Carrying Concealed Weapon Lawyers (PC 25400)

Carrying a concealed weapon under PC 25400 is a wobbler in California. Felony or misdemeanor, the consequences are real. Our San Diego defense lawyers fight for reduction, dismissal, or acquittal. Call 24/7.

A concealed weapon charge in San Diego changes everything overnight. One moment you’re going about your day. The next, you’re handcuffed, your firearm is seized, and you’re staring down a criminal case that could follow you for years.

The circumstances that lead to PC 25400 charges are rarely black and white. A legally purchased handgun stored in the wrong part of your vehicle. A firearm you forgot was in your bag after a trip to the range. A traffic stop that escalated into a search you never consented to. Military personnel stationed in San Diego who followed the rules in their home state but didn’t realize California’s carry laws are among the strictest in the country.

Charges are accusations, not convictions. The prosecution still has to prove every element beyond a reasonable doubt, and there are real, substantive defenses to these charges.

The fear, the confusion about what comes next, the worry about your job and your gun rights: it’s all understandable. But what matters now is the defense you build. At David P. Shapiro Criminal Defense Attorneys, we’ve defended clients facing weapons charges throughout San Diego County, from the Central Courthouse downtown to Chula Vista, El Cajon, and Vista. We know how these cases are investigated, how they’re charged, and where the weaknesses are.

The prosecution is already building their case. Evidence fades. Witnesses forget. The window for the strongest defense is now.

Quick Reference: PC 25400 Carrying a Concealed Weapon

Element	Details
Classification	Wobbler (misdemeanor or felony depending on circumstances)
Misdemeanor Penalty	Up to 1 year in county jail, up to $1,000 fine
Felony Penalty	16 months, 2, or 3 years in state prison, up to $10,000 fine
Straight Felony Triggers	Prior felony conviction, stolen firearm, gang participation, prohibited person
Strike Offense	No
Additional Consequences	Firearm confiscation, potential lifetime gun rights loss, professional license impact

What Is Carrying a Concealed Weapon Under California Law?

Penal Code Section 25400 makes it a crime to carry a concealed firearm on your person, in a vehicle you control, or to cause a concealed firearm to be carried in a vehicle you occupy.¹

Now, what does “concealed firearm” actually mean? The statute specifically applies to any pistol, revolver, or other firearm “capable of being concealed upon the person.” Under Penal Code Section 16530, that means any firearm with a barrel length under 16 inches or an overall length under 26 inches.² So we’re talking about handguns, essentially. Not rifles. Not shotguns. Handguns and similarly sized firearms.

The word “concealed” is critical here. California courts have defined “concealed” as “substantially hidden from ordinary observation.”³ The firearm doesn’t need to be completely invisible. But it does need to be hidden well enough that an ordinary person walking by wouldn’t notice it. A gun tucked in your waistband under a shirt qualifies. A gun sitting in plain view on your passenger seat does not.

What does that distinction look like in practice? Well, it means the line between legal and illegal can be thinner than most people realize. And it means the concealment element is often very much in dispute.

What Must the Prosecution Prove?

To convict you of carrying a concealed weapon under PC 25400, the prosecution must prove ALL of the following elements beyond a reasonable doubt.⁴

The elements differ slightly depending on whether the firearm was on your person or in a vehicle:

Concealed Firearm on Your Person (CALCRIM 2520)

1. You carried a firearm capable of being concealed on your person. The prosecution must prove the object was actually a firearm as defined by law, and that it was small enough to be concealed on a person.

2. You knew you were carrying it. This is not a minor technicality. The prosecution must prove you were actually aware the firearm was on your person. If someone slipped a gun into your bag without your knowledge, that’s not a crime.

3. The firearm was substantially concealed on your person. Partially visible firearms, firearms in open holsters, or firearms that an ordinary observer could plainly see do not meet this element.

Concealed Firearm in a Vehicle (CALCRIM 2521)

1. You carried a firearm capable of being concealed in a vehicle under your control or direction, or caused it to be carried in a vehicle you occupied. The prosecution has to connect you to the firearm. Merely being a passenger in a car where a gun is found is not enough by itself.

2. You knew the firearm was in the vehicle. Again, knowledge is essential. If you borrowed a friend’s truck and had no idea there was a handgun under the seat, the prosecution cannot prove this element.

3. The firearm was substantially concealed within the vehicle. A firearm sitting on the dashboard in plain view is not concealed. A firearm tucked under a seat or inside a closed bag is.

The burden is on them to prove all of this. Beyond a reasonable doubt. That’s a high bar. Every element is a question mark for the prosecution and an opportunity for the defense.

Wobbler Offense: Felony vs. Misdemeanor

What does it mean that PC 25400 is a “wobbler”? Well, for all intents and purposes, it means the prosecution has discretion to charge this crime as either a misdemeanor or a felony. That charging decision is one of the most consequential moments in your case.

When It’s Charged as a Misdemeanor

The base offense under PC 25400(c)(1) is a misdemeanor.⁵ This is the default classification when none of the aggravating factors listed below are present. First-time offenders with legally purchased, registered firearms and no other criminal conduct at the time of the arrest are most likely to face misdemeanor charges.

When It Becomes a Wobbler

Under PC 25400(c)(2) through (c)(5), certain aggravating factors elevate the offense to wobbler status, giving the prosecution the option to charge it as a felony:⁶

• You have a prior misdemeanor conviction for a crime against a person, property, or involving narcotics or dangerous drugs
• The firearm was stolen and you knew or had reason to know it was stolen
• You are an active participant in a criminal street gang under PC 186.22
• You are not the registered owner of the handgun

When It’s a Straight Felony

Under PC 25400(c)(6), the offense is always a felony if you are a person prohibited from possessing firearms under Penal Code Sections 29800 or 29900.⁷ That includes anyone with a prior felony conviction or certain specified misdemeanor convictions.

PC 17(b) Reduction: Felony to Misdemeanor

Here’s the critical point for anyone charged with the wobbler version: even if the prosecution files felony charges, your attorney can argue for reduction to a misdemeanor under Penal Code Section 17(b).⁸ This can happen at the preliminary hearing, at sentencing, or even after a felony conviction in some circumstances.

What factors does the court consider? No criminal history. No gang affiliation. The firearm was legally purchased and registered to you. No other criminal conduct at the time. Stable employment, family ties, community involvement. These are the kinds of arguments that move the needle. And this is exactly the kind of advocacy that separates experienced defense attorneys from everyone else.

Penalties and Consequences

Sentencing Ranges

Circumstance	Classification	Jail/Prison	Fine
Base offense (§ 25400(c)(1))	Misdemeanor	Up to 1 year county jail	Up to $1,000
Aggravating factors (§ 25400(c)(2)-(5))	Wobbler	Up to 1 year (misd.) or 16 months, 2, or 3 years (felony)	Up to $10,000
Prohibited person (§ 25400(c)(6))	Felony	16 months, 2, or 3 years	Up to $10,000

Sentencing Enhancements

Penalties can increase significantly when enhancements apply:

Gang enhancement (PC 186.22(b)): If the concealed carry was committed for the benefit of a criminal street gang, additional years can be added to the sentence.⁹

Strike priors: While PC 25400 itself is not a strike offense, if you have prior strike convictions, a felony conviction here triggers sentencing under the Three Strikes Law, potentially doubling your sentence.¹⁰

Firearm Confiscation

The concealed firearm is subject to seizure and forfeiture. You will not get it back.

Diversion Possibility

For misdemeanor charges, judicial diversion under Penal Code Section 1001.95 may be available.¹¹ This allows the court to place you on a diversion program, and if you complete the conditions successfully, the charges are dismissed. This is particularly viable for first-time offenders with no aggravating factors. It’s an outcome worth pursuing aggressively.

Collateral Consequences Beyond the Courtroom

Because PC 25400 is a wobbler, the difference between a felony and misdemeanor conviction extends far beyond the sentence itself. The collateral consequences can shape your life for years.

Firearm Rights

A felony conviction results in a lifetime firearms prohibition under Penal Code Section 29800.¹² You lose the right to own, possess, or purchase any firearm for the rest of your life. Even certain misdemeanor convictions can trigger a 10-year firearms ban under PC 29805.¹³ For someone who legally owns firearms for self-defense, hunting, or sport, this consequence alone can be devastating.

Professional Licensing

A weapons conviction, particularly a felony, can affect professional licenses across a wide range of fields: nursing, teaching, law enforcement, security, real estate, and more. Licensing boards conduct background checks, and a conviction involving a firearm raises red flags that can result in denial, suspension, or revocation.

Immigration Consequences

For non-citizens, a felony weapons conviction can trigger deportation, inadmissibility, or denial of naturalization. Even a misdemeanor weapons conviction may create immigration complications depending on the specific facts. In a city as diverse as San Diego, this is a consequence that cannot be overlooked.

Employment and Housing

Felony convictions appear on background checks. Many employers and landlords screen for criminal history, and a weapons-related felony can disqualify you from jobs and housing opportunities. A misdemeanor conviction is less damaging but still visible.

Child Custody

In family law proceedings, a weapons conviction can be used against you in custody disputes. Courts consider criminal history when evaluating a parent’s fitness, and a conviction involving a firearm carries particular weight.

Background Checks

Even after serving your sentence, a conviction under PC 25400 will appear on criminal background checks for employment, housing, professional licensing, and volunteer positions unless and until it is expunged.

Defense Strategies for Concealed Weapon Charges

The reality of the situation is that concealed weapon cases are often far more defensible than people assume. The question is identifying the right strategy based on the specific facts and then executing it with precision. Let’s walk through the approaches we consider.

Unlawful Search and Seizure

This is, in many cases, the single most effective defense. The vast majority of concealed weapon charges arise from traffic stops, pat-downs, or vehicle searches. If law enforcement lacked reasonable suspicion for the stop, probable cause for the search, or a valid warrant or warrant exception, the firearm evidence may be suppressed entirely under Penal Code Section 1538.5.¹⁴

What does that look like in practice? A pretextual traffic stop where the officer’s real reason was a hunch, not a traffic violation. A pat-down that exceeded the scope of a Terry frisk. A consent search where consent was coerced or never actually given. A vehicle inventory search that didn’t follow department policy. Each of these scenarios creates a viable suppression argument.

The firearm is the central piece of evidence. Without it, there is no case. We can, and will, file a motion to suppress if the facts support a position to do so.

Statutory Exemptions

California provides extensive exemptions to PC 25400 under Penal Code Sections 25600 through 25655.¹⁵ You may have been:

• Transporting the firearm in a locked container (PC 25610): A firearm carried in a locked container, other than the glove compartment or utility compartment, is not considered “concealed” under the statute. This is a critical distinction. The trunk of your car generally qualifies. The glove compartment does not, per Penal Code Section 16850.¹⁶
• At your own residence, business, or private property (PC 25605): Carrying a concealed firearm within your own home or place of business is exempt.
• Traveling to or from a shooting range, hunting activity, or gunsmith (PC 25630, 25640): Lawful transport for these purposes is protected.
• Holding a valid CCW permit (PC 25655): A valid concealed carry weapon license is a complete defense.

These exemptions are affirmative defenses. We raise the evidence, and then the prosecution must disprove the exemption beyond a reasonable doubt.

Lack of Knowledge

The prosecution must prove you knew the firearm was present. If the gun belonged to someone else, was left in a borrowed vehicle, or you genuinely did not know it was there, this element fails. Mere presence near a firearm is not enough. CALCRIM 2520 and 2521 both require proof of knowledge, and California courts have confirmed this is an essential element.¹⁷

Not “Concealed”: The Substantial Concealment Question

The firearm must be substantially concealed from ordinary observation.¹⁸ If the firearm was partially visible, in an open holster, or otherwise not hidden from plain view, the concealment element is not met. This defense turns on the specific facts: where exactly was the firearm, what was covering it, and would an ordinary person have noticed it?

Constructive vs. Actual Possession in Shared Vehicles

If the firearm was found in a vehicle with multiple occupants, the prosecution must prove you specifically exercised dominion and control over it. Being a passenger in a car where a gun is found under the driver’s seat does not, by itself, prove you were “carrying” it. This defense is particularly strong in multi-occupant vehicle scenarios where the firearm could belong to anyone present.

Temporary or Transitory Possession

If you briefly possessed the firearm for a lawful purpose, such as moving it to a safer location, securing it away from a child, or taking it from someone who posed a danger, this may negate the carrying element. The law recognizes that momentary possession for a legitimate safety purpose is different from the ongoing concealed carry that PC 25400 targets.

Second Amendment Challenges Post-Bruen

Following the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen (2022), there have been challenges to California’s concealed carry restrictions on Second Amendment grounds.¹⁹ While California courts have largely upheld PC 25400 post-Bruen, this is an evolving area of law. The argument is strongest when the defendant was otherwise law-abiding and the restriction lacks a clear historical analogue. This is not a defense that applies in every case, but it is one we evaluate when the facts warrant it.

A Note for Military Personnel in San Diego

San Diego’s large military population means a significant number of concealed carry cases involve active-duty service members stationed at bases like Camp Pendleton, Miramar, or Naval Base San Diego. Many of these service members come from states with far more permissive carry laws. They’re trained on firearms. They respect firearms. They may have carried legally for years before receiving orders to California.

None of that matters to the San Diego District Attorney’s Office if your firearm is concealed in your vehicle without meeting California’s strict requirements.

If you’re active-duty military facing a PC 25400 charge, the stakes extend beyond the criminal case itself. A conviction can affect your security clearance, your military career, and your ability to carry a service weapon. These cases require a defense attorney who understands both the criminal law and the unique pressures facing service members.

Related Charges: Understanding the Differences

Concealed weapon charges often overlap with other firearms offenses. Understanding the distinctions matters because prosecutors frequently stack charges.

Offense	Code Section	Key Difference
Carrying a loaded firearm	PC 25850	Addresses loaded firearms in public, regardless of concealment
Open carry of unloaded handgun	PC 26350	Prohibits openly carrying an unloaded handgun in public
Felon in possession of a firearm	PC 29800	Applies to prohibited persons possessing any firearm
Brandishing a weapon	PC 417	Involves drawing or exhibiting a firearm in a threatening manner
Carrying in a school zone	PC 626.9	Location-specific prohibition near schools

A firearm can be both concealed and loaded, meaning you can be charged under both PC 25400 and PC 25850 simultaneously for the same weapon. The defense strategy differs when facing dual charges, and understanding how these statutes interact is essential to building an effective defense.

Facing Concealed Weapon Charges in San Diego?

When your gun rights, your career, and potentially your freedom are on the line, you need attorneys who handle weapons cases regularly in San Diego courts. We’ve defended clients caught up in pretextual traffic stops, consent search disputes, and situations where a legally purchased firearm was simply in the wrong place at the wrong time. We know how to challenge the search, attack the concealment element, argue for wobbler reduction, and pursue diversion when it’s available. David P. Shapiro Criminal Defense Attorneys has continuously been recognized for its excellence by organizations like the Better Business Bureau, SuperLawyers, and the San Diego Business Journal.

The sooner we start, the more options you have.

Call us 24/7 for a consultation. We’ll review the facts of your case, explain what you’re actually facing, and start building your defense immediately.

References

1. 1. Penal Code, § 25400, subd. (a) [“A person is guilty of carrying a concealed firearm when the person does any of the following: (1) Carries concealed within any vehicle that 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.”]↑ Penal Code, § 25400, subd. (a) [“A person is guilty of carrying a concealed firearm when the person does any of the following: (1) Carries concealed within any vehicle that 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.”]
2. 2. Penal Code, § 16530 [“As used in this part, ‘firearm capable of being concealed upon the person’… includes any pistol, revolver, or other firearm capable of being concealed upon the person.”]↑ Penal Code, § 16530 [“As used in this part, ‘firearm capable of being concealed upon the person’… includes any pistol, revolver, or other firearm capable of being concealed upon the person.”]
3. 3. People v. Hale (1974) 43 Cal.App.3d 353 [defining “concealed” as substantially hidden from ordinary observation].↑ People v. Hale (1974) 43 Cal.App.3d 353 [defining “concealed” as substantially hidden from ordinary observation].
4. 4. See CALCRIM No. 2520 [Carrying Concealed Firearm on Person]; CALCRIM No. 2521 [Carrying Concealed Firearm in Vehicle].↑ See CALCRIM No. 2520 [Carrying Concealed Firearm on Person]; CALCRIM No. 2521 [Carrying Concealed Firearm in Vehicle].
5. 5. Penal Code, § 25400, subds. (c)(1)-(6).↑ Penal Code, § 25400, subds. (c)(1)-(6).
6. 6. Penal Code, § 25400, subds. (c)(1)-(6).↑ Penal Code, § 25400, subds. (c)(1)-(6).
7. 7. Penal Code, § 25400, subds. (c)(1)-(6).↑ Penal Code, § 25400, subds. (c)(1)-(6).
8. 8. See Penal Code, § 17, subd. (b).↑ See Penal Code, § 17, subd. (b).
9. 9. Penal Code, § 186.22, subd. (b).↑ Penal Code, § 186.22, subd. (b).
10. 10. Penal Code, §§ 667, subds. (b)-(i); 1170.12.↑ Penal Code, §§ 667, subds. (b)-(i); 1170.12.
11. 11. See Penal Code, § 1001.95.↑ See Penal Code, § 1001.95.
12. 12. Penal Code, § 29800.↑ Penal Code, § 29800.
13. 13. Penal Code, § 29805.↑ Penal Code, § 29805.
14. 14. Penal Code, § 1538.5.↑ Penal Code, § 1538.5.
15. 15. See Penal Code, §§ 25600-25655.↑ See Penal Code, §§ 25600-25655.
16. 16. Penal Code, § 16850 [defining “locked container” and excluding glove compartment and utility compartment].↑ Penal Code, § 16850 [defining “locked container” and excluding glove compartment and utility compartment].
17. 17. See CALCRIM No. 2520 [Carrying Concealed Firearm on Person]; CALCRIM No. 2521 [Carrying Concealed Firearm in Vehicle].↑ See CALCRIM No. 2520 [Carrying Concealed Firearm on Person]; CALCRIM No. 2521 [Carrying Concealed Firearm in Vehicle].
18. 18. People v. Hale (1974) 43 Cal.App.3d 353 [defining “concealed” as substantially hidden from ordinary observation].↑ People v. Hale (1974) 43 Cal.App.3d 353 [defining “concealed” as substantially hidden from ordinary observation].
19. 19. New York State Rifle & Pistol Ass’n v. Bruen (2022) 597 U.S. 1.↑ New York State Rifle & Pistol Ass’n v. Bruen (2022) 597 U.S. 1.