California Penal Code Section 25400 [1] is the primary statute prohibiting the concealed carrying of firearms. The law replaced former Section 12025 when the California Penal Code was reorganized in 2012.
Prohibited Conduct
Section 25400(a) makes it unlawful for a person to carry concealed within any vehicle under their control or direction, or concealed upon their person, any of the following:
- A pistol, revolver, or other firearm capable of being concealed upon the person
- Any loaded or unloaded handgun
The statute applies regardless of whether the firearm is loaded or unloaded. The concealment element requires that the weapon be substantially hidden from ordinary observation.
Penalties and Enhancement Triggers
A violation of PC 25400 is generally a misdemeanor under subsection (c)(7), punishable by up to one year in county jail and/or a fine of up to $1,000 [2]. However, several subsections of PC 25400(c) elevate or modify the offense based on aggravating circumstances:
Felony enhancements:
- PC 25400(c)(1) -- Prior felony or firearms conviction: The offense is a felony if the person has a prior felony conviction or a prior conviction for an offense listed in Penal Code Section 16580.
- PC 25400(c)(2) -- Stolen firearm: The offense is a felony if the firearm is stolen and the person knew or had reasonable cause to believe it was stolen.
- PC 25400(c)(3) -- Criminal street gang participation: The offense is a felony if the person is an active participant in a criminal street gang as defined under the Street Terrorism Enforcement and Prevention Act.
- PC 25400(c)(4) -- Unlawful possession: The offense is a felony if the person is not in lawful possession of the firearm or is otherwise prohibited from possessing firearms under specified code sections.
Wobbler (felony or misdemeanor):
- PC 25400(c)(5) -- Prior crime against person or property: If the person has a prior conviction for a crime against a person or property, or for a narcotics or dangerous drug violation, the offense is punishable by imprisonment pursuant to subdivision (h) of Section 1170 (felony, 16 months/2 years/3 years in county jail), or by imprisonment in a county jail not exceeding one year, a fine of up to $1,000, or both.
Misdemeanor enhancements (up to one year in county jail and/or $1,000 fine):
- PC 25400(c)(6) -- Loaded firearm, not registered owner: The offense is a misdemeanor with specified penalties if the firearm is loaded (or ammunition readily accessible) and the person carrying the firearm is not the registered owner of the handgun per the Department of Justice records.
Felony convictions under subsections (c)(1) through (c)(4) carry a sentence of 16 months, 2 years, or 3 years in county jail under PC 1170(h).
Exemptions
PC 25600 through 25655 [3] provide numerous exemptions to the concealed carry prohibition, including for:
- Persons holding a valid CCW license issued under PC 26150 or 26155
- Licensed hunters while engaged in lawful hunting activity
- Members of a shooting club while traveling to or from a shooting range
- Authorized law enforcement officers and military personnel
- Persons transporting a firearm in a locked container directly to or from a lawful destination
Locked Container Requirement
Persons without a CCW permit who transport a handgun in a vehicle must keep it in a locked container other than the utility or glove compartment, or locked in the trunk. A "locked container" is defined in PC 16850 as a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar device.