California Penal Code 25400 – Carrying a Concealed Firearm 

Overview 

California Penal Code 25400 PC makes it a crime to carry a concealed firearm on your person or in your vehicle without a valid concealed carry permit (CCW). It’s one of the most commonly filed gun charges in California—and can be charged as a misdemeanor or felony, depending on your criminal history and the circumstances. 

At Jones Trial Attorneys, we defend gun cases with a focus on constitutional rights, search and seizure violations, and opportunities to avoid long-term penalties. 

Legal Definition 

Penal Code § 25400(a) makes it unlawful to: 

“Carry concealed within any vehicle under your control or direction, or on your person, any pistol, revolver, or other firearm capable of being concealed upon the person.” 

To be guilty, the firearm must be: 

• Substantially concealed (not fully visible) 

• Capable of being readily fired 

• In your direct control or access (e.g., glovebox, waistband, purse) 

Elements of the Crime 

To convict someone under PC 25400, the prosecution must prove: 

1. You carried a firearm on your person or in your vehicle; 

2. The firearm was concealed; 

3. You knew you were carrying a firearm; 

4. You did not have a valid CCW permit. 

You don’t need to have used the weapon, or even have had it loaded, for this charge to apply. 

Penalties for Carrying a Concealed Firearm 

PC 25400 is a wobbler, meaning it can be charged as a misdemeanor or felony. 

Misdemeanor Penalties 

• Up to 1 year in county jail 

• Fine up to $1,000 

• Misdemeanor probation 

• Possible loss of firearm rights 

Felony Penalties (if aggravating factors apply) 

• 16 months, 2, or 3 years in county jail (AB 109) 

• Formal probation (may still include jail time) 

• Lifetime firearm prohibition 

Aggravating factors that may lead to felony charges: 

• Prior felony or firearm-related convictions 

• The firearm was stolen 

• The defendant is a gang member or on probation/parole 

• Firearm was loaded and accessible 

Defenses to PC 25400 Charges 

Gun possession laws are heavily litigated—especially where search and seizure issues are involved. Common defenses include: 

• Unlawful search – Traffic stop, pat-down, or vehicle search violated your rights 

• No knowledge of the firearm – You didn’t know the weapon was in your possession 

• Open carry or partial concealment – Not “concealed” under the legal standard 

• Valid permit or exemption – Such as police, security, or transportation exception 

• Firearm in locked container – Lawful transportation under PC 25610 

We file suppression motions early to get evidence tossed—and cases dismissed. 

Immigration and Employment Consequences 

A conviction under PC 25400 can affect: 

• Immigration status (especially for felonies) 

• Professional licenses (especially in healthcare, education, or public safety) 

• Security clearance or law enforcement careers 

We build defenses designed to preserve your future opportunities—not just beat the charge. 

Related Offenses 

• PC 25850 – Carrying a Loaded Firearm in Public 

Often charged in combination with PC 25400 

• PC 27545 – Illegal Firearm Transfer 

Applies to unregistered or unlicensed gun purchases 

• PC 29800 – Felon in Possession of a Firearm 

More serious charge if you have a prior felony 

How Jones Trial Attorneys Can Help 

We’ve successfully defended concealed firearm charges by challenging police stops, clarifying firearm transport laws, and negotiating felony reductions or dismissals. 

Whether you’re a first-time gun owner or have a record, we’ll fight to protect your Second Amendment rights—and your future. 

💼 Free consultations 

⚖️ Trial-tested representation 

📍 Local San Diego firm with deep courtroom experience 

Talk to a Gun Crimes Attorney Today 

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.