If you own a firearm in California, you must know the laws regulating how and where you can carry it. California Penal Code 25850 PC makes it a crime to carry a loaded firearm in public places or on the street without a valid permit. PC 25850 applies to handguns and long guns, such as rifles and shotguns.

Carrying a loaded firearm is a serious offense with severe consequences for your freedom and future. If you face charges under Penal Code 25850 PC, you need an experienced criminal defense attorney to protect your rights and fight your charges.

At Michele Ferroni Pasadena Criminal Attorney Law Firm, we can help you. We have defended many clients accused of carrying a loaded firearm and other weapon offenses in PAsadena. We can help you achieve the best possible outcome for your case.

When Is It a Crime to Carry a Loaded Firearm?

According to Penal Code 25850 PC, it is a crime to carry a loaded firearm on your person or vehicle while in any public place. Public places could include any street in an incorporated city or a prohibited area of unincorporated territory. The law applies to handguns and long guns, such as rifles and shotguns.

Before the court can find you guilty of this crime, the prosecutor must prove the following elements beyond a reasonable doubt:

  • You carried a loaded firearm on your person or in your vehicle.
  • You knew that you were carrying a firearm.
  • You were in a public place or on a public street.

Examples of Penal Code 25850 PC violations are:

  • Walking down the street with a loaded handgun in your pocket without a CCW.
  • Driving with a loaded shotgun in your trunk without a hunting license.
  • Carrying a loaded rifle on your shoulder while entering a movie theater.

What Is a Firearm Under California Law?

According to California law, a firearm is any device designed to be used as a weapon from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion. These devices include rockets, rocket-propelled projectile launchers, or similar devices containing explosive or incendiary material.

Examples of firearms are:

  • Pistols.
  • Revolvers.
  • Rifles.
  • Shotguns.
  • Machine guns.
  • Submachine guns.
  • Assault weapons.

Examples of devices that are not considered firearms are:

  • Air guns.
  • BB guns.
  • Pellet guns.
  • Paintball guns.
  • Toy guns.

What Does “Loaded” Mean?

California law states that a firearm is considered loaded if it contains shells or cartridges that are not expended. That means a bullet is in the firing chamber, or a magazine or clip is attached to the firearm. It does not matter if the firearm can be fired if it meets this definition.

Knowledge of the presence of a firearm means that you were aware that you had a firearm on your person or in your vehicle. You do not need to know that the firearm was loaded, but you must have known that it was a firearm. If you did not know you had a firearm, you are not guilty of carrying a loaded firearm.

Statutory Exemptions From PC 25850

In some situations, you can legally carry a loaded firearm in public or in a vehicle without violating PC 25850. Some of these exceptions are:

  • You are a peace officer, a retired peace officer, an active military personnel, an authorized security guard, or a money transporter.
  • You have a permit from the local sheriff or chief of police to carry a loaded handgun openly.
  • You are lawfully carrying a firearm for hunting or firing range, kept in a locked container.
  • You have a concealed weapon permit to carry a loaded handgun.
  • You are licensed to carry a loaded and open handgun in the county that licensed you.
  • Hunters or fishermen engaged in lawful hunting or fishing activities and have a valid license.
  • Persons transporting firearms to or from a target range, gun show, or repair shop and have the firearms unloaded and locked in a container.
  • Persons with a valid concealed carry weapon (CCW) permit can carry a loaded firearm in public or a vehicle.
  • Persons who are in lawful possession of an unloaded firearm that is not a handgun and is on private property that is not open to the public.

An example of an instance in which the court could not convict you of carrying a loaded firearm is if you were stopped by the police while driving to a shooting range with your firearm locked in a container in your trunk. In this case, you would be exempt from PC 25850 if you had a valid reason to transport the firearm and did not access it while driving.

Persons Ineligible to Carry a Loaded Firearm

Some people are prohibited from carrying any firearm, loaded or unloaded, in California. These include:

  • Convicts of certain felonies or misdemeanors involving firearms or violence.
  • Narcotics addicts or patients diagnosed with certain mental disorders.
  • People who are subject to certain restraining orders or protective orders involving firearms.
  • Minors, or persons under 18 years old, unless they have permission from their parents or guardians and meet certain requirements.

What Are the Penal Code 25850 PC Penalties?

Carrying a loaded firearm in public or in a vehicle is a misdemeanor crime in California unless you fall under one of the exceptions or have an aggravating factor that makes it a wobbler. A wobbler is a crime that can be charged as either a misdemeanor or a felony, hanging on the circumstances and the prosecutor’s discretion.

The possible penalties for a misdemeanor violation of PC 25850 are:

  • Serving not over one year in jail.
  • A fine not exceeding $1,000.
  • Misdemeanor probation.

Some aggravating factors that can enhance the penalties for carrying a loaded firearm are:

  • Having a prior conviction for a felony or a firearm offense.
  • Carrying the gun in gang-related activity.
  • Having a gun on your person near or in a school.
  • Having a firearm while under the influence of drugs or alcohol.
  • Carrying the gun with the intent to commit a felony.

Before charging you with a felony, the prosecutor will consider factors such as the nature of your offense, your criminal history, and the impact on the victim and the community. A felony conviction can result in the following:

  • Serving 16 months, two years, or three years in state prison.
  • A fine that does not exceed $10,000.
  • Felony probation.
  • Loss of particular civil rights, such as voting, serving on a jury, or owning firearms.

Straight Felonies

Carrying a loaded firearm is considered a straight felony when you are ineligible to possess any firearm due to a prior conviction or a legal prohibition. The penalties for a straight felony are more severe than those for a wobbler offense. These include:

  • Three years, five years, or ten years in state prison.
  • A fine not exceeding $10,000.
  • A lifetime ban on owning or possessing any firearms.

Three-Month Mandatory Minimum

You must serve a three-month minimum sentence if you are convicted of carrying a loaded firearm in public or in a vehicle and you have a prior conviction for one of the following offenses:

  • Penal Code 25400 PC - Carrying a concealed weapon.
  • Penal Code 246 PC - Shooting at an inhabited dwelling or occupied vehicle.
  • Penal Code 417 PC - Brandishing a weapon.

These offenses are considered serious and dangerous crimes involving firearms, and the law imposes a mandatory minimum sentence to avoid repeat offenders and protect public safety. The three-month minimum sentence is in addition to any other penalties that may apply for the underlying offense of carrying a loaded firearm.

Are There Legal Defenses To Carrying A Loaded Firearm?

If you are accused of carrying a loaded firearm in public or in a vehicle, you may have some legal defenses that you can raise to challenge the PC 25850 charges. Some of these defenses are:

No Knowledge Of Carrying A Firearm

One of the elements of PC 25850 is that you must have known you were carrying a firearm. You could not be guilty of this offense if you did not know your firearm was on your person or vehicle.

For example, if someone else placed a firearm in your backpack or glove compartment without your knowledge or consent, you could use this defense to show that you did not intentionally or knowingly carry a loaded firearm.

However, this defense may not work if the prosecution can prove that you should have known or reasonably suspected that you had a firearm based on the circumstances.

Firearm Not Loaded

The firearm on your person must have been loaded for the judge to sentence you under PC 25850. A loaded firearm has a live round of ammunition in the firing chamber or attached to it in a magazine. If you can show that the firearm was not loaded during your arrest, you can raise this defense to challenge the PC 25850 charges.

For example, if you had an empty magazine attached to the firearm or removed the ammunition from the firearm before carrying it, you could use this defense to prove that you did not violate PC 25850.

Your defense could not have your charges dismissed if the prosecution could prove that you had access to ammunition nearby or loaded the firearm after carrying it.

Exempt From The Law

As explained above, some parties are exempt from criminal liability for carrying a loaded firearm. The court cannot convict you if you fall under the "exempt" category and can prove it beyond a reasonable doubt.

Illegal Search And Seizure

If the police discover your gun through an illegal search, your attorney could suppress the evidence and dismiss the charges. The Fourth Amendment of the U.S. Constitution protects you from unreasonable searches and seizures by the government.

So the police must have a valid warrant, probable cause, or your consent to search you or your vehicle. If they violate your rights and conduct an illegal search, any evidence they find may be excluded from the court under the exclusionary rule.

For example, if the police stop you for a minor traffic violation and search your car without your permission or a valid reason and find a loaded firearm in your trunk, you could argue that the search was illegal and the firearm should not be admitted as evidence.

You Were Carrying The Gun In Self-Defense

Your lawyer could defend you against PC 25850 charges if you carried the gun in self-defense or in defense of others. California law recognizes the right to use reasonable force to protect yourself or someone else from imminent harm.

If you can show that you had a reasonable belief that you or another person were in danger of being killed or seriously injured by an attacker and that you carried the gun only as a means of defense, you may have a valid justification for violating PC 25850.

Note that you cannot use the defense if you provoked the attack, used excessive force, or had an opportunity to retreat or avoid the confrontation.

Were Not In a Public Place

Penal Code 25850 only applies to carrying a loaded firearm in a public place or in a vehicle on a public street or highway. A public place is open to or exposed to public view. You are also allowed to carry a loaded firearm on hunting grounds or at a place of temporary residence, such as a campsite, as long as you have a valid hunting license or permission from the owner.

If you can prove that you were in a private or secluded area that was not accessible or visible to the public, you could have your PC 25850 charges dropped or lowered.

Lack Of Admissible Evidence Against You

The prosecution has the burden of proving beyond a reasonable doubt that you committed the elements of PC 25850. The law requires that the prosecutor present reliable and relevant evidence that shows that you knowingly carried a loaded firearm in public. If the prosecution’s evidence is weak, unreliable, irrelevant, or obtained illegally, you could challenge its admissibility and credibility.

For example, if the prosecution’s only witness is an unreliable informant who has the motive to lie, or if the prosecution’s only evidence is a firearm that was seized without a warrant or consent, you could cast doubt on the prosecution’s case and have the charges dismissed or reduced.

Are There Immigration Consequences?

If you are a non-citizen who is charged with carrying a loaded firearm, you face immigration consequences in addition to criminal penalties. If you are convicted of a PC 25850 violation as a straight felony or a wobbler felony, you are subject to the following immigration consequences:

  • You are ineligible for naturalization or citizenship.
  • You are ineligible for a green card or lawful permanent residency.
  • You are ineligible for asylum, refugee status, or withholding of removal.
  • You are ineligible for cancellation of removal or other relief from deportation.
  • You are subject to mandatory detention and deportation without a hearing or appeal.

Expunging a Penal Code 25850 Violation

If you are convicted of carrying a loaded firearm, you could have your conviction expunged under Penal Code 1203.4. To be eligible for an expungement, you must meet the following requirements:

  • You must have completed your probation term without any violations or obtained an early termination of probation from the court.
  • You must have paid all the fines, fees, restitution, and other court-ordered payments.
  • You must not be charged with, convicted of, or on probation for another offense.

If you meet the above requirements, you can file a petition for dismissal with the court that sentenced you. The court will review your petition and decide whether to grant or deny it based on your criminal history, your compliance with probation, and the nature and circumstances of your offense. If the court grants your petition, it will dismiss your conviction and release you from the penalties and disabilities resulting from the crime.

An expungement can help you with certain aspects of your life that may be affected by a criminal record, such as employment, education, housing, and licensing. It can also restore some againstcivil rights, such as voting and serving on a jury.

However, an expungement does not erase or seal your criminal record, affect your immigration status, or affect your right to possess firearms. You must still disclose your conviction when applying for public office, a state license, or a contract with the state lottery.

You must also disclose your conviction if a government agency or court asks. Additionally, an expunged conviction can still be used as a prior offense to enhance your sentence if you commit another crime.

Does a PC 25850 Conviction Affect Gun Rights?

A conviction for PC 25850 can affect your gun rights in California and federally. Under California law, if you are convicted of a straight felony or a wobbler felony, you will lose your right to own, possess, or purchase any firearm for life. This is because PC 25850 is considered a serious felony under Penal Code 1192.7(C) and a violent felony under Penal Code 667.5(C), both categories of offenses that trigger a lifetime firearm ban in California.

If you are convicted of PC 25850 as a misdemeanor, you will lose your right to own, possess, or purchase any firearm for ten years. This is because PC 25850 is considered a misdemeanor involving using or possessing a firearm under Penal Code 29805, another category of offenses that triggers a 10-year firearm ban in California.

Under federal law, if you are convicted of PC 25850 as a straight felony or a wobbler felony, you will also lose your right to own, possess, or purchase any firearm for life. This is because PC 25850 is considered a crime punishable by more than one year in prison under 18 U.S.C. 922(g)(1), the federal statute prohibiting felons from possessing firearms.

If you are convicted of PC 25850 as a misdemeanor, you may or may not lose your right to own, possess, or purchase any firearm under federal law. This depends on whether your conviction meets the definition of a misdemeanor crime of domestic violence under 18 U.S.C. 922(g)(9), another federal statute prohibiting certain domestic violence offenders from possessing firearms.

A misdemeanor crime of domestic violence is defined as an offense that:

  • Has an element of the use or attempted use of physical force or threatened use of a deadly weapon.
  • Is committed by a current or former spouse, parent, guardian, cohabitant, co-parent, dating partner, or someone similarly situated to the victim.
  • Is punishable by up to a year of imprisonment.

If your conviction meets these criteria, you will lose your right to own, possess, or purchase any firearm for life under federal law. If your conviction does not meet these criteria, you may not lose your right to own, possess, or purchase any firearm under federal law.

Therefore, if you face PC 25850 charges, you should be aware of the potential impact on your gun rights and consult an experienced criminal defense attorney to help you protect your rights and explore your options.

Crimes Related to Carrying A Loaded Firearm

Related offenses to PC 25850 involve the illegal possession, carrying, or sale of firearms in California. These include:

Carrying A Concealed Weapon, Penal Code 25400

Carrying a concealed weapon is defined as carrying a firearm on your person or in your vehicle that is not visible to others. The prosecutor could charge this offense as a misdemeanor or a felony, depending on the circumstances and your criminal history.

The penalties for carrying a concealed weapon can range from probation and a fine to up to three years in county jail and a $10,000 fine. Some of the defenses to carrying a concealed weapon are:

  • You had a valid permit to carry a concealed weapon.
  • You did not know that you were carrying a concealed weapon,
  • You were in lawful possession of the firearm, which was temporarily concealed for a lawful purpose.
  • You were in your home, place of business, or private property, and you had the owner’s consent to carry the firearm.

California PC Section 29800, Felon In Possession Of A Firearm

A felon in possession of a firearm is defined as owning, possessing, or having control over a firearm if you have been convicted of a felony or certain misdemeanors in California or elsewhere. This offense is always charged as a felony and can result in up to three years in state prison and a $10,000 fine.

Openly Carrying An Unloaded Firearm In Public, PC 26350

Openly carrying an unloaded firearm in public is defined as carrying an exposed and unloaded handgun on your person or in your vehicle in any public place or street. The offense is usually charged as a misdemeanor, resulting in up to one year in county jail and a $1,000 fine.

However, if you have certain prior convictions or carry a firearm in certain prohibited areas, you can be charged with a felony and face up to three years in county jail and a $10,000 fine.

Unlicensed Sale of Firearms, PC 26500

Unlicensed sale of firearms is defined as selling, leasing, or transferring any firearm without a valid Department of Justice license. This offense can be charged as either a misdemeanor or a felony, depending on the type and number of firearms involved and your criminal history.

The penalties for the unlicensed sale of firearms can range from probation and community service to up to four years in state prison and a $10,000 fine.

Find a Reputable Pasadena Criminal Defense Near Me

California has serious gun laws. You could see yourself serving lengthy prison sentences if charged with a gun offense, especially if you carried a loaded firearm in public. Avoid these and other consequences, such as losing voting rights, by retaining an experienced defense lawyer.

At Michele Ferroni Pasadena Criminal Attorney Law Firm, we have helped several suspects facing charges for carrying loaded firearms in PAsadena, CA, have their cases dismissed. If you need legal assistance, please contact us at 626-628-0564. We offer free consultations and are available 24/7 to answer your questions and concerns.