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Carrying Concealed Weapon

Written by Darren Kavinoky

Friday, 26 May 2006

Generally, California law prohibits any individual from carrying a loaded firearm of any kind on his or her person or in a vehicle while in any public place or on any public street in an incorporated city, or in any public place or on any public street in a prohibited area of unincorporated territory. A loaded firearm refers to a firearm that has a cartridge or shell in a chamber, clip, or magazine that is located inside of or is attached in some way to the firearm itself. California Penal Code Section 12025 reads in pertinent part:

(a) A person is guilty of carrying a concealed firearm when he or she does any of the following:

(1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person
(2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

(b) Carrying a concealed firearm in violation of this section is punishable, as follows:

(1) Where the person previously has been convicted of any felony, or of any crime made punishable by this chapter, as a felony
(2) Where the person violates paragraph (2) of subdivision (a) and has been convicted of a crime against the person, property, or of a narcotics or dangerous drug violation, by imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or both that imprisonment and fine.

California prohibits any individual from carrying a concealable firearm upon his or her person or within any vehicle under his or her control or in which he or she is an occupant. This prohibited conduct under Penal Code Section 12025(a) is subject to numerous exceptions, including that for persons with concealed weapons licenses.
California prohibits any person - including a concealed weapons permit holder - from carrying a loaded firearm upon his or her person or within any vehicle under his or her control while engaged in picketing activity. Picketing activity means any informational activities conducted in a public place relating to a concerted refusal to work.
In addition, any person carrying a loaded firearm of any kind with the intent to commit a felony is criminally liable for "armed criminal action." For purposes of this prohibition only, a firearm shall be deemed loaded whenever both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person.
Generally, California prohibits the carrying of a concealed firearm in public or in a vehicle without a permit. Conduct that would normally violate Penal Code Section 12025 may be justified where a person possessing a concealable firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current court-issued restraining order against another person or persons who has or have been found to pose a threat to the possessor's life or safety.
A U.S. citizen or legal resident over age 18 may carry any pistol, revolver, or other firearm capable of being concealed upon the person anywhere within his or her place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident. A permit is not required for persons to carry within these locations. However, any person who falls into a prohibited class, such as felons or people convicted of misdemeanor domestic violence, are prohibited from carrying in these locations as well.
Penal Code Section 12025 does not prohibit any U.S. citizen over age 18 who resides or is temporarily in California, and does not fall into a prohibited class under California law, from transporting or carrying any concealable firearm, if:
· The firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container (a secure container that is fully enclosed and locked by a padlock, key or combination lock, or similar locking device in the vehicle other than the utility or glove compartment; and
· The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container.

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