California Penal Code §25400 — Carrying a Concealed Weapon
PC §25400 makes it a crime to carry a concealed firearm on your person or in a vehicle you control without a valid CCW permit. The default offense is a misdemeanor punishable by up to 1 year in county jail, but §25400(c) elevates it to a straight felony (16 months, 2, or 3 years) when the firearm is loaded and stolen, the defendant is a prohibited person, an active gang member, or has a prior felony conviction.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Carrying a Concealed Weapon Cases in All LA County Courts
01 — Quick Facts
PC §25400 — Carrying a Concealed Weapon at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §25400 — Carrying a Concealed Firearm |
| Code Type | Penal Code (PC) |
| Classification | Wobbler (misdemeanor or felony depending on §25400(c) aggravators) |
| Misdemeanor Penalty | Up to 1 year county jail and/or $1,000 fine |
| Felony Penalty | 16 months, 2, or 3 years county jail under PC §1170(h) |
| Mandatory Minimums | 3 months jail minimum in most misdemeanor cases (§25400(c)(6)) |
| Strike | No — unless charged with firearm-use enhancement |
| Firearm Prohibition | 10 years (misdemeanor) or lifetime (felony) |
| Immigration | Firearm offense — deportable for non-citizens (8 USC §1227(a)(2)(C)) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §25400?
What Is California Penal Code §25400?
PC §25400 Reads:
"A person is guilty of carrying a concealed firearm when the person does any of the following: (1) Carries concealed within any vehicle that is under the person's control or direction any pistol, revolver, or other firearm capable of being concealed upon the person. (2) Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person."
— California Penal Code §25400(a)
PC §25400 prohibits carrying a concealed firearm — on the person, in a purse or bag, or in a vehicle under the defendant's control — without a valid concealed carry weapon (CCW) permit issued under PC §26150 et seq. The firearm need not be loaded; concealment alone is the actus reus. The statute reaches handguns and any firearm 'capable of being concealed upon the person' (i.e., barrel length under 16 inches).
Concealed vs. Open Carry vs. Loaded Carry
§25400 covers concealment. Openly carrying an unloaded firearm in public falls under PC §26350. Carrying a loaded firearm in public — concealed or not — falls under PC §25850. Charging is often overlapping when a loaded firearm is found concealed.
PC §25400 — Concealed Carry
Concealed handgun on person or in vehicle. Wobbler under §25400(c). Loaded status irrelevant to the base offense but triggers felony treatment when combined with §25400(c)(6)(A) (loaded + not registered owner).
PC §25850 — Loaded Carry in Public
Loaded firearm carried in any public place or on a public street in an incorporated city. Wobbler. Frequently charged concurrently with §25400 when firearm is both concealed and loaded.
Why §25400 Filings Carry Immediate Federal and Immigration Exposure
Every §25400 conviction triggers state and often federal firearm consequences. A felony §25400(c) conviction is a permanent 18 USC §922(g) prohibitor. For non-citizens, any §25400 conviction is a firearm offense under 8 USC §1227(a)(2)(C) triggering deportation. Rubin Law, P.C. defends by challenging concealment, control of vehicle, and the §25400(c) aggravating factors that drive felony filings.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §25400
To convict under PC §25400, the prosecution must prove each of the following elements beyond a reasonable doubt.
The Defendant Carried a Firearm
The item must be a 'firearm' under PC §16520 — capable of expelling a projectile through a barrel by force of explosion. Antique firearms manufactured before 1899 are excluded (PC §16520(f)).
The Firearm Was Concealed
Concealment means substantially hidden from ordinary observation. Partial concealment (visible grip in waistband) may not qualify. In a vehicle, concealment includes glove box, center console, under seat, or trunk — but does NOT include locked container in trunk (§25610 exception).
The Defendant Knew of the Firearm's Presence
Knowledge is required. Passenger unaware of a firearm in another's vehicle, or occupant unaware of a firearm placed by another, has a legitimate defense. Constructive possession requires knowledge plus control.
04 — Penalties
Penalties for PC §25400 Carrying a Concealed Weapon in California
PC §25400 is a wobbler. The default is a misdemeanor, but §25400(c) enumerates seven aggravators that make the offense a straight felony.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Misdemeanor §25400 | PC §25400(c)(7) | Up to 1 year county jail | Available (typically 3 years summary) | No |
| Felony §25400 — Loaded + Not Registered | PC §25400(c)(6) | 16 months, 2, or 3 years county jail | Available | No |
| Felony §25400 — Prior Felony | PC §25400(c)(1) | 16 months, 2, or 3 years county jail | Limited | No |
| Felony §25400 — Active Gang Member | PC §25400(c)(3) | 16 months, 2, or 3 years county jail | Rare | No (unless §186.22) |
| Felony §25400 — Stolen Firearm | PC §25400(c)(2) | 16 months, 2, or 3 years county jail | Available | No |
Enhancements That Increase §25400 Exposure
Gang Enhancement
PC §186.22(b)
Adds 2, 3, or 4 years for §25400 committed for the benefit of a criminal street gang; makes the offense a strike.
Prior Serious/Violent Felony
PC §667(a)
Adds 5 years consecutive when felony §25400 follows a §667.5(c) or §1192.7(c) prior.
Second Strike
PC §667(e)(1)
Doubles the term when defendant has one prior strike.
Federal Prosecution
18 USC §922(g)(1)
If defendant is a prior felon, federal exposure runs parallel — up to 10 years federal.
Loaded Firearm Concurrent Charge
PC §25850
Charged concurrently when firearm found concealed AND loaded; consecutive sentencing rare but available.
Prohibited Person
PC §29800 / §29805
If defendant is a prohibited person, §25400 stacks with felon-in-possession or DV firearm ban.
Beyond the Sentence
- 10-year California firearm prohibition (misdemeanor) or lifetime (felony) under PC §29800/§29805
- Federal firearm prohibition if felony §25400(c)(1) prior-felon aggravator applies
- Deportation risk for non-citizens under 8 USC §1227(a)(2)(C)
- Loss of professional licenses (security guard, peace officer, real estate)
- Public housing ineligibility for felony conviction
- Mandatory firearm surrender under PC §29810
- Immigration inadmissibility on any felony firearm conviction
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §25400 Carrying a Concealed Weapon Charges
PC §25400 cases turn on concealment, knowledge, and the §25400(c) aggravators driving felony filings. Rubin Law, P.C. attacks each.
No Concealment — Plain View
The firearm was visible — grip protruding, holstered openly, or in plain view on a seat. Partial concealment is often insufficient under People v. Hodges (1999).
People v. Hodges
§25610 Locked Container Exception
A firearm transported in a locked container (not the glove box or utility compartment), unloaded, is expressly exempt under PC §25610. This is a complete defense to §25400.
PC §25610
No Knowing Possession
Passenger, borrowed vehicle, or shared space with no evidence of knowledge, control, or ownership. Fingerprints and DNA can exonerate.
CALCRIM 2521
Fourth Amendment Suppression
Traffic stop pretext, warrantless search, or Terry-frisk exceeding scope. Rodriguez v. United States (2015) prolongation defense.
PC §1538.5
§25400(c) Aggravator Not Proven
Reduce felony to misdemeanor by attacking the aggravator — firearm not actually stolen, not gang-motivated, prior not qualifying, or firearm registered.
PC §25400(c)
CCW Permit / Reciprocity Defense
Valid California CCW under §26150, active-duty peace officer exemption (§25450), or other statutory exemption.
PC §26150 / §25450
Constitutional Sources
07 — Court Process
How PC §25400 Carrying a Concealed Weapon Cases Move Through Los Angeles Courts
§25400 cases follow either the misdemeanor or felony track depending on §25400(c) aggravators.
- 1
Step 1 — Traffic Stop / Detention
Most §25400 cases originate with a traffic stop, gang-suppression detention, or Terry-frisk. Fourth Amendment litigation begins here.
- 2
Step 2 — Arrest & Booking
Firearm seized as evidence. ATF tracing initiated to determine registration and stolen status.
- 3
Step 3 — Filing Decision
DA reviews §25400(c) aggravators. Registration check via CA DOJ AFS system determines misdemeanor vs. felony.
- 4
Step 4 — Arraignment
Bail typically $25,000-$50,000 for felony filings; OR release common for misdemeanor.
- 5
Step 5 — Preliminary Hearing / Motion Practice
PC §1538.5 suppression, §995 dismissal, and Pitchess motions frame the case.
- 6
Step 6 — Resolution
Suppression → dismissal; §17(b) reduction plea; DEJ under §1000 unavailable (firearm case); diversion under PC §1001.36 (mental health) sometimes available.
Los Angeles Courts That Handle PC §25400 Carrying a Concealed Weapon Cases
§25400 cases are prosecuted at LA County criminal courthouses.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Carrying a Concealed Weapon Defense Attorney
Daniel S. Rubin has defended clients charged with carrying a concealed weapon and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §25400 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Carrying a Concealed Weapon Cases Throughout LA County
09 — FAQs
PC §25400 Carrying a Concealed Weapon Questions — Los Angeles
Is it illegal to have an unloaded handgun in my glove box?
Yes. PC §25400(a)(1) prohibits carrying a concealed firearm in a vehicle under your control — loaded or unloaded. The glove box and utility compartment are expressly excluded from the §25610 locked-container exception. To lawfully transport, the handgun must be unloaded AND in a locked container (case, safe) other than the utility compartment, OR in the trunk.
What is §25400(c) and why does it matter?
PC §25400(c) lists the aggravators that turn §25400 from a misdemeanor into a straight felony: (1) prior felony or narcotics conviction; (2) firearm stolen; (3) active participant in a criminal street gang under §186.22; (4) prohibited person under §29800/§29805; (5) firearm loaded + not the registered owner; (6) various combinations. If none apply, §25400 is a misdemeanor.
Can I carry a concealed firearm with a valid CCW permit?
Yes. A valid California CCW permit issued under PC §26150 (Sheriff) or §26155 (Chief of Police) is a complete defense to §25400. Note that permits are county-specific and do not include federal areas, schools, courthouses, or 'gun-free zones' under §626.9. New York State Rifle & Pistol Ass'n v. Bruen (2022) forced California to move to shall-issue but restrictions remain.
What is the §25610 'locked container' exception?
PC §25610 allows US citizens/residents 18+ to transport a handgun in a motor vehicle if (1) firearm is unloaded, AND (2) locked in the vehicle's trunk OR in a locked container (case, safe) other than the utility compartment/glove box. This is a common lawful transport method for range trips and gunsmith transport.
Does §25400 apply to loaded firearms too?
Yes — §25400 does not require the firearm to be unloaded. However, when the firearm is loaded AND the defendant is not the registered owner, §25400(c)(6) turns the offense into a straight felony. Additionally, PC §25850 (carrying loaded firearm in public) is frequently charged concurrently with §25400 when both concealed and loaded.
Will a §25400 conviction affect my immigration status?
Yes. Any firearm conviction — including misdemeanor §25400 — is a deportable offense under 8 USC §1227(a)(2)(C). It is also grounds for inadmissibility. Non-citizens must consult immigration counsel BEFORE any plea. Rubin Law, P.C. structures pleas to minimize or eliminate immigration consequences under Padilla v. Kentucky (2010).
Can §25400 be reduced under PC §17(b)?
Yes if charged as a §25400(c) wobbler felony. On successful motion, the felony is reduced to a misdemeanor for all state-law purposes. However, PC §17(b) reduction does NOT restore federal firearm rights and does NOT remove the deportation consequence for prior non-citizen convictions. Under PC §1170(h), sentences run in county jail, not state prison.
What should I do if I'm stopped with a concealed firearm in my car?
Politely inform the officer of the firearm's presence and location. Do NOT consent to a search. Politely say, 'I do not consent to any searches. I want to speak with an attorney before answering questions.' Do not make statements. Call Rubin Law, P.C. immediately. Fourth Amendment suppression under PC §1538.5 is often the primary defense.
Available 24/7 — Free Consultation
Charged Under PC §25400 Carrying a Concealed Firearm?
Concealment, knowledge, and §25400(c) aggravator disputes decide misdemeanor vs. felony. Fourth Amendment suppression can end the case. Call Rubin Law, P.C. — free consult (213) 723-2337.