concealed weapons

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.

I was recently reported in the news that California is once again considering legislation that would completely ban concealed carry guns at colleges and schools in the state. Senate Bill 707, was introduced by Senator Lois Wolk (D-Davis). The idea for the bill came from university and college police, who say school officials should have more control over campus safety. Democrats were in support and Republicans opposed it, but lawmakers approved the measure in early September. The Bill is now headed to Gov. Jerry Brown’s desk. If he signs it, it will become law.

California’s “Gun-Free School Zone Act” (California Penal Code 626.9)

California already has some of the strictest gun laws in the country that cover gang-related activities, weapons one is not allowed to own (ie. assault rifles), and who may or may not purchase a gun. What you may not realize, however, is that current California law makes it illegal to possess a firearm within 1,000 feet of a school or college campus without permission from administrators. See CA Penal Code 626.9 (enacted in 1995). The law does include exemptions for retired law enforcement officers and those with concealed carry permits.

Penalties for violation include a two to five year imprisonment. Discharging a firearm in a school zone raises that sentence to five to seven years.

Senate Bill 707 would basically expand this law and prohibit those who do have a conceal and carry permit from bringing a gun within 1000 feet from schools and universities.

California Concealed Firearm Permits (California Penal Code 26150 & 26155)

It is normally a crime to carry a loaded or unloaded gun in public in California unless you have a permit. You may be able to apply for a permit with the state if:

You are determined to have good moral character (ie. no prior convictions);
Good cause exists because you can demonstrate you and your family are in immediate danger;
You meet legal residency requirements;
You have completed an acceptable gun safety course.

A concealed gun must still be a legal gun. California bans the possession of assault weapons and rifles. See California Penal Code 30600. Additionally, a permit for conceal and carry may not necessarily carry over to other states if you are traveling. Some states have reciprocity with others. California in particular, does not recognize out-of-state conceal and carry permits. Continue reading

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