San Diego Criminal Lawyers Blog
If you imagined that it was no big deal to carry a concealed firearm in California even though you did not have a permit to do so, you could not be more mistaken. It is a misdemeanor crime and could land you behind bars for a full year, on top of sticking you with a $1,000 fine. It could also mean you are prohibited from possessing any firearms for the next ten years. Any aggravating factors could increase the penalties to three years in prison and $10,000 in fines. If you are facing any type of gun charges in the state, having aggressive legal counsel fighting for you is a must!
What are Aggravating Factors?
A number of issues could lead to more severe sentencing if you are arrested carrying a concealed weapon without a permit in an incorporated city. Those issues include:
- Having a previous firearm offense;
- Being a felon;
- Being prohibited from carrying firearms due to past violence;
- Participating in a criminal gang;
- Knowing the weapon in question was stolen.
Additional Rules
Although it is possible to carry a concealed weapon under certain circumstances, under no circumstances can the weapon be loaded. Additionally, if the weapon is in a vehicle, it must be kept in a secure box and cannot be kept in a glovebox.
Permit Required
Under current law, citizens or legal residents aged 21 or older who wish to carry a concealed weapon and who have passed an approved safety course and background check must apply for a permit through the county or local sheriff’s office. Permits cannot be issued to anyone who:
- Has an outstanding warrant for their arrest;
- Has been declared insane or incompetent;
- Is determined by the sheriff to be unsuitable;
- Has a felony conviction in California or elsewhere;
- Has a misdemeanor conviction related to the threatened or actual use of force or violence;
- Has a stalking or domestic violence conviction, or is the subject of a protective order;
- Is on probation or parole;
- Has entered false information on a concealed carry application or permit renewal application;
- Is residing in the United States illegally;
- Is a fugitive from justice.
Restricted Locations
Anyone who does have a concealed carry permit is required to carry the permit whenever they are concealing a weapon, and is still restricted from carrying a concealed weapon in certain locations, including:
- Airports;
- Post offices;
- Banks;
- National parks;
- State parks except in designated hunting areas;
- Military bases;
- Federal buildings;
- Movie theaters;
- Public buildings where prohibited;
- Prisons and jails;
- Schools;
- Libraries;
- Most playgrounds and public parks;
- Stadiums;
- Casinos;
- Establishments that serve alcohol;
- Businesses posting “no-firearms” signs.
Protecting Your Rights
The experienced criminal defense attorneys at Boertje &Associates are here to protect and defend your legal rights when facing criminal charges. We know the law, and we are not afraid to fight to achieve the best outcomes for you. To discuss, schedule a confidential consultation in our San Diego office today.