California has some of the strictest firearms laws in the nation. While these laws were meant to protect Californians from violent crime, the practical result is that many innocent or well-intentioned people get convicted for carrying weapons outside of their homes or businesses.
If you’ve been charged with carrying a loaded firearm in public, you should retain the services of a skilled San Diego weapons defense attorney as soon as possible. The penalties for breaking firearms regulations are harsh, and the sooner your lawyer can begin working on your case, the better chance you’ll have of avoiding a conviction.
It’s Illegal to Carry a Loaded Firearm on Your Person or in Your Vehicle
In substantially similar language, California Penal Code sections 12031 and 25850(a) prohibit carrying loaded weapons on your person or in your car. For a prosecutor to successfully build a case against you, he or she will have to prove beyond a reasonable doubt that:
- You carried a firearm on your person or in your car
- You knew you carried a loaded firearm
- You were in a public place
Without aggravating factors, carrying a loaded firearm in public is a misdemeanor punishable by a maximum sentence of one year in jail and / or a $1,000 fine. In other cases, the offense becomes a wobbler, which means it may be charged as either a misdemeanor or a felony punishable by a possible $1,000 fine and up to three years in prison. Carrying a loaded weapon is a wobbler when:
- There is evidence that you are not registered with the Department of Justice as the firearm’s owner
- You have a prior conviction for a misdemeanor against a person or property, or a conviction for a narcotics offense
Under the following circ*mstances, carrying a loaded weapon will be charged as a felony, punishable by up to three years in prison and / or a $10,000 fine:
- You have a prior felony conviction
- You have a prior conviction for a California firearms offense
- The gun was stolen and you knew it to be stolen
- You are a gang member
- You are not allowed to own a gun
How to Defend Against Your Firearms Charges
If the prosecution succeeds in convicting you of the felony version of carrying a loaded firearm, you will face serious repercussions in addition to the jail time and fine. A felony conviction will affect your ability to own a gun in the future, to perform certain professions, and to stay in the United States if you are not a US citizen. For this reason, the next best outcome besides a verdict of innocence is to receive a conviction for the misdemeanor version of the offense, which has less serious consequences.
Depending on the specifics of your case, it may be possible for your attorney to have your case dismissed based on the prosecution’s lack of admissible evidence against you. The prosecution’s evidence may be inadmissible when your lawyer can demonstrate that:
- The arresting officer lacked probable cause to pull you over and search your car
- Law enforcement lacked probable cause to search your person
- The police did not read your Miranda rights during the arrest
If the case goes to trial, your San Diego gun charges attorney can use other defenses, such as:
- Arguing that you were carrying the gun in self-defense
- Demonstrating that you did not know that you were carrying the firearm
- Showing that you were not in a public place (you are allowed to carry a weapon on hunting grounds, or at a place of temporary residence, such as a campsite)
- Showing that your weapon was not loaded
At McElfresh Law, we strive to protect the rights and freedoms of every one of our clients. This means looking closely at all available evidence and building creative and effective defenses to their charges. San Diego gun charges attorney Jessica McElfresh has years of experience defending San Diego citizens charged with firearms offenses. You can call her today at (858) 756-7107 for a free and confidential consultation of your case.
FAQs
Maine has no law regarding unloaded firearms in vehicles. A person may not possess a loaded firearm in a motor vehicle or trailer, except that a person with a valid permit to carry a concealed weapon may have a loaded handgun covered by that permit.
Is it OK to keep a gun loaded? ›
Having a Loaded Handgun Helps with Defense
The gun can be kept loaded and ready to access within seconds, but still safe from children or adults. Make sure guns are always secured where no one else can access them, never point them at anyone, and never place your finger on the trigger until ready to shoot.
Can you conceal carry a loaded gun in California? ›
California's Concealed Carry Laws
The law allows individuals with a concealed carry weapon (CCW) permit to carry their firearms. In California, it is illegal to have a loaded or unloaded gun openly. A CCW permit allows ordinary citizens to carry guns legally in public.
Can I open carry a loaded handgun in Virginia? ›
A firearm may be carried openly in Virginia except where prohibited by statute. Please refer to §§ 18.2-279 to 18.2-311.2. The Code of Virginia may be searched at http://leg1.state.va.us/000/src.htm.
Can I open carry in Maine? ›
Open and concealed carry are legal in Maine without a permit. Any person 21 or older, or at least 18 and active duty or honorably discharged military, who can legally possess a firearm, is allowed to carry openly or concealed.
Is Maine a stand your ground state? ›
This may apply to certain violent situations in some states—and the “Castle Doctrine” is often cited as justification for using violence when defending a home—but Maine has no “stand your ground” law as such for the defense of a person if a threat is encountered in a public place.
Is it bad to keep a gun magazine fully loaded? ›
Generally, Loaded Magazines Are Fine
According to Aimingexpert.com, it's generally fine to keep magazines loaded without ruining them. This is the consensus among notable gun experts who've voiced opinions on this topic.
Should you shoot your carry gun often? ›
But for most of us, that's just not practical or even possible. So how often should you be practicing to keep your shooting skills sharp? Most experts and trainers recommend shooting a minimum of one to two times each month to confidently operate your firearm of choice.
How many people lock up their guns? ›
The new UC Davis survey found that 36.8 percent of California gun owners store their weapon in a “moderately secure” fashion, defined as locked and loaded or unlocked and unloaded. Meanwhile, 34.8 percent store their guns in the most secure way, locked and unloaded.
Is a loaded magazine considered a loaded gun? ›
A firearm is loaded if there is an unexpended cartridge or shell in the firing chamber or in either a magazine or clip attached to the firearm.
Carrying a loaded firearm – PC 25850. California Penal Code 25850 PC makes it a crime for a person to carry a loaded firearm in a vehicle or public place. Absent aggravating circ*mstances, a violation of PC 25850 is a misdemeanor.
What is the PC for possession of a loaded firearm? ›
Under California Penal Code 25850(a), it is a crime for you to carry a loaded firearm on your person or in a vehicle in any public place or on a public street. If you are accused of violating PC 25850, it is crucial that you call an experienced team of lawyers as soon as possible.
Is California an open carry state? ›
It is generally illegal in California to carry firearms in public, regardless of whether they are loaded or unloaded, openly carried or concealed. That said, there is an exception that allows counties with populations of less than 200,000 to issue licenses to people to open-carry loaded handguns (not long guns).
What disqualifies you from owning a gun in the US? ›
Has been convicted of any one of a number of enumerated crimes (including both felonies and misdemeanors) involving violence, hate crime offenses, child or elder abuse, the unlawful misuse of firearms, or violation of California laws regarding safe storage of firearms around minors and people who cannot legally access ...
Can you have a loaded gun on an ATV in Maine? ›
Loaded Firearms in Motor Vehicles
It is unlawful to have a loaded firearm or archery equipment in or on a motor vehicle (including trailer, ATV, aircraft, snowmobile, or railway car), unless otherwise specified.
Is Maine firearm friendly? ›
In general, yes, Maine would likely be considered a gun-friendly state. Maine is a shall-issue, constitutional carry state where anyone 21 or older who can legally possess a firearm is allowed to carry openly or concealed.
Where is it legal to shoot guns in Maine? ›
Unless a relevant municipal ordinance provides otherwise and except as provided in subsection 4 and sections 12401 and 12402, discharge a firearm, including a muzzle-loading firearm, or cause a projectile to pass as a result of that discharge within 100 yards of a building or residential dwelling without the permission ...
What are all the gun laws in Maine? ›
*No permit is necessary to carry openly while in this state, or to carry a concealed handgun if the person is at least 21 years old, or between 18 and 21 and on active duty in the Armed Forces of the United States or the National Guard or is an honorably discharged veteran, and is not otherwise prohibited from carrying ...
