Is it Illegal to Carry a Loaded Firearm in California?
Penal Code 25859 PC, makes it a crime to carry a loaded firearm in either a public place, on a public street, or in a vehicle in California.
What is the Penalty for Carrying a Loaded Firearm?
Penal Code section 25859 PC is considered a misdemeanor. Penalties for carrying a loaded firearm conviction include:
- up to one year in county jail; and/or
- pay fines of up to $1,000.
Can Penal Code 25859 be Charged as a Felony?
Yes, carrying a loaded firearm may be charged as a felony, should any of the following occur:
- The firearm was stolen;
- The individual was prohibited from owning or possessing a firearm;
- The individual belongs to a criminal street gang; or
- The individual had another prior felony or firearm conviction
What is the Penalty for a Carrying a Loaded Firearm Felony Charge
Penalities for a carrying a loaded firearm felony charges include:
- up to three years; and
- a possible fine of up to $10,000.
What is a Firearm Under California Law?
A firearm is defined as, "any device designed to be used as a weapon and from which a bullet is discharged through a barrel by an explosion". Common examples of firearms include:
- pistols
- revolvers
- shotguns
- rifles
What is Considered a Loaded Firearm?
The law in California deems a loaded firearm if the firearm:
- has an unused cartridge;
- a shell in the firing chamber;
- there is an unused cartridge;
- a shell in either the magazine; or
- clip attached to the firearm
Can You Still Possess a Firearm if You Have Been Convicted?
An defendant that has been convicted of felony possession of a loaded firearm is prohibited from acquiring or possessing a gun in California. In other words, an individual will lose their rights to own and possess a firearm.
Are there Exemptions to Penal Code 25859 PC?
Yes, in some instances, there are exemptions that make it legal to carry a loaded firearm. These exemptions include:
- A California police officer carrying a loaded firearm;
- A member of the United States military carrying a loaded firearm;
- A federal law enforcement agent carrying a loaded firearm;
- A person who has a concealed carrying permit.
Related Firearm Offenses
Los Angeles Criminal Defense Attorney
If you or someone you know has been charged with carrying a loaded firearm, contact our Los Angeles criminal defense attorneys at
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