Carrying a Loaded Firearm

Under California law, it is an offense to carry a loaded firearm in a public place or a vehicle. If you engage in this violation, you can be arrested and charged under Penal Code 25850. The law on carrying firearms aims to protect the public from sudden situations that can lead to injury or death. Before you face a conviction under this statute, the prosecuting attorney must establish the elements of your crime. It must be clear that you carried a loaded firearm and you knew of its existence.

After your arrest, the prosecutor can charge you with a crime as a misdemeanor or as a felony. Often, the factors of your case and your criminal record can affect the nature of your charges. Your conviction for carrying a loaded firearm will land you in jail or prison. Also, you may face hefty fines and a firearm ban. If you or a loved one faces charges under this statute in Los Angeles, CA, you could benefit from the expert legal insight we offer at Leah Legal Criminal Defense Attorney.

An Overview of California Penal Code 25850

California Penal Code 25850 makes it illegal to carry a loaded firearm in public or inside a vehicle. To convict you under this law, prosecutors must prove the following elements beyond a reasonable doubt:

You Carried a Firearm

The prosecution must first prove that you carried a firearm. Under this statute, a firearm is any device from which a projectile is discharged. Common firearms include pistols, revolvers, rifles, and shotguns. The firearm may have been on your person, inside a bag, or inside a vehicle you were driving. PC 25850 applies even if you were not holding the firearm at the time of the arrest.

The Firearm Was Loaded

You will only be charged under PC 25850 if the firearm you carried was loaded. Under California law, the court considers a gun loaded when ammunition is in a position that allows you to fire it. In this case, the prosecution must prove that the ammunition was in the chamber. 

You Knew the Firearm Was Present

The court cannot find you guilty of carrying a loaded firearm if you did not know of its existence. For this reason, the court is only able to convict you if the prosecution shows that you were aware of the presence of the firearm. Your statements and the gun’s positioning can prove this. 

You carried the Firearm in a Public Place or Vehicle

PC 25850 applies when you carry a loaded firearm in public or inside a vehicle on a public street. Public areas include sidewalks, parks, and parking lots.

No Legal Exception Applied

Before you face a conviction for carrying a loaded firearm, the prosecution must prove that there is no legal exception that applies to your case. Certain people may legally carry loaded firearms under limited exceptions. These include some peace officers or licensed concealed carry holders.

Legal Penalties under the California Penal Code 25850

Carrying a loaded firearm is a wobbler under California law. It means that the prosecutor can file charges for a misdemeanor or a felony. The severity of your violation and your criminal record can affect the prosecutor’s decision on how to charge you. For a first offense, a violation of PC 25850 is charged as a misdemeanor. A conviction in this case will result in:

• A one-year jail sentence
• A fine not exceeding $1,000
• Community service
• Misdemeanor probation
• Loss of firearm rights for a period of time

As a felony, the offense is punishable by:

• 16 months, 2 years, or 3 years in state prison
• Fines of up to $10,000
• Felony probation
• A lifetime loss of firearm rights

Sometimes, the court will impose more severe punishment if there are aggravating factors in your case. Common aggravating factors in a PC 25850 charge include:

You have a Prior Firearm-Related Conviction

California law is strict on repeat offenders. Having multiple or prior convictions shows your inability to rehabilitate. In this case, you could face felony charges and receive a harsher sentence.

You Carried a Stolen Firearm

Possession of a loaded gun that has been reported as stolen is an aggravating factor that will make your crime more serious.

You are a Member of a Street Gang

Under California Law, those who commit crimes while being members of street gangs may receive harsher punishments for carrying a gun. If you carried a firearm and used it to support gang activities, you can face more severe penalties.

You are Prohibited From Owning a Firearm

Under California law, you cannot legally own a firearm when you have a felony conviction on your record. Also, if the court imposes a firearm restriction for another conviction, you can’t purchase or possess a firearm. Under these circumstances, a conviction for carrying a loaded firearm will attract severe legal penalties.

You Used the Firearm for a Violent Crime

The court does not require you to use a firearm for you to be convicted under PC 25850. However, if you used or intended to use the firearm for a violent crime, you can face a felony conviction. In this case, you will face severe legal and collateral consequences.

Probation for Carrying a Loaded Firearm in California

After a conviction in California, you can face incarceration, fines, or probation. Probation is often an alternative to serving time in jail or prison. If the underlying offense is your first or if your case did not have any aggravating factors, the judge may sentence you to probation for a felony or misdemeanor under PC 25850. Being sentenced to probation means that you will not serve time behind bars. But the judge may add the following terms:

• Obey state and federal laws. You must avoid new arrests or criminal offenses during probation. Even a minor offense can create problems with the court.
• Attend probation meetings. You may need to report to your probation officer while on felony probation.
• Pay fines and fees. The judge can issue an order requiring you to pay all court fines during probation.
• Subjected to Searches. Sometimes, the court may require you to undergo random searches. A police officer does this without obtaining a search warrant on your person, house, or vehicle.
• Perform community service. At other times, the court may require you to serve your sentence through community service, as opposed to being jailed.

Lasting Impact of your  Conviction for Carrying a Loaded Firearm

The Impact of a conviction under California Penal Code 25850 can continue even after the criminal case ends. Many people face personal, financial, and professional problems because of the conviction. The lasting consequences of a conviction under this statute include:

Employment Problems

Many employers will check your criminal record before hiring you for a job. If you have a conviction for a firearm-related crime, an employer may view you as a risk. Th employer could use the conviction to deny you the job. When you have a conviction for carrying a loaded firearm, you may miss out on opportunities in security or healthcare.

Loss of Firearm Rights

A conviction may limit your right to own or possess firearms. Some misdemeanor convictions in California trigger temporary firearm bans. If you face a felony charge, the firearm ban can last a lifetime. You could face additional charges if you purchase a firearm under these circumstances.

Professional License Issues

Professional licensing boards often review criminal records before issuing or renewing licenses. If you are a nurse, teacher, or healthcare worker, a conviction for carrying a loaded firearm can result in the suspension or revocation of your license.

Immigration Consequences

For U.S. citizens, jail or prison time is the most dreaded consequence of a conviction. For non-citizens, the consequences of being found guilty of carrying a loaded weapon may involve problems regarding their immigration status. The verdict might impact the applicant’s chances of obtaining visas, green cards, or even citizenship. At times, the immigrant could face deportation.

Housing Difficulties

Many landlords check criminal records before renting out properties. You may find it challenging to find decent housing if you have a conviction for carrying a loaded firearm.

Harm to Reputation

A criminal conviction can damage your reputation. After learning of your conviction, friends and family members may treat you differently. Such a situation can leave you isolated. 

Expunging a PC 25850 Conviction in California

PC 25850 makes it illegal to carry a loaded firearm in public. Even after you finish your sentence, the conviction may still appear on background checks. In California, convictions are public record, and employers or landlords can find them. A conviction for carrying a loaded firearm can make it hard for you to find a job or decent housing.

Expungement may help reduce some of the disabilities of your conviction. California law allows many people with criminal convictions to expunge them. Expungement may not erase your criminal record entirely. Instead, the judge will reopen your case and dismiss the conviction. Under California law, you can withdraw your guilty or no contest plea and enter a not-guilty plea before a case dismissal.

After an expungement, your record shows that the conviction was dismissed. Employers in many private jobs may no longer use the conviction against you. However, government agencies and law enforcement can still see the record. Not everyone with a criminal record qualifies to expunge their record under PC 1203.4. You must meet certain conditions. Common requirements you must meet for an expungement include:

• You completed your probation successfully. At times, you might be sentenced to probation instead of serving prison time. Before expunging your criminal record, you will need to have satisfied all the probation conditions.
• You have successfully served all your jail terms or other sentencing terms. You need to fulfill all jail terms and other sentencing terms before requesting expungement of your criminal records.
• You have paid all fines or other costs related to your case. Apart from prison and probation, the court will fine you for having a loaded firearm. The court can grant your expungement request only after you pay all fines.
• You are not currently charged with another criminal offense. You should not be facing charges for another crime when filing to expunge your conviction.

Many misdemeanor PC 25850 convictions qualify for expungement. If you faced a conviction for a felony under this statute, you may need to have it reduced to a misdemeanor before seeking an expungement. The process of expunging your record begins with filing a petition with the court and paying the filing fees. After receiving your petition, the judge can review it and schedule a hearing. At the expungement hearing, the judge may review the following information:

• Your probation history
• Your criminal record
• Your conduct since the conviction

If the court grants the petition, the conviction will be updated as dismissed. If your case involves probation violations or other complications, you should work with a reliable criminal defense lawyer.

Benefits of Expunging a PC 25850 Conviction

Expungement can provide the following benefits:

• Improved employment opportunities
• Better housing opportunities
• Improved professional licensing chances
• Reduced stigma from the conviction
• Peace of mind after completing the sentence

A conviction for PC 25850 results in the loss of firearm rights. Even after an expungement, the firearms are not automatically restored. Also, the expungement cannot reverse immigration consequences.

Legal Defenses Against Charges For Carrying a Loaded Firearm

The stakes are high for defendants facing allegations and charges for carrying a loaded weapon in California. Even after facing severe criminal penalties, a conviction can follow you for the rest of your life. You can present the following defenses in your case:

The Firearm Was Not Loaded

One of the strongest defenses you can present in your case is showing that the firearm was not loaded. Under California law, prosecutors must prove the gun contained ammunition in a position that allows you to fire. However, even when the weapon was not loaded, you would not walk scot-free. Instead, you will be charged with carrying an unloaded firearm under PC 25850. Carrying an unloaded firearm is a misdemeanor that attracts less severe penalties.

You Did Not Know the Firearm Was There

A key element that the prosecution must prove when proving your liability under PC 25850 is that you knowingly carried the firearm. You can unknowingly carry a firearm if it is hidden in your vehicle or borrowed property. In this case, you could use your lack of knowledge of the weapons’ existence as your defense.

Illegal Search and Seizure

Many cases of unlawful possession of weapons arise after an unlawful search or seizure. Police officers must follow constitutional rules when searching a person or vehicle. A search is unlawful if the officers lacked a warrant or exceeded its scope. If you are a victim of an unlawful search, you can petition the court to dismiss the evidence discovered.

You Qualified for a Legal Exception

California law provides exceptions for certain individuals and situations. An exception may apply to you if you are a peace officer or you have a license for concealed carry. Sometimes, self-defense situations also create legal protections. If a valid exception applies in your case, you can seek a dismissal.

The Firearm Did Not Belong to You

Ownership may become a key factor in your PC 25850 case. Being near a firearm does not mean that you own it. For example, if you are in a public vehicle with multiple other people, proving the carrier may be challenging for the prosecution. In this case, you can argue that another person owned or possessed the weapon.

Lack of Proof Beyond a Reasonable Doubt

The prosecuting attorney must prove all the elements of the crime beyond a reasonable doubt. The prosecution uses physical evidence, witness statements, and forensic evidence to prove its case. You can avoid a conviction by arguing that the prosecution lacks enough evidence to prove the case. If reasonable doubt exists, the jury must find you not guilty.

Offenses Related to Carrying a Loaded Firearm in California

A violation of PC 25850 attracts severe criminal charges and penalties. When you face charges under this statute, the prosecution can introduce charges for the following related offenses:

Unlicensed Sale of Firearms

Selling or transferring a firearm to another person without a license is a crime charged under California Penal Code 26500. The law enforces strict regulations on firearm sales to prevent unsafe transfers. To secure a conviction for a violation of this statute, the prosecution must prove that:

• You sold or leased a firearm.
• You acted knowingly and willingly.
• You did not have the required firearms dealer license.

You must purchase a firearm from a licensed dealer even if the purchase is legal. Unlicensed selling of firearms can sometimes be classified as a misdemeanor. A person found guilty of this offense will face: 

• Up to one year in jail
• Fines
• Probation
• Firearm restrictions

If you sell a firearm to a prohibited person or you have a prior conviction, the prosecution can file felony charges against you. A felony conviction may result in a lengthy prison sentence and more fines. If you face charges for carrying a loaded firearm alongside an unlicensed sale, you risk facing harsher penalties.

Carrying a Concealed Weapon

California PC 25400 makes it a crime to carry a concealed weapon without legal authorization. California generally requires you to have a concealed carry permit before carrying a firearm in public. To convict you under this statute, the prosecutor must prove that:

• You carried a firearm capable of being concealed.
• You hid the firearm from view.
• You knew that you were carrying the firearm.

For a first offense, carrying a concealed firearm will attract misdemeanor charges. The penalties for the offense include:

• Up to one year in jail
• Misdemeanor probation
• Fines
• Firearm restrictions

Your violation of PC 25400 may become a felony if the firearm you carried was stolen or loaded. Felony penalties can include state prison time, higher fines, and longer probation. If you carry a concealed firearm that is loaded, you could be charged with PC 25400 and PC 25850.

Openly Carrying an Unloaded Weapon

California PC 26350 makes it a crime to carry an unloaded firearm openly. California adopted strict open carry laws to address public safety concerns. To establish your liability for the offense, the prosecutor must show that:

• You openly carried an unloaded handgun in a public place or public street within a prohibited area.
• The firearm was visible to others.

PC 25400 applies to handguns, rifles, or shotguns. Carrying an unloaded firearm is a misdemeanor. The possible consequences for this offense include:

• Up to one year in  jail
• Fines
• Probation
• Confiscation of the firearm

If there are aggravating factors in your case, the penalties you face may be more severe. Common aggravating factors that can apply in your case include:

• Carrying a firearm near schools or government buildings
• Prior criminal convictions
• Using the firearm to threaten another person

If you face charges for a loaded firearm, you can argue that the firearm was not loaded. In this case, you will not walk away without consequences. Instead, the prosecution will reduce your charges to PC 25400, which is a less serious offense.

Find a Skilled Criminal Defense Lawyer Near Me

If you carry a loaded firearm in California, you can be arrested and charged under California PC 25850. This law applies to individuals who do not have a lawful permit to carry a firearm. You can face a conviction for the crime if the prosecuting attorney proves that you carried a firearm with bullets in the chamber and you acted willingly. The court does not need evidence showing that you intended to use the firearm. Depending on the different case circumstances, carrying a loaded firearm can attract a misdemeanor or felony charge.

Regardless of the nature of your charges, a conviction under this statute can result in severe consequences. After serving your prison time and paying your fines, the conviction will be entered on your record. Since criminal convictions are public information, they will affect your employment, licensing, or immigration status. Thankfully, not all resets for the crime result in a criminal charge. When you turn to Leah Legal Criminal Defense Attorney, we can help you fight the charges and avoid a conviction. Contact us at 213-444-7818 from Los Angeles, CA, to learn more.