--- title: "PC 25400 - Carrying a Concealed Firearm" description: "PC 25400 concealed firearm law: what counts as concealed, the CCW license exception, felony triggers, penalties, and defenses." url: "https://www.thehfirm.com/penal-codes/pc-25400-carrying-a-concealed-firearm" site: "H Law Group" --- # PC 25400 - Carrying a Concealed Firearm PC 25400 concealed firearm law: what counts as concealed, the CCW license exception, felony triggers, penalties, and defenses. Topics: Gun Crimes, Penal Code California Penal Code 25400 makes it illegal to carry a concealed firearm, on your body or in a vehicle, without a valid license to do so. Since the U.S. Supreme Court's 2022 decision in NYSRPA v. Bruen forced California to change how it issues concealed carry licenses, more people are legally carrying concealed firearms than before, which also means more people are getting stopped and charged when their conduct falls outside what their license actually allows. ## **What Penal Code 25400 Actually Says** The statute makes it a crime to do any of the following without a valid license: > "(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. (3) Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person." (PC 25400(a)) A firearm capable of being concealed upon the person covers essentially any handgun. A firearm carried openly in a belt holster is specifically excluded from this section, since it isn't concealed. ## **The CCW License Exception** The most common defense to a PC 25400 charge is a valid concealed carry weapon (CCW) license issued under Penal Code 26150 or 26155. A person lawfully carrying under a valid CCW license, within the scope of that license, does not violate PC 25400. Since Bruen, California counties can no longer require applicants to demonstrate a specific need beyond general self-defense, and issuance has become far less discretionary than it was before 2022. Local sheriffs and police chiefs still administer the licensing process, required training, and any local conditions on where a license holder can carry. ## **Misdemeanor or Felony? How PC 25400 Is Charged** Most first-time PC 25400 violations are charged as misdemeanors, punishable by up to one year in county jail and a fine of up to $1,000. The offense becomes a mandatory felony, with no misdemeanor option, when any of the following applies: - You have a prior felony conviction, or a conviction for an offense listed in Penal Code 16580 - The firearm was stolen and you knew or reasonably should have known it was stolen - You are an active participant in a criminal street gang as defined in Penal Code 186.22 - You fall into a class of people prohibited from owning or possessing firearms under state law Even when none of those apply, the offense can still be charged as a wobbler, meaning either a felony or a misdemeanor, if the firearm was used in a crime against a person or property or a controlled substance offense, or if the firearm was loaded and not registered to you with the California Department of Justice. ## **Penalties** - Straight misdemeanor: up to one year in county jail and/or a fine up to $1,000 - Wobbler (crime against person/property, drug offense, or unregistered loaded firearm): misdemeanor up to one year county jail and/or $1,000 fine, or felony county jail/state prison exposure - Mandatory felony (prior conviction, stolen firearm, gang membership, or prohibited person status): felony county jail or state prison exposure - Prior misdemeanor conviction under an offense listed in Penal Code 23515: mandatory minimum of three months, up to six months, in county jail ## **Common Defenses** - You held a valid CCW license and were carrying within its scope - The firearm wasn't actually concealed, for example it was visible in an open belt holster - You qualified for a transportation exemption under [Penal Code 25610](/penal-codes/pc-25610-transporting-a-firearm-in-a-vehicle), which allows carrying an unloaded handgun locked in the trunk or a locked container directly to or from a lawful destination such as a gun range or gunsmith - You didn't know the firearm was present, for example in a borrowed or shared vehicle - The stop, search, or seizure that led to discovery of the firearm violated your Fourth Amendment rights ## **Related Firearm Offenses** A firearm can be both concealed and loaded at the same time, so PC 25400 charges are frequently filed alongside [PC 25850 (carrying a loaded firearm in public)](/penal-codes/pc-25850-carrying-a-loaded-firearm-in-public). If the person carrying has a prior felony conviction, [PC 29800 (felon in possession of a firearm)](/penal-codes/pc-29800-felon-in-possession-of-a-firearm) is often charged as well, and it carries far more serious consequences than the carrying offense alone. ## **Frequently Asked Questions** ### Does a CCW license protect me from a PC 25400 charge? Yes, as long as you're carrying within the scope of the license, meaning the firearm is registered to you, you're in a location your license permits, and you're following any conditions the issuing agency attached to it. ### Is it illegal to just have an unloaded gun locked in my trunk? Generally, no. Penal Code 25610 allows transporting an unloaded handgun locked in the trunk or in a locked container, with ammunition stored separately, when traveling directly to or from a lawful destination like a shooting range, a gun store, or a residence move. ### What makes PC 25400 a felony instead of a misdemeanor? A prior felony conviction, knowingly carrying a stolen firearm, active gang membership, or already being a prohibited person all make it a mandatory felony. An unregistered loaded firearm or use in a crime against a person, property, or drug offense makes it a wobbler that prosecutors can file either way. ### Can I be charged with PC 25400 and PC 25850 for the same gun? Yes. PC 25400 punishes concealment specifically, while PC 25850 punishes carrying a loaded firearm in public regardless of concealment. A single loaded, concealed handgun can support both charges. ### What should I do if I'm charged with PC 25400? Whether you have a defense like a valid license or a transportation exemption depends on the specific facts of the stop and your paperwork. Speaking with a defense attorney before you talk to investigators is the best way to understand what applies to your situation. For the full statutory text, see [Penal Code 25400 on the California Legislative Information website](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=25400.&lawCode=PEN). For state concealed carry licensing rules, see the [California DOJ Bureau of Firearms](https://oag.ca.gov/firearms). ## Related California penal codes - [PC 25850 - Carrying a Loaded Firearm in Public](https://www.thehfirm.com/penal-codes/pc-25850-carrying-a-loaded-firearm-in-public) - [PC 29800 - Felon in Possession of a Firearm](https://www.thehfirm.com/penal-codes/pc-29800-felon-in-possession-of-a-firearm) - [PC 245(a) - Assault With a Deadly Weapon or Firearm](https://www.thehfirm.com/penal-codes/pc-245-a--assault-with-a-deadly-weapon-firearm) --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.