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The Legal Implications of Carrying a Loaded Firearm in California
Under the Second Amendment, a U.S. citizen has the right to keep and bear (i.e., own and carry) firearms. However, this right is neither absolute nor unlimited. In the interest of public safety, the State can impose restrictions on this right – and California is the strictest of them all.
Given the complexities of CA’s gun control laws – and the severe ramifications for breaking them – consulting an experienced criminal defense lawyer in San Diego is highly advised if you’re facing charges of carrying a loaded firearm (and other related offenses).
In addition, it is also highly beneficial to familiarize yourself with the legal implications of carrying a loaded firearm in California as seen through the lens of CA Penal Code §25850 – which is exactly what this guide will help you do.
What is Penal Code 25850 in California?
The CA PC §25850 defines the offense of carrying a loaded firearm and the penalties for committing it. Under this law, a person is guilty of the crime if the persecution proves (beyond reasonable doubt) all of the following elements:
- Possession: The offender carried a loaded firearm on their person (“direct possession”) or in their vehicle (“constructive possession”);
- Knowledge: The offender was aware of the presence of a loaded firearm;
- Public place: When carrying a firearm, the offender was in:
- Any public place (generally defined as an area accessible for anyone who wishes to enter for business, recreation, common use, etc.), OR
- Any public street in an incorporated city and county, OR
- Any public place or street in a prohibited area of an unincorporated city and county.
An important point of note is that CA PC §25850 applies to both the cases of open or concealed carry.
What counts as a loaded firearm?
Per California law, the firearm is considered “loaded” if there’s an “unexpended cartridge or shell” (i.e., live ammunition capable of being fired) in the firing chamber, magazine, or a clip attached to the weapon.
Note that, under CA PC §25850, the firearm’s operability is not a determining factor for guilt. In other words, the firearm does NOT have to be in working condition for the law to apply – the only factors that matter are that it was loaded and designed to be used as a weapon.
Who is allowed to carry a loaded firearm in California?
California law does allow for some exceptions to PC §25850 to a larger or lesser extent, including:
- Peace officers (state or federal; active or honorably discharged);
- Military personnel (on active duty);
- Authorized security guards;
- Money transportation personnel;
- Valid CCW licence holders (certain limitations may apply);
- (conditional) Private investigators;
- (conditional) Zookeepers (any ZOO, not just the San Diego ZOO);
- (conditional) Animal control personnel.
If the offender falls under any of the above categories and meets the exception criteria, there is a possibility that they be exempt from persecution.
Which criminal defense lawyer near me in San Diego specializes in cases involving carrying a loaded firearm?
Monder Criminal Lawyer Group houses some of San Diego’s finest, most experienced defense attorneys – who are also passionate gun enthusiasts. As such, we understand full well what’s at stake when it comes to gun charges under California law.
We’re unyielding in our pursuit of justice, and we’re known to explore every legal avenue to give our clients the best chance of a positive outcome. In addition, we don’t shy away from even the most difficult cases, so whether you have prior gun convictions or not, we’re ready to provide aggressive and personalized defense for your firearms-related case. Contact us today for a free, no-obligation consultation!
