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Many of the firearms laws in this country especially in California are very confusing and lead to many people not knowing exactly how to go about exercising there rights as stated in the constitution to have arms.  

 

If you or a loved on has been accused of a firearm offense give us a call the laws can be very confusing nothing in this article is to be taken as legal advice and you should contact an Attorney as soon as possible if accused of a crime.  Give us a call at 559 441-1418. 

 

The Second Amendment of the constitution guarantess the right to bear arms. However, there are numerous restrictions to the right to bear arms.  One such restriction is reflected in California Penal Code Section 25400 PC which makes it illegal to carry a concealed firearm on ones person or on ones person or in ones vehicle. 

WHAT DOES THE PROSECUTION HAVE TO PROVE?

1. The defendant carried on his or her person or vehicle a firearm capable of being concealed on that person.

2. The defendant knew that he or she was carrying a firearm.

3. The firearm was substantially concealed on the defendants person or in his vehicle.

A firearm is any device designed to be used as a weapon from which a projectile is expelled or discharged through a barrel by force of an explosion or other form combustion and has a barrel length of 16 inches or less. 

The gun or firearm does not have to be in working condition and many times the prosecution will, continue even after it is found the firearm was fully non-operational.  Firearms carried in belt holsters are not considered to be concealed.

There are several related crimes to the carrying a concealed firearm and they will be discuessed below.  

OTHER SIMILIAR OFFENSES

Manufacturing, Selling or Possessing Dangerous Weapons -California Pneal Code 16590 PC

Openly Carrying a Firearm Penal Code 26350

Assault with a Firearm. 245 A 2

DEFENSES TO THE CRIME OF CARRYING A CONCEALED WEAPON

One of the most commonly asked questions to an Attorney or Law Enforcement Officer is how do I legally transport a firearm? 

The answer to the question is to keep the firearm in the Trunk of the vehicle not the glove compartment, or in a locked container within the vehicle and unloaded.  With the bullets kept seperately.  

If you violate these rules you could be guilty of a misdemeanor offense, as long as there are no aggravating factors.  

WHAT ARE THE AGGRAVATING FACTORS?

Aggravating factors can be things such as have you been convicted of having a concealed weapon on previous occasions.  

Or if you were previously procluded from owining a firearm

If you are a convicted Felon. 

HOW DO I GET A CONCEALED WEAPONS PERMIT

I will be doing a more lengthy blog post on this subject in the future however, briefly if you are eligible you can apply through your local Sheriffs Department or the Police Department and follow the instructions that they have for you.  If you have a concealed weapons permit you are able to carry except in areas where there is a no gun policy or where there is a Federal Law  that prohibits the carrying of firearms on the premises.  

I have both prosecuted and defended many different gun cases if you have questions give us call I represent people not cases and  I can sit down with you and let you know exactly what your legal rights are and how you can properly assess your case we are here to help you. So if you have questions give us a call at 559 441-1418 and we can help you get through this.  

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
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Fresno, CA 93704
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