case accordingly.
As long as they don’t think anything as sinister is going on with a gun, most of the times I can get a misdemeanor and maybe even some sort of a diversionary program, depending on the person’s record, character, etc.
The bottom line is you can’t carry a gun through an airport and you should take all precautions as it relates to this, because they must take these types of cases seriously.
Gang Member with a Gun in San Fernando Valley
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 as it relates to guns, because they’re using them to shoot other gang members, shoot members of the public, and to 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’re going to deal with gang members and guns, and most of the time they’re attempting to seek long prison sentences when they find a gang member with a gun.
Special Prosecutors for Concealed Weapon Cases
In San Fernando and Van Nuys, Ca because of the gun issues and the crimes that are being committed with guns, both the City Attorney’s Office and the District Attorney’s Office have special prosecutors who prosecute gun cases.
Any time 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 type 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 serious case and 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 Carrying a Concealed Weapon in California
In order to charge somebody with a felony, the person is going to have to either be 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 that is being placed on them.
Most times if you’re carrying a concealed weapon and you don’t have some criminal 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 for Carrying a Concealed Weapon Case
What I like to do in these cases is have you come in and sit down with me. We’ll meet face-to-face and we’ll go over the facts of your case. What I’m going to be looking at is what type of a person are you? 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 type of 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 in relation to the possession of a gun, then they’re going to try to throw the book at you, take your gun rights away and put you in custody.
If, on the other hand, we can show that you’re not up to no good, that you lawfully have the gun and that you don’t have some illicit or criminal purpose, then a lot of times we can save your career, we can keep you out of custody, we can preserve your reputation and we can preserve your criminal record.
You have to come in, sit down face-to-face with me at the Hedding Law Firm, give me an honest rendition of what happened, and then we will design the plan to get you out of the criminal justice system as quick as possible, preserve your rights the best we can and, of course, preserve your freedom.
Categorised in: Criminal Defense