Carrying a Concealed Weapon
You can be charged with Carrying a Concealed Weapon if you use a firearm in an act. Such firearms have to be small enough or discreet enough so that it can be concealed. Carrying the gun concealed within a vehicle you own, or you are in is prohibited. Having it concealed on you is also an illegal act. In California there is a no “open-carry” law making it illegal to carry an unloaded firearm in a public area. To be charged with carrying a concealed weapon there are three requirements. You concealed the actual weapon. You knew about the weapon. And that the weapon was purposely concealed. Firearms considered hide-able includes any gun that can be used as a weapon that has a barrel less than 16 inches, or can change the barrel to less than 16 inches and shoots a projectile by an explosion or combustion. These can includes tasers and flares regardless if they are used for emergencies or signaling. Carrying a Concealed Weapon is a wobbler crime. The charges can swing in either a misdemeanor or a felony depending on the circumstances and past criminal records.
Defenses against Carrying a Concealed Weapon
You cannot be charged if you did not know about the weapon itself. Also if the gun was in the trunk or in a locked container that isn’t the glove box, you are not guilty of carrying a concealed weapon. However for the defense to work you have to have legal papers that entitled you to have a weapon. You also cannot be charged with carrying concealed weapons if you have the license to do so. It is legal to own a firearm if the gun was in a house or business you own. If the weapon was obtained during an illegal search and seizure then you are protected under your Fourth Amendment rights.
Having an attorney that knows the firearm laws can be pivotal to reducing charges against Carrying a Concealed Weapon.