The court can use CA Penal Code 26350 – Carrying an Unloaded Handgun to prosecute individuals accused of openly carrying a gun on their person or inside a vehicle while in a public place or while on a public street.
PC 26350 counts as a misdemeanor in California, with a conviction potentially resulting in jail time and fines. You can learn more about this charge and other California penal codes with help from a professional legal team.
What Should You Know About CA Penal Code 26350 – Carrying an Unloaded Handgun
PC 26350 allows the court to prosecute individuals accused by the police of carrying an unloaded and exposed handgun in public or on a public street. Individuals count as “carrying” a gun if they have the weapon on their person or inside their vehicle.
What Qualifies as a Handgun in California?
Under PC 26350, handguns include revolvers, pistols, and any other firearms that you can conceal on your person. This definition allows the police to use this charge in many situations.
Exemptions to PC 26350 Charges
Not everyone can face charges for carrying an unloaded handgun. Some individuals have a legal right to carry this kind of weapon openly. For example, the prosecution should not bring charges against:
- Individuals with a valid permit for carrying a firearm
- Police officers and military personnel
- People shopping at gun shows
- People who practice shooting at target ranges
- Hunters
- Licensed manufacturers of firearms
- People working at pawnshops or gun repair shops
If you fit into one of these categories, you may avoid a conviction under PC 26350, even if you carried an unloaded gun in public.
Results of a PC 26350 Conviction
Carrying an unloaded handgun is a misdemeanor-level offense in California. A conviction can result in up to one year of time in county jail and fines of up to $1,000. The court usually treats these charges more harshly if you carry a gun you do not lawfully own or if you carry ammunition along with the gun.
How Do Lawyers Handle PC 26350 Charges?
Attorneys use several defense strategies to handle PC 26350 allegations. Depending on the circumstances surrounding an arrest, a criminal defense lawyer may argue that:
You Did Not Take a Gun to a Public Place
You should only face charges under PC 26350 if you bring an unloaded gun to a public place or take it on a public road. Therefore, if your lawyer can show that you had a gun on your own property or a friend’s private abode, you may avoid a conviction.
You Fit into One of the PC 26350 Exemptions
California exempts many people from PC 26350 regulations. For example, you may not face charges if you carry an unloaded gun and you have a valid concealed carry permit.
The Police Found the Gun Through an Illegal Search
The police have to follow the law when searching individuals in public places. If the police violated your rights by conducting an unlawful search and seizure that found a gun, your attorney may focus on getting the court to drop your charges.
Will the Court Drop PC 26350 Charges?
The court may drop charges for carrying an unloaded handgun if a lawyer can show that the prosecution lacks evidence or if the police violate your rights during the legal process. If the court drops the charges, you will not face any penalties.
An attorney can also explore other options to handle CA Penal Code 26350 – Carrying an Unloaded Handgun charges by focusing on:
Negotiating a Plea Bargain
Plea bargaining allows an attorney to negotiate with the prosecution on behalf of a client, potentially securing a reduced charge for the defendant. If you accept a plea bargain, you will have to admit guilt for a less serious charge in exchange for reduced penalties.
Fighting the Charges in Court
An attorney can also represent you in court, fighting to help you meet these charges head-on. The sooner you contact an attorney after an arrest, the stronger your defense can become.
Charges Similar to Carrying an Unloaded Handgun
California has many gun laws that are similar to PC 26350. Some of these charges include:
- CA Penal Code 25850 – Carrying a Loaded Firearm
- CA Penal Code 25400 – Carrying a Concealed Firearm
- CA Penal Code 30605 – Possession of an Assault Weapon
A skilled criminal defense lawyer in California can assist with any of these charges.
Get Professional Help After an Arrest for Carrying an Unloaded Handgun
Do you have more questions about CA Penal Code 26350 – Carrying an Unloaded Handgun? If so, you can reach out to our team at Los Angeles DUI Attorney. We can put you in contact with a dedicated criminal defense law firm that takes charge and assists with any legal challenges you face.
We know what you’re going through after an arrest, and we want to help. Reach out now to protect your future.
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