1. Definition and Elements of the Crime
There are several restrictions on gun ownership that apply to the time, place and manner in which firearms may be lawfully possessed. One of these restrictions is reflected in California Penal Code Section 25850 PC, which makes it illegal to carry a loaded firearm in public.
To prove that a defendant is guilty of carrying a loaded firearm, a prosecutor must be able to establish the following elements:
- The defendant carried a loaded firearm on his or her person or in a vehicle
- The defendant knew that he or she was carrying a firearm
- AND the defendant was in a public place or on a public street in an incorporated city or in an unincorporated area where it was unlawful to discharge a firearm.
A firearm is any device designed to be used as a weapon from which a projectile is expelled or discharged through a barrel by the force of any explosion or other form of combustion. A Taser would be considered a firearm under the statute, but a pellet gun or BB gun would not.
A firearm is loaded if there is an unexpended cartridge or shell in the firing chamber or in either a magazine or clip attached to the firearm.
2. Related Offenses
Other similar or related offenses include:
- Manufacturing, Selling or Possessing Dangerous Weapons - California Penal Code Section 16590 PC
- Openly Carrying a Firearm - California Penal Code Section 26350 PC
- Carrying a Concealed Firearm – California Penal Code Section 25400 PC
- Assault with a Firearm – California Penal Code Section 245(a)(2) PC
3. Examples
A man is hunting with the proper licenses and during hunting season. The area he is in allows hunting and he walks around with a loaded rifle. This man would not be guilty of carrying a loaded firearm because even though he was in public, he was not in an area in which it is illegal to discharge a firearm. Additionally, hunters and other recreational shooters are exempt from prosecution if their activity was otherwise legal.
In another example, a man is alarmed at the rising crime rate in his neighborhood so he decides to walk around with his Taser gun that is charged and fully operational. The man could be charged with carrying a loaded firearm even though a Taser cannot be loaded in the traditional sense. Courts have decided that Tasers are firearms and can be considered “loaded” under California Penal Code Section 25850 PC.
4. Defenses to Carrying a Loaded Firearm
If the defendant did not know that he or she was carrying a firearm, that defendant would not be criminally liable for this offense. However, not knowing that the firearm was loaded would not be a defense.
The following people are exempt from prosecution under California Penal Code Section 25850 PC:
- Peace officers and federal agents
- Military
- Officials who are POST certified
- Recreational shooters at a firing range or out hunting
- Security guards, armored vehicle guards and private investigators
- Business and private property owners
5. Penalties
Without additional factors, carrying a loaded firearm is a misdemeanor that is punishable by up to a year in jail and a $1,000 fine.
This offense is a felony that is punishable by up to three years in prison if any of the following aggravating factors exist:
- The defendant has felony or a firearm conviction.
- The firearm was stolen.
- The defendant belongs to a criminal street gang.
- The firearm was not lawfully possessed.
- The defendant was legally prohibited from owning or possessing a firearm.
If the defendant has a prior misdemeanor conviction for a crime against a person or property or for a drug offense or if the defendant is not the registered owner of the firearm, this offense is a “wobbler” that can be charged as either a felony or a misdemeanor.
6. Criminal Defense for Carrying a Loaded Firearm
If you have been charged with this carrying a loaded firearm, it is very important that you consult with a knowledgeable and experienced Los Angeles Criminal Defense Attorney as soon as possible. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Lawyer Michael Kraut knows how best to approach cases like this. Mr. Kraut understands that these types of charges carry serious penalties and fights hard on behalf of his clients charged with gun crimes.
For more information about carrying a loaded firearm, and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney Michael Kraut at the located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.
FAQs
Without additional factors, carrying a loaded firearm is a misdemeanor that is punishable by up to a year in jail and a $1,000 fine. This offense is a felony that is punishable by up to three years in prison if any of the following aggravating factors exist: The defendant has felony or a firearm conviction.
What is the penalty for carrying a loaded gun in California? ›
§ 25850 PC – Carrying a Loaded Firearm – California Law
| Carrying a loaded gun | California penalties* |
|---|
| no aggravating factors (most cases) | misdemeanor: Up to 1 year in jail and/or up to $1,000 |
3 more rowsIf you are charged with this as a misdemeanor, you could face up to one year in County Jail. If you are charged with this section as a felony, you could be punished upwards of 16 months, 2 or 3 years in a State Prison. You would be required to serve 50% of that time in custody.
What is the PC for carrying a loaded firearm in a vehicle? ›
Penal Code 25850 details the various violations that could result in prosecution. Primarily, you will face prosecution for a PC 25850 violation if you carry a loaded firearm in your vehicle or on your person on a public street or public location. However, the statute also makes it illegal to: Carry a stolen firearm.
What is the difference between 25850 PC and 25400 PC? ›
PC 25850 is about carrying a loaded firearm in public places and PC 25400 is about carrying a concealed firearm. The two sections do regulate the possession of a firearm in public but relate to distinct matters—loaded in the case of the former, and concealed in the case of the latter.
Is it illegal to carry a loaded gun in your car in California? ›
California prohibits carrying a loaded firearm in a vehicle in most locations. This prohibition is subject to certain exceptions, including for people who have a valid concealed weapons license.
Is it legal to keep a loaded gun in your house in California? ›
Can You Keep a Loaded Gun in Your House in California? California recommends that guns are stored safely, which includes remaining unloaded when not in use. Additionally, the gun must be stored with a state-approved locking device in a locked container, and the ammunition must be kept separate from the weapon.
Who is exempt from PC 25850? ›
The following people are exempt from prosecution under California Penal Code Section 25850 PC:
- Peace officers and federal agents.
- Military.
- Officials who are POST certified.
- Recreational shooters at a firing range or out hunting.
- Security guards, armored vehicle guards and private investigators.
Overview of California Weapons Charges
Misdemeanor weapons charges can get you up to 12 months in jail and a maximum fine of $1,000. Felony weapons charges are punishable by anywhere from one to 20 years in state prison.
Is PC 25400 a wobbler? ›
Yes, PC 25400 is a wobbler, meaning that it can be charged as a misdemeanor or a felony, depending on the circ*mstances of the arrest and crime. In most cases, a first-time offense with no other aggravating factors is charged as a misdemeanor, which is less severe.
For a normal offense under Penal Code 25850, the penalty for carrying a loaded weapon in a vehicle is up to one year in jail, a fine of up to $1,000, or both. This is a misdemeanor offense unless certain aggravating factors exist.
Can I keep a gun in my glove box in California? ›
Carrying Firearms in a Vehicle
To legally transport a firearm in your vehicle, it must be: Unloaded; Locked in the trunk of the vehicle or in a locked container inside of the car (other than the glove box); and. Apparent and not concealed.
Is PC 25850 a wobbler? ›
Under this code, it is illegal for any person to carry a loaded firearm on their person or in a vehicle. This crime is considered a “wobbler” under California law, which means it can be charged as either a felony or a misdemeanor, depending on the circ*mstances of the case and the discretion of the prosecutor.
What is the sentence for PC 25850? ›
Punishment & Sentencing
Penal code 25850(c)(6) pc is a wobbler, making it punishable as a misdemeanor or felony. A felony conviction carries 16 months, 2, or 3 years in the county jail. A misdemeanor conviction carries up to 1 year in the county jail.
What is the PC for possession of a loaded firearm? ›
Under California Penal Code 25850(a), it is a crime for you to carry a loaded firearm on your person or in a vehicle in any public place or on a public street. If you are accused of violating PC 25850, it is crucial that you call an experienced team of lawyers as soon as possible.
Is 25400 PC a felony or misdemeanor? ›
If convicted of PC 25400 carrying a concealed weapon, it's normally a misdemeanor crime. Penalties are up to 1 year in a county jail, fine up to $1,000, and summary probation. It should be noted there are situations where a PC 25400 is a “wobbler” or a felony crime.
Can you go to jail for carrying a gun in California? ›
Those charged with a misdemeanor may face a fine of $1,000 and a year in prison. A felony charge may lead to sentences of 16 months to 3 years in prison, along with a fine of up to $10,000.
How much time do you get for a gun charge in California? ›
Misdemeanor gun possession offenses may result in a sentence of up to one year in county jail, while felony gun possession charges can carry sentences of up to three years in state prison.
What is the penalty for carrying a gun without a permit in California? ›
Misdemeanor Charges for Concealed Carry Without a Permit
This category typically includes carrying concealed items like handguns, knives, tasers, or other firearms. Being found guilty of this misdemeanor can lead to a maximum of one year in jail, a fine, or both.
What happens if you carry a gun in California? ›
Without aggravating factors, carrying a loaded firearm in public is a misdemeanor punishable by a maximum sentence of one year in jail and / or a $1,000 fine.
