Carrying a Concealed / Loaded Firearm
Penal Code Sections 12025 and 12031
To be convicted of carrying a concealed weapon– A person must conceal the weapon in their vehicle or on their person. The weapon must also be within the immediate possession of the person where they could reach for it relatively easily. For example, if the weapon is in the trunk the District Attorney would be unable to convict the person under this law. In addition if the weapon is in plain view that is, on the seat of the vehicle, then it is not concealed because it is out in the open. In fact, if the weapon is on a holster on the person’s hip they cannot be convicted of carrying a concealed weapon because the weapon can easily be seen. If convicted of this crime and the matter is filed as a misdemeanor then person can serve up to one year in jail; if the matter is filed as a felony the individual can serve up to three years in jail.
A loaded weapon charge requires that the District Attorney to prove that the individual was carrying a loaded firearm in public; the firearm can be on the person or in their vehicle. This crime can be charged as a misdemeanor or felony; as a misdemeanor the person is looking at a maximum of 1 year in jail, while as a felony the maximum is three years in jail.
Contact Orange County defense attorney Katie Walsh if you need help with Carrying a Concealed/Loaded Firearm or any other criminal matter.