Is It a Felony to Carry a Concealed Firearm in Los Angeles
Carrying a concealed firearm in Los Angeles without proper legal authorization can lead to serious criminal charges; it could even be a felony. California has some of the strictest gun laws in the country and violating them can put your future at risk.
In this post, the Los Angeles criminal defense lawyers at Werksman Jackson & Quinn LLP explain how CCW laws in California work, what’s prohibited under Penal Code 25400, and how carrying a concealed firearm can become a felony offense. We’ll also break down the defenses available if you’ve been accused of illegal possession or a related firearm offense in California.
California’s Concealed Carry Law
California Penal Code 25400 makes it a crime to carry a concealed firearm on your person or in your vehicle. The law applies whether the firearm is loaded or unloaded.
You can be charged under PC 25400 if:
- You carry a concealed pistol, revolver, or other firearm capable of being concealed on your person or in your vehicle.
- You are aware that you have the firearm in your possession.
- You do not have a valid concealed carry permit (CCW) issued under California law.
The firearm does not need to be loaded for this law to apply. Simply having a concealed weapon on your body or in your car without a proper license can lead to prosecution.
Who Can Legally Carry?
CCW laws in California are governed at both the state and county levels. To lawfully carry a concealed firearm, you must apply for and obtain a Concealed Carry Weapon permit from the sheriff’s department or police chief in your county of residence.
In Los Angeles, the Los Angeles County Sheriff’s Department (LASD) oversees the application and approval process. While recent court rulings have altered how good cause is interpreted, CCW permits are still tightly regulated.
To be eligible, applicants generally must:
- Be a resident of the county or city
- Demonstrate “good moral character”
- Complete a background check and firearms training course
- Not be prohibited from possessing a firearm under state or federal law
Is Carrying a Concealed Firearm a Felony in Los Angeles?
Under certain circumstances, carrying a concealed firearm in Los Angeles is charged as a felony. California law allows prosecutors to file Penal Code 25400 violations as either misdemeanors or felonies; this is referred to as a wobbler offense.
Whether you are charged with a felony or a misdemeanor depends on factors such as:
- Your criminal history
- The location and context in which you were carrying the firearm
- Whether the firearm was loaded
- Whether you have prior weapons or drug convictions
- Whether you are a prohibited person (e.g., felon, person under restraining order)
Automatic Felony Triggers Under PC 25400
You can be charged with a felony if any of the following applies:
- The firearm is stolen, and you knew or had reason to believe it was stolen
- You are actively involved in a criminal street gang
- You are prohibited by law from owning or possessing firearms
- You have a prior felony conviction or certain violent misdemeanor convictions
- The firearm is loaded and you are not the registered owner
Felony Penalties
- Up to 3 years in county jail (realignment under AB 109)
- Up to $10,000 in fines
- Formal probation
- Loss of gun ownership rights
What Counts as a Concealed Weapon Under California Law?
A weapon is considered concealed if it is not fully visible to a casual observer. This includes:
- A gun tucked in your waistband and covered by clothing
- A firearm hidden in a glove box or under a car seat
- A pistol in a backpack or purse
Even if you’re not trying to hide the weapon, if it is not openly carried and not in a locked container as required for transport, you may still be charged.
What If the Firearm Was in My Car?
Many people mistakenly believe they are allowed to carry a gun in their car as long as it’s unloaded. While California does allow for lawful transport of firearms, strict rules apply:
- The firearm must be unloaded
- It must be locked in the trunk or a locked container
- It must not be readily accessible
If the firearm is under your seat, in the glove compartment, or loosely stored in the vehicle without proper containment, you may be in violation of Penal Code 25400, even if you have no criminal record.
Legal Defenses to Carrying a Concealed Firearm in Los Angeles
If you’ve been charged under Penal Code 25400, there are several legal defenses that an experienced attorney may explore, depending on the facts of your case:
You Had a Valid CCW Permit
If you lawfully obtained a CCW permit, you may have a complete defense. However, you must be fully compliant with all terms of the permit at the time of arrest.
The Firearm Was Not Concealed
If the weapon was openly visible or was not actually on your person or in your control, the prosecution may have difficulty proving concealment.
Unlawful Search and Seizure
If law enforcement discovered the firearm during an illegal search, your attorney may move to suppress the evidence. This is a powerful tool in fighting the case.
You Were Not Aware of the Firearm
Prosecutors must prove that you knew the firearm was in your possession. If someone else placed the weapon in your vehicle or bag without your knowledge, you may have a valid defense.
The Firearm Was Properly Stored
In some cases, defendants are arrested even though the firearm was stored correctly in a locked container during transport. These charges can sometimes be resolved or dismissed with proper documentation.
Why You Need a Lawyer Right Away
Facing charges for carrying a concealed firearm in Los Angeles is not something you should attempt to handle on your own. Even misdemeanor charges carry jail time, and felony convictions can ruin careers, reputations, and result in the permanent loss of your gun rights.
At Werksman Jackson & Quinn LLP, our attorneys include former prosecutors who understand how weapons cases are charged, negotiated, and fought in court. We provide an aggressive and strategic defense for our clients. Our goal is to protect your freedom and future.
Speak With a Trusted Criminal Defense Lawyer in Los Angeles
If you’ve been arrested or charged with carrying a concealed firearm in Los Angeles, the decisions you make now could determine whether you walk free or face time behind bars.
Call (213) 688-0460 to schedule a free consultation today.
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