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Carrying a Loaded Firearm in CA: Penalties & Defenses
Out of all 50 states, California is by far the strictest when it comes to gun control laws (followed closely by New York, New Jersey, and Illinois). Needless to say, that automatically implies much harsher penalties for the offenders.
Today, we’ll be exploring different facets of California gun laws, from basic penalties to possible enhancements to valid defense strategies, to help you fully familiarize yourself with the gravity of this offense.
Still, given the severity of the potential consequences those charged with carrying a loaded firearm face, it is critical to seek legal guidance from the best criminal defense attorney in San Diego you can find.
What happens if you get caught carrying a loaded gun in California?
Carrying a loaded firearm on one’s person or in a vehicle constitutes a violation of the California Penal Code (PC) §25850 and may be subject to a range of penalties, from hefty fines to lengthy jail time, depending on how the case is tried.
Is 25850 PC a felony?
Breach of CA PC §25850 is a “wobbler” offense, meaning that it can be tried either as a misdemeanor or a felony (based on the circumstances of the case), with respective penalties being as follows:
- PC §25850 as misdemeanor: Up to one year in county jail, a fine of up to $1,000, or both. In addition, the court may impose summary probation.
- PC §25850 as a felony: 16 months, two years, or three years in state prison, a fine up to $10,000, or both. The court may (and typically does) impose formal probation (post-conviction), upon which completion the felony may be reduced to a misdemeanor.
Whether the PC §25850 is elevated to the status of a felony (from a misdemeanor) depends on the presence of aggravating factors, which include:
- The existence of prior convictions for certain serious offenses (e.g., drug-related, violent, other firearm-related offenses, other felonies, etc.).
- The safety of the community has been jeopardized.
- The carried firearm was stolen.
- The offender is an active gang member.
- The carried firearm is unregistered or otherwise in illegal possession.
In addition to the aforementioned penalties, a felony conviction can have long-term implications on the offender’s Second Amendment rights. As per CA PC §29800, convicted felons are prohibited from owning or carrying firearms, and violation of this prohibition can lead to additional charges.
What are the defenses against PC §25850 charges?
Individuals charged with carrying a loaded firearm have several potential avenues of defense, which involve proving beyond reasonable doubt:
- The firearm was NOT loaded: If the firearm was not loaded, there are no grounds for conviction under PC §25850. However, the defendant may still be convicted under PC §26350 (Openly Carrying an Unloaded Firearm) or PC §25400 (Carrying a Concealed Weapon).
- Lack of knowledge: The defendant was not aware of the presence of a loaded firearm on their person or in their vehicle.
- 4th Amendment violation: Proving the firearm was discovered by law enforcement through an illegal search and seizure can lead to the suppression of the evidence and the potential dismissal of charges.
- (Self-) Defense: This can be a viable strategy if the defendant reasonably believed that, by carrying a loaded firearm, they could’ve prevented harm to self or others.
- Legal exception: Proving that the defendant falls under one of the categories that are exempt from being prohibited to carry a loaded firearm (e.g., active military or law enforcement personnel, owner of a valid CCW license, security guard, etc.).
I was charged with carrying a loaded firearm. Which criminal defense attorney near me in San Diego should I hire?
Whether you’re in Downtown San Diego or one of the surrounding areas, Monder Criminal Lawyer Group should be your go-to for any case involving criminal defense. Our team specializes in different aspects of California criminal law, and we have ample experience handling even the most difficult cases. Reach out to us today for a free consultation, and let’s create a strategy that’s ideal for your circumstances!
