Under California Penal Code section 25400, it is illegal to carry a concealed firearm on your person or in a vehicle, unless you have been issued a permit to do so by the state. It is also illegal to carry an unloaded firearm in public, unless it is contained in a locked container or secured with a lock that is designed to prevent the firearm from being fired.
There are several exceptions to this law, including for peace officers, active military personnel, and licensed gun dealers. In addition, it is generally legal to carry a firearm in your own home or place of business, or on land that you own or have permission to be on.
If you are charged with unlawful possession of a firearm, the prosecution must prove that you knew you were in possession of the firearm and that you had no legal right to possess it. This means that if you were unaware that you were carrying a firearm, or if you believed that you had a valid permit to carry it, you may have a defense to the charge.
There are several potential defenses to a charge of unlawful possession of a firearm. One defense is that you were unaware that you were carrying the firearm. For example, if someone placed the firearm in your bag without your knowledge, you might be able to argue that you did not know you were in possession of it.
Another defense is that you had a valid permit to carry the firearm. In California, it is legal to carry a concealed firearm if you have been issued a permit to do so by the state. To obtain a permit, you must pass a background check and complete a firearms training course. If you have a valid permit, you may be able to use it as a defense to a charge of unlawful possession of a firearm.
A third defense is that you were carrying the firearm for a lawful purpose. For example, if you were carrying the firearm for self-defense or for hunting, you might be able to argue that you had a lawful reason for possessing it.
If you are convicted of unlawful possession of a firearm, the potential penalties depend on the circumstances of your case and your criminal history. In general, unlawful possession of a firearm is a “wobbler” offense, which means that it can be charged as either a misdemeanor or a felony, depending on the circumstances.
If charged as a misdemeanor, you could face up to one year in county jail. If charged as a felony, you could face 16 months, two years, or three years in state prison. In addition, you could be fined up to $10,000 and be required to forfeit the firearm.
It is important to note that there are enhanced penalties for certain types of unlawful possession of a firearm. For example, if you are a convicted felon and you are found in possession of a firearm, you could face additional prison time. Similarly, if you are a gang member and you are found in possession of a firearm, you could face enhanced penalties.
If you have been charged with unlawful possession of a firearm, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and advise you of your rights and options. An attorney can also help you build a strong defense and negotiate a favorable plea bargain, if appropriate. In some cases, it may be possible to have the charges against you dismissed or reduced, or to obtain a not guilty verdict at trial.