In California, it is a crime for anyone to carry a loaded firearm in a public place and street, or in a vehicle. The crime is covered under California Penal Code (PC) 25850. Usually, a violation of this law is a misdemeanor crime. However, if there are specific aggravating circumstances, it can be charged as a felony crime. Well, on this page, we want to share some information about Penal Code (PC) 25850.
Text of Penal Code (PC) 25850
California Penal Code (PC) 25850 states that it is a crime for a person to carry a loaded firearm in a public place, street, or in a vehicle.
The text of Penal Code (PC) 25850 reads:
PC 25850(a): “A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the 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 an unincorporated territory.”
PC 25850(b): “In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on a person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm constitutes probable cause for arrest for violation of this section.”
Examples of Violating Penal Code (PC) 25850?
Here are some examples of violating Penal Code (PC) 25850:
- You drive on a public street with a loaded gun in your glovebox.
- You walk in a park with a loaded gun in your bag.
- You stroll through a neighborhood with a loaded gun in your pocket.
Elements of the Crime for Penal Code (PC) 25850
To prove that a defendant is guilty of carrying a loaded gun, the prosecutor must be able to prove a few elements without doubt. If the prosecutor cannot prove just one element, then the prosecutor cannot convict the defendant for the crime of PC 25850.
Here are some elements of the Crime for Penal Code (PC) 25850:
- The defendant carried a loaded firearm on her or his person or in a vehicle.
- The defendant knew that she or he was carrying a loaded firearm.
- The defendant was in a public place, public street, or in areas where it is considered illegal to discharge a weapon while carrying a loaded firearm.
Exceptions to Penal Code (PC) 25850
It is essential to know that the law provides exceptions to Penal Code (PC) 25850. You will not be convicted of carrying a loaded firearm in a public place, on a public street, or in a vehicle if you are:
- A Police officer
- A firefighter
- An active military personnel
- An honorably retired peace officer
- A permit holder of CCW (Concealed Carry Weapons)
- A current or honorably Federal Agents, such as FBI
- An authorized security officer
- An armored vehicle guard
- A POST certified official
- A lawfully carrying a gun for firing range or hunting
For note: In order to qualify for a lawful hunter, you must always carry your gun in a locked container.
Penalties for Violating Penal Code (PC) 25850
Once found guilty, your case determines what penalties you will receive. As we said before, a violation of this law can be charged as a misdemeanor crime or a felony crime.
If you are convicted of carrying a loaded firearm in a public place, on a public street, or in a vehicle, it is usually considered as a misdemeanor crime.
Penalties for misdemeanor crime, including:
- Imprisonment in a Los Angeles County jail for up to one year
- A fine up to $1,000
- Placement on a summary probation
- Loss of the right to have a firearm for while
But if there are specific aggravating circumstances such as prior convictions, a history of violence, not cooperating with law enforcement officers during arrest, then you can be charged as a felony crime.
Penalties for felony crime, including:
- Imprisonment in a Los Angeles County jail for up to three years
- A fine of up to $1000
- Placement on a formal felony probation
- Loss of the right to have a firearm for life
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