California treats a hidden gun and a loaded gun as two separate crimes. Penal Code 25400 makes it illegal to carry a concealed handgun on your person or in a vehicle without a license. Penal Code 25850 makes it illegal to carry a loaded firearm in a public place or in a vehicle on a public street. Both can be filed as misdemeanors or felonies, and prosecutors often file them together in the same case.
If you were arrested under either statute, call The Law Offices of Arash Hashemi at (310) 448-1529 for a free consultation with a Los Angeles gun crime lawyer.
PC 25400 vs PC 25850 at a Glance
| PC 25400 | PC 25850 | |
|---|---|---|
| What it covers | Carrying a concealed firearm | Carrying a loaded firearm in public |
| Must the gun be hidden? | Yes | No |
| Must the gun be loaded? | No | Yes |
| Firearms covered | Handguns and other firearms that can be concealed on the person | Any firearm, including rifles and shotguns |
| Penalties | Misdemeanor or felony | Misdemeanor or felony |
Penal Code 25400 – Carrying a Concealed Firearm
PC 25400 applies to pistols, revolvers and other firearms capable of being concealed on the person. The statute has three parts:
- PC 25400(a)(1): carrying a concealed firearm in a vehicle you control or direct.
- PC 25400(a)(2): carrying a concealed firearm on your person.
- PC 25400(a)(3): causing a concealed firearm to be carried in a vehicle you are riding in.
The gun does not need to be loaded. The prosecutor must prove it was hidden from plain view and that you knew it was there, such as a handgun under a car seat or in a waistband under a jacket.
Penalties for PC 25400
Most first offenses are misdemeanors punishable by up to one year in county jail and a fine of up to $1,000. The charge can be filed as a felony, with 16 months, 2 years or 3 years in county jail, when aggravating facts are alleged, such as a prior felony conviction, a stolen firearm, active gang participation, or a defendant who is prohibited from owning guns. A felony conviction is generally not a strike, but it does bring a lifetime firearm ban under PC 29800.
Penal Code 25850 – Carrying a Loaded Firearm in Public
PC 25850 makes it a crime to carry a loaded firearm on your person or in a vehicle while in a public place or on a public street in an incorporated city, or in a prohibited area of unincorporated territory. It covers any firearm, hidden or openly visible.
What Counts as “Loaded” in California?
Under PC 16840, a firearm is loaded when live ammunition is in the firing chamber or attached to the gun in any way, such as in an inserted magazine. A loaded magazine that is separate from the gun generally does not make the gun loaded.
Penalties for PC 25850
A misdemeanor carries up to one year in county jail and a fine of up to $1,000. Felony charges, with 16 months, 2 years or 3 years in county jail, are possible under the same kinds of aggravating facts as PC 25400, or when you are not the registered owner of the handgun.
Key Difference Between PC 25400 and PC 25850
Each statute asks a different question:
- PC 25400 asks whether the gun was hidden. Whether it was loaded does not matter.
- PC 25850 asks whether the gun was loaded in public. Whether it was hidden does not matter.
An unloaded handgun under your car seat can lead to a PC 25400 charge only. A loaded rifle on the back seat can lead to a PC 25850 charge only, since PC 25400 covers firearms that can be concealed on the person. A loaded handgun in your waistband under a hoodie can lead to both.
Can You Be Charged With Both PC 25400 and PC 25850?
Yes. When a handgun is both concealed and loaded, prosecutors commonly file both counts to gain leverage in plea negotiations.
There is an important limit. Under Penal Code 654, in People v. Jones (2012), the California Supreme Court held that carrying a single firearm on a single occasion can be punished only once, even when it violates several gun statutes. You may be convicted of both counts, but the sentence on one must be stayed.
Legal Defenses to PC 25400 and PC 25850
Many gun cases end in dismissal or a reduced charge. Our guide on how to beat a gun charge in California covers these strategies. Common defenses include:
- Illegal stop or search. If police found the gun after a stop without reasonable suspicion or a search without a warrant or valid exception, your attorney can file a motion to suppress. See our guide to unlawful search and seizure in California.
- No knowledge of the gun. The prosecution must prove you knew the firearm was there. This is often disputed when a gun is found in a shared car. Read more about constructive possession of a firearm.
- The firearm was not concealed. A gun in plain view, such as on the passenger seat, does not meet the PC 25400 requirement.
- The firearm was not loaded. If no round was chambered or attached to the gun, PC 25850 does not apply.
- A legal exception applies. A valid CCW license, carrying at your home or business (PC 25605 and PC 26055), and the immediate grave danger exceptions in PC 25600 and PC 26045 can all defeat these charges.
Frequently Asked Questions About PC 25400 and PC 25850
Does a CCW permit protect me from both charges?
Yes. A valid California CCW license is an exemption to both PC 25400 and PC 25850 for the firearms listed on the license. License holders still cannot carry in sensitive places, such as schools and government buildings.
Can I keep an unloaded handgun in my car?
Yes, if it is unloaded and stored in a locked container or the trunk. Our guide on how to carry a gun in your car in California covers the rules.
Contact our Los Angeles Gun Crime Lawyer Today
A gun charge can affect your freedom, your record and your right to own firearms. Early action gives your attorney time to preserve evidence and challenge the search.
At The Law Offices of Arash Hashemi, our team has more than 20 years of experience defending clients against firearm charges in Los Angeles. Call (310) 448-1529 or contact our office for a free, confidential consultation. Attorney Arash Hashemi will personally review your case and explain your legal options.
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