Concealed Weapons Laws
Wednesday by: DoreenUsually, California law forbids a person from carrying loaded guns on his or her person or in a motor vehicle while in a public place. California Penal Code ยง12025 clarifies the California laws regarding firearms.
A person is guilty of carrying a concealed weapon when he or she:
a) Carries a concealed weapon within any motor vehicle under his or her control or direction;
b) Carries a concealed weapon upon his or her person; or
c) Carries a concealed weapon within any motor vehicle he or she occupies.
Carrying a concealed weapon is punished:
a) As a felony if the defendant has formerly been convicted of any felony; or
b) By imprisonment in prison or county jail, by a fine or both if the individual carries a concealed weapon and was found guilty of a crime against a person or property, or of a drug charge.
California forbids any person from carrying a concealable weapon upon his or her person or within any motor vehicle under his or her direction or in which he or she is an occupant. California law grants exceptions for people with concealed weapons licenses. Additionally, carrying a concealed weapon may be defensible where a person rationally believes that he or she is in serious danger because of conditions underlying an existing court-issued restraining order against a person who has posed a threat to the possessor’s life or safety.
California bans any person – including a concealed weapons license holder – from carrying a loaded firearm during a picketing activity. Additionally, any person carrying a loaded firearm with the intention of committing a felony is criminally responsible for “armed criminal action.”
A lawful resident over age 18 may carry, without a license, any weapon able to be concealed anywhere within his or her dwelling, place of business or on private property owned or lawfully possessed by the individual. Nevertheless, any felon or person found guilty of a domestic violence charge is forbidden from carrying in these locations.
It’s lawful for a U.S. citizen over age 18 who resides or is temporarily in California to carry a concealed weapon if:
a) The weapon is within an automobile and is locked in the automobile’s trunk or in a locked container; and
b) The individual carrying the weapon to or from an automobile does so for a lawful purpose and, while carrying the weapon, keeps it in a locked container.
If you or someone you love was arrested and charged with a concealed weapons offense, contact criminal defense attorneys Rizio and Nelson right away.
