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Concealed Firearm | Fresno Criminal Defense, gun law, & DUI Attorney

I got caught carrying a gun, how much trouble am I in?  I got arrested with a concealed weapon, will I go to jail?  I got cited for having a gun in the car, do I need to hire an attorney?  Hire a Fresno Gun Law Attorney?  Should I get an attorney?  Should I get a lawyer?  Will I got to prison for having a loaded gun in my car?  All of the above are common questions.  If you need answers, call Fresno Criminal Defense Lawyer Jonathan Rooker, who has experience with gun law cases.

Penal Code Section 25400.  Carrying a concealed firearm; carrying Firearm openly in Belt Holster; punishment.

PC 25400(a) A person is guilty of carrying a concealed firearm when the person does nay of the following:

(1) Carries concealed within any vehicle that is under the person's control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.

(2)  Carries concealed upon the 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 the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

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

(1) If the person previously has been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, as a felony.

(2) If the firearm is stolen and the person knew or had reasonable cause to believe that it was stole, as a felony.

(3) If the person is active participant in a criminal street gang as defined in subdivision (a) of Section 186.22, under the Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony.

(4) If the person is not lawful possession of the firearm or the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and institutions Code, as a felony.

(5) If the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,00), or by both that imprisonment and fine.

(6) If both of the following conditions are met, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment  pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars (1,000), or by both that fine and imprisonment:

(A) The pistol, revolver, or other firearm capable of being concealed upon the person is loaded, or both it and the unexpended ammunition capable of being discharged from it are in the immediate possession of the person or readily accessible to that person.

(B) The person is not listed with the Department of Justice Pursuant to paragraph (1) of subdivision (c) of Section 11106 as t the registered owner of that pistol, revolver, or other firearm capable of being concealed upon the person.

(7) In all cases other than those specified in paragraphs (1) to (6). inclusive, by imprisonment in a county jail not to exceed one year, by a fine not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or y both that imprisonment and fine.

(d)(1) Every person convicted under this section who previously has been convicted under this section who previously has been convicted of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for at least three months and not exceeding six months, or, if granted probation, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned in a county jail for at least three months.

(2) Every person convicted under the section who has previously been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, if probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned in a county jail for not less than three months.

(e) The court shall apply the three-month minimum sentence as specified in Subdivision (d), except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in subdivision (d) or by granting probation or suspending the imposition or execution  of sentence with conditions other than those set forth in subdivision (d) in which case, the court shall specify on the record and shall enter ton the minutes the circumstances indicating that the interests of justice would be served by that disposition.

(f) A peace officer may arrest a person for a violation of paragraph (6) of subdivision (c) if the peace officer has probable cause to believe that the person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of the pistol, revolver, or other firearm capable of being concealed upon the person, and one or more of the conditions in sub paragraph (A) of paragraph (6) of subdivision (c) is met.

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