Carrying a Concealed Firearm

Another defense is if the firearm was not concealed. For instance, if you were carrying a gun in a belt holster, this is not considered a concealed firearm. However, if the firearm was inside an unlocked carrying case, that would qualify as concealed, and would not be a defense to CA PC 25400(a).

Casting Doubt

In order to be convicted under this scenario, you also have to have been in control of, or directing the vehicle. However, even if you were not, you can be convicted under another scenario that we will discuss later. Under CA PC 25400(a), the prosecution has the burden of proving beyond a reasonable doubt that you met the requirements to be convicted of carrying a concealed firearm in a vehicle. If they do not you cannot be convicted. Therefore your defense attorney will try to create reasonable doubt in order to win the case.

Reason of Hiding Weapon

As we discussed earlier, even if you are not in control of, or directing, the vehicle, you can still be convicted of carrying a concealed firearm within a vehicle. This scenario differs from the first in that it charges that you “caused” the firearm to be carried concealed within a vehicle.

In order to convict you under this scenario, the prosecution must prove that”

• You caused a firearm capable of being concealed on the person to be concealed while it was carried within a vehicle;
• You knew that you caused the firearm to be concealed in the vehicle;
• The firearm was substantially concealed within the vehicle;

AND

• You were in the vehicle during the time the firearm was concealed there.

This scenario is very similar to the first except the prosecution has to prove that you caused the firearm to be concealed within the vehicle. They do not have to prove that you were in control of the vehicle at the time.

To defend against this scenario, your defense attorney will try many of the same things as under the first scenario. Keep in mind that the prosecution does not have to prove that you brought the firearm into the vehicle. If you put a gun into a bag that you knew someone was about to put into a car, that would be enough to convict you under this scenario. It is also possible to be guilty of this crime if you intentionally carrying a concealed firearm that was already in the vehicle when you entered it. As with the first scenario, the prosecution has the burden to prove beyond a reasonable doubt that you committed this crime. If they do not, you cannot be convicted under CA PC 25400(a).

The final scenario does not involve a vehicle. It involves carrying a concealed firearm on your person. In order to convict you under this scenario, the prosecution must prove that:

1. You carried on your person a firearm capable of being concealed on the person;
2. You knew that you were carrying a concealed firearm;

AND

3. It was substantially concealed on your person.

This is similar to the first scenario, except that instead of within a car, the firearm must be concealed somewhere on you.

Your defense attorney can argue that you did not know that there was a firearm on your person. This would be the case if, for example, you borrowed a jacket from a friend, and were not aware that there was a small gun in the pocket. He can also argue that the firearm was not substantially concealed on your person. For instance, if you are carrying a gun in a belt holster, that is not a concealed firearm, and you cannot be convicted of CA PC 25400(a).

As with the other two scenarios, the prosecution has the burden of proving beyond a reasonable doubt that you meet the criteria for conviction of carrying a concealed firearm, and if they are unable to do so, you will not be convicted.

Retain a Criminal Defense Lawyer 

Regardless of the scenario, carrying a concealed firearm is a serious charge. To ensure the best possible outcome for your case, it is important to discuss your situation with an effective Criminal Defense Attorney.