Crime of “Carrying a Concealed Weapon” in California
In California, it is illegal to carry a firearm in public that is concealed in most situations, under Penal Code section 25400:
25400.
(a) A person is guilty of carrying a concealed firearm when the person does any of the following:
(1) Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.
(b) A firearm carried openly in a belt holster is not concealed within the meaning of this section.
(c) Carrying a concealed firearm in violation of this section is punishable as follows:
(1) If the person previously has been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, as a felony.
(2) If the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony.
(3) If the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony.
(4) If the person is not in lawful possession of the firearm or the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony.
(5) If the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.
(6) If both of the following conditions are met, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment:
(A) The pistol, revolver, or other firearm capable of being concealed upon the person is loaded, or both it and the unexpended ammunition capable of being discharged from it are in the immediate possession of the person or readily accessible to that person.
(B) The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of that pistol, revolver, or other firearm capable of being concealed upon the person.
(7) In all cases other than those specified in paragraphs (1) to (6), inclusive, by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.
(d) (1) Every person convicted under this section who previously has been convicted of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for at least three months and not exceeding six months, or, if granted probation, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned in a county jail for at least three months.
(2) Every person convicted under this section who has previously been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, if probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned in a county jail for not less than three months.
(e) The court shall apply the three-month minimum sentence as specified in subdivision (d), except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in subdivision (d) or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivision (d), in which case, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
(f) A peace officer may arrest a person for a violation of paragraph (6) of subdivision (c) if the peace officer has probable cause to believe that the person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of the pistol, revolver, or other firearm capable of being concealed upon the person, and one or more of the conditions in subparagraph (A) of paragraph (6) of subdivision (c) is met.
Cal. Penal Code § 25400.
There are exceptions to this rule in narrow circumstances that do not require a permit to carry a concealed firearm, including for the purpose of target shooting, a lawful camping activity, as a part of a shooting club, or other specified reason. (See Cal. Penal Code §§ 25505-25595).
In California, one can obtain a permit to carry a concealed firearm in their county or city of residence,if the Sheriff or police chief is satisfied that :
(1) The applicant is of good moral character.
(2) Good cause exists for issuance of the license.
(3) The applicant is a resident of the county or a city within the county, or the applicant’s principal place of employment or business is in the county or a city within the county and the applicant spends a substantial period of time in that place of employment or business.
(4) The applicant has completed a course of training as described in Section 26165.
See Cal. Penal Code §§ 26150-26155; see also Cal. Penal Code §§ 26160- 26225.
The way the law is written in California, it is up to the Sheriff or Chief of Police of the County or City where the applicant seeking a Concealed Carry Weapon (CCW) permit to grant the permit upon demonstration of “good cause”:
Upon making the determination of good cause pursuant to Section 26150 or 26155, the licensing authority shall give written notice to the applicant of the licensing authority’s determination. If the licensing authority determines that good cause exists, the notice shall inform the applicants to proceed with the training requirements specified in Section 26165. If the licensing authority determines that good cause does not exist, the notice shall inform the applicant that the request for a license has been denied and shall state the reason from the department’s published policy, described in Section 26160, as to why the determination was made.
Cal. Penal Code § 26202.
As written, it is thus up to the Sheriff or Chief of Police of the County or City where the applicant seeking the permit to draft policies describing what “good cause” is in their jurisdiction, and inform the applicant whether they have met the definition, and other requirements, in its determination to approve or deny the CCW permit request. This is in contrast to most other jurisdictions in the US, which allow an CCW permit to be issued upon passing a background check and demonstrating shooting proficiency, with reciprocity with many other states.
Now, under the new US Supreme Court case of New York Rifle & Pistol Association v. Bruen, it appears as though California will be required to allow, as in other states, the issuance of CCW permits upon application without the requirement that “good cause” be shown beyond an ordinary interest in self-defense.
US Supreme Court Decision of New York Rifle & Pistol Association v. Bruen
-Click to Read Full Decision Here: New York Rifle & Pistol Association v. Bruen
The Court’s decision this morning indicates that, a New York law, very similar to many California County laws that restrict issuance of CCW permits only upon “good cause” beyond ordinary self-defense considerations, is invalid:
Held: New York’s proper-cause requirement violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense.
New York Rifle & Pistol Association v. Bruen (No. 20–843.), Silp Op’n at p.2
Because the US Supreme Court is the final arbiter in the US of what limits the government may put on its citizens vis-a-vis the US Constitution, this ruling will extend nationwide beyond New York to other jurisdictions with similar requirements as described in the case, such as California, Massachusetts, and Hawaii.
As a result, the above selection of codes pertaining to CCW permits under California Penal Code sections 26150-26225 will likely have to be re-written, to indicate that the Sheriff or Police Chief of a jurisdiction “shall” issue such permits upon demonstration of “good moral character”, residence within the jurisdiction, and shooting proficiency.
Up to, and until, the law has changed, and even thereafter, in absence of a permit to concealed carry, Penal Code section 25400 will still be operative to prohibit concealed weapons on the person or within a vehicle, punishable by up to three years of incarceration. (See Cal. Penal Code §§ 25400).
Call Honeychurch & Giambona Today if You are being Investigated or Charged with Any Firearm-Related Offense
At Honeychurch & Giambona, we have assisted hundreds of clients charged with firearm-related offenses in California obtain outstanding results in an area of law that is not as simple as may be assumed. California, further, has some of the nation’s most punitive, and in some cases, arbitrary, firearms laws, that can is some cases lead to punishments as high as decades in State Prison, or even Life in Prison.
If you are being investigated for, or charged with, a firearms-related offense in Fairfield, Vacaville, Dixon, Suisun, Benicia, Vallejo, Rio Vista, or unincorporated Solano County, or within Napa County or Yolo County communities, you need an aggressive criminal defense team on your side to assert your rights to the fullest extent of the law. Call our office today at 707-429-3111, for a free consultation as to how we can seek to obtain the best possible result for your situation.