CA Penal Code 25850 makes carrying a loaded firearm in a vehicle, in a public place, or on a public street a criminal offense under California law. If convicted of a California Penal Code 25850 violation, you can get county jail time and fines.
If you’re facing DUI and PC 25850 charges in Los Angeles, you’re not alone. We understand how overwhelming firearm-related cases can be, especially when combined with other serious criminal charges.
We have helped connect thousands of people facing charges with legal representation. Let us connect you with an experienced attorney who can explain CA Penal Code 25850 – Carrying a Loaded Firearm and how legal help could benefit you.
Understanding California Penal Code 25850
CA PC 25850 criminalizes carrying a loaded firearm in a public place or vehicle. The intent behind this law is to minimize the risk of firearm violence and enhance public safety.
The statute applies whether the firearm is openly carried or concealed, and penalties can vary based on the circumstances of the offense.
You may face criminal charges under this statute even if you believed you had the right to carry. This law also intersects with regulations around concealed carry weapons permits and California’s Gun-Free School Zone Act (also known as California Penal Code 626.9), which can further complicate your case.
Requirements for a CA PC 25850 Conviction in California
There are specific legal requirements that must be met for a court to convict you under California PC 25850. Specifically, a prosecutor must be able to prove that you:
- Were carrying a firearm in a vehicle, in a public place, or on a public street
- Were knowingly carrying a firearm
- Were carrying the firearm within an incorporated city or an area where it is illegal to fire a gun
There are exceptions to PC 25850. For example, individuals with a valid concealed carry permit may not be charged with unlawfully carrying a firearm. Peace officers, federal agents, and law enforcement officers are also allowed to carry a firearm that’s loaded while on duty.
Whether your case involves the Department of Justice, gun laws in your jurisdiction, or municipal laws in LA County or Orange County, we can connect you with someone who can ensure your constitutional rights are protected.
What is the Best Way to Defend Against Charges of Carrying a Loaded Firearm in California?
There is no one-size-fits-all legal defense for a CA Penal Code 25850 case. A criminal defense lawyer will review the details of your arrest, your firearm possession status, and any possible violations of your constitutional rights under the Fourth Amendment.
From there, they can determine the best strategy for your case. Common defense strategies include:
Defendant Was Not Carrying a Loaded Firearm in Public
In a carrying a firearm case, the prosecutor must prove that:
- You had a firearm in your vehicle or
- You were in a public place or public street
If you did not meet these criteria, your criminal charges may be dismissed.
Self-Defense
There are situations under California law where carrying a firearm may be justified. If you were in immediate danger and needed to protect yourself or others, your attorney may invoke self-defense laws to argue your actions were reasonable and lawful.
No Probable Cause
Police officers must have probable cause or a valid search warrant to perform a firearm inspection. If law enforcement discovered a firearm through an illegal search and seizure, the evidence may be inadmissible. Violations of your constitutional rights could result in a case dismissal.
An experienced attorney like Michael Simmrin will also examine whether the police officers read you your Miranda Rights, assess any unlawful police stop, and scrutinize any background check issues or firearm storage laws that may affect your case.
In Los Angeles and Orange County, where gun laws are strictly enforced, having the right legal representation is critical—especially when dealing with firearm offenses, DUI charges, or both.
Is Carrying a Loaded Firearm a Misdemeanor or a Felony?
Carrying a firearm that’s loaded in public in California is typically a misdemeanor. A misdemeanor conviction may result in a one-year sentence in county jail, a $1,000 fine, or both. However, depending on the circumstances and your criminal background, the offense can be treated as a wobbler offense.
Aggravating factors such as being in a prohibited area (like near a school zone), prior convictions, or carrying a loaded long gun may elevate the charge to a felony.
A felony firearm conviction may result in a sentence in California State Prison and could affect your firearm rights, occupational license, and more under California’s Three-Strikes Law. If you’ve been accused of unlawful possession or firearm violations, it’s essential to seek legal help immediately.
What if Alcohol was Involved?
Cases involving DUI charges and carrying a firearm can be particularly challenging. Prosecutors may attempt to link the firearm charge with the DUI offense to pursue harsher penalties.
If that’s the case for you, you’ll want to work with a criminal defense attorney who can protect you from serious consequences and help ensure due process.
An experienced firearm defense attorney can assess your gun charges, review the evidence, explore possible defenses, and protect your rights. We can refer you to an attorney who can help you understand your legal options and build a strong defense strategy for you.
Is a Plea Bargain Worthwhile When Faced With PC 25850 Charges?
In some cases, your criminal defense attorney may recommend a plea bargain. This is a common resolution for firearm-related cases, especially when prosecutors are willing to reduce a felony charge to a misdemeanor in exchange for a guilty plea.
However, plea bargaining should not be taken lightly. It may still affect your ability to obtain a Firearm Safety Certificate, impact future employment, and leave a permanent mark on your criminal background. Weigh the pros and cons with your lawyer before making a decision.
Whether you were caught in public places without a concealed-carry permit or you’re facing additional charges like resisting arrest or DUI, it’s important to work with a criminal defense team that understands the intricacies of California gun laws and the California Code.
Get the Legal Representation You Need to Fight Your Charges
Being charged with carrying a gun under CA Penal Code 25850 – Carrying a Loaded Firearm can have life-altering consequences.
At Los Angeles DUI Lawyer, we believe everyone deserves fair legal representation. We can connect you with someone who will guide you through every step, from understanding your rights under the Second Amendment to challenging witness testimonies and ensuring your defense is supported by a solid legal foundation.
Let us connect you with a Los Angeles gun crime lawyer or a general Los Angeles criminal attorney, then visit our FAQ page to learn more.
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