California Penal Code 25400 PC: Carrying a Concealed Firearm

Under California Penal Code 25400 PC, it is illegal to carry a concealed firearm on your person, in a vehicle under your control, or concealed in a container or bag without a valid concealed carry permit (CCW).

This statute applies to handguns, revolvers, and any firearms that can be concealed on a person. Understanding how PC 25400 is defined, prosecuted, and defended requires examining its statutory baseline and real-world application.

Legal Definition of PC 25400

California Penal Code Section 25400(a):

"A person is guilty of carrying a concealed firearm when they do any of the following:

(1) Carries concealed within any vehicle which 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."

Key Elements Prosecutors Must Prove Beyond a Reasonable Doubt

To secure a conviction under PC 25400, the prosecution must prove three distinct legal elements:

Substantial Concealment: You carried or stored a handgun, revolver, or concealed-capable firearm. The weapon was substantially concealed from ordinary view (whether on your body, under a car seat, or inside a bag or glove compartment).
Knowledge: You knew the firearm was present and concealed.
Control or Possession: You had either actual physical control over the weapon or constructive possession (control over the area where the weapon was hidden).

Penalties and Offense Classification

Penal Code 25400 PC is a wobbler in California law, meaning it can be charged as either a misdemeanor or a felony depending on the defendant's criminal history and specific aggravating circumstances.

Charge Level	Maximum Jail Time	Potential Fines	Additional Consequences
Misdemeanor	Up to 1 year in county jail	Up to $1,000	Loss of firearm ownership rights for 10 years
Felony	16 months, 2 years, or 3 years	Up to $10,000	Lifetime ban on firearm ownership

Mandatory Felony Circumstances

The charge automatically becomes a felony if:

You have a prior felony conviction or a prior conviction for a California firearm offense.
The firearm was stolen, and you knew or had reasonable cause to believe it was stolen.
You are an active participant in a criminal street gang (under PC 186.22).
You were unlawfully in possession of the firearm (e.g., prohibited under PC 29800).
You were previously convicted of a crime against a person, property, or a narcotics/drug offense.

Real-World Example: Illegal Transport vs. Lawful Carrying

Scenario: Alex is driving home from a target range with an unloaded handgun stored in an unlocked canvas pouch under his passenger seat. A police officer stops Alex for a broken taillight and discovers the handgun during a vehicle search.

Legal Analysis:

Violation under PC 25400: Because the handgun is concealed under the seat in an unlocked container, it is considered a concealed firearm in a vehicle under PC 25400(a)(1).
How to transport lawfully: Under California law, an unloaded handgun in a vehicle must be secured in the vehicle's trunk or in a locked container other than the utility or glove compartment (PC 25610). Because Alex failed to secure the container, he faces PC 25400 misdemeanor charges.

Legal Defenses Against Concealed Carry Charges

Criminal defense attorneys commonly raise several key defenses against PC 25400 allegations:

Valid Concealed Carry Permit (CCW): Individuals holding a valid CCW issued under PC 26150 or PC 26155 are exempt from prosecution if they comply with all permit conditions.
Lack of Knowledge: If a passenger or driver was unaware that someone else placed a hidden firearm in the vehicle or bag, the prosecution cannot prove the required element of knowledge.
The Firearm Was Not Concealed: If the firearm was in plain view, it does not meet the legal threshold for "concealment" under PC 25400 (though open-carry laws such as PC 26350 may still apply).
Illegal Search and Seizure (PC 1538.5): If law enforcement officers discovered the weapon during an unconstitutional traffic stop, detention, or search lacking probable cause, a defense attorney can file a motion to suppress the evidence.

Related California Firearms Statutes

Penal Code 25850 PC (Carrying a Loaded Firearm in Public): Prohibits carrying a loaded firearm on your person or in a vehicle in any public place or city street.
Penal Code 26350 PC (Openly Carrying an Unloaded Handgun): Makes it illegal to openly display an unloaded handgun in public zones.
Penal Code 29800 PC (Felon in Possession of a Firearm): Prohibits individuals with prior felony convictions from owning, purchasing, or possessing any firearm.
Penal Code 626.9 PC (Gun-Free School Zone Act): Outlaws possessing or carrying firearms within 1,000 feet of school grounds without specific legal authorization.
Penal Code 417 PC (Brandishing a Weapon): Criminalizes drawing, exhibiting, or displaying a firearm in a rude, angry, or threatening manner.

Frequently Asked Questions

Can I legally keep a handgun in my car in California?

Yes, but only if the handgun is unloaded and secured inside a locked container or the vehicle's trunk under PC 25610. Storing an unlocked handgun under a seat, in an unlocked bag, or inside the glove compartment violates PC 25400.

Is carrying a concealed firearm always charged as a felony in California?

No, carrying a concealed firearm is often charged as a misdemeanor for first-time offenders who are otherwise legally permitted to own firearms, provided no aggravating factors like gang activity, stolen weapons, or prior convictions are present.

Can a passenger in a vehicle be charged under PC 25400?

Yes, a passenger can be charged under PC 25400(a)(3) if prosecutors show the passenger brought the concealed firearm into the car, had control over the area where it was hidden, or constructively possessed the weapon.

What counts as a locked container for legally transporting a firearm in California?

A locked container is a fully enclosed, secure box or case that is locked with a key, combination lock, or padlock. Under California law, a glove compartment or utility box does not qualify as a locked container.

What are the immigration consequences of a PC 25400 conviction?

Firearm convictions can trigger severe immigration consequences for non-U.S. citizens, including deportability, inadmissibility, and denial of naturalization under federal immigration law (8 U.S.C. § 1227).

Can charges under Penal Code 25400 be dismissed or expunged?

Yes, charges can be dismissed if defense counsel successfully suppresses evidence due to an illegal police search or demonstrates a lack of knowledge. If convicted of a misdemeanor, you may later petition for an expungement under PC 1203.4 upon completing probation.

Eisner Gorin LLP can help you. Schedule your consultation by calling (818) 781-1570 or using the contact form.

Concealed Firearm