Weapons Charges 2017-08-29T19:30:55+00:00

Concealed Weapons Charges

weaponsDefending yourself against a concealed weapons charge

Currently, California law makes it illegal to carry a concealed weapon in your vehicle or on your body. Although there are currently court cases challenging the current laws as unconstitutional, presently if you are arrested on a concealed weapons charge, you may face either a misdemeanor or a felony charge, depending on the circumstances of your case.

 

 

To be charged with the crime of carrying a concealed weapon, three elements must be present.

  1. A person must have concealed a firearm on themselves or in a vehicle
  2. They must have known about the presence of a concealed weapon
  3. The gun was substantially concealed, meaning if you were carrying a weapon in plain view, you cannot be guilty of this particular law. However, you can then be charged under a different statute for carrying an exposed gun in a public place.

Fortunately, there are many possible defenses to concealed hand gun charges.

  • You didn’t know you were carrying a gun. If somebody placed a gun in your backpack or in your car without you knowing about it, you’re not liable for this crime.
  • The gun is in a trunk or locked container in your car.
  • You are licensed to carry a concealed weapon. The burden rests on you to be able to show you have a valid permit.
  • The concealed weapon was in your home or a business that you own. This does not extend to people who live or work in their cars with the exception of taxi drivers.
  • The concealed weapon was discovered as a result of an illegal search by police. Your 4th Amendment rights protect you from unreasonable search and seizure, and if an officer searches you without probable cause or a California search warrant, your rights may have been violated.
  • You are carrying the concealed weapon for self-defense. If you are the subject of ongoing threats that have resulted in a restraining order, or you can prove your life is in grave danger, you may be able to get concealed weapons charges dismissed.