Offenses in the realm of criminal law are usually divided into two main types: felonies and misdemeanors. A few things that make these two different include the severity of the crime and the potential consequences that can be charged to the defender. One of such an offense is called California Penal Code (PC) 25850. So, is 25850 PC a felony or a misdemeanor?
About 25850 PC
Penal Code 25850 PC, which is also known as 25850 PC, refers to the California statute. This one makes carrying or having possession of a loaded firearm in public a crime. It aims to promote public safety by regulating the possession of firearms in areas that can be accessed by the general public. The statute reads as follows:
“A person is guilty of carrying a loaded firearm when the person carries a loaded fire 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 unincorporated territory.”
If a prosecutor wants to convict someone under this code section, they must prove the following:
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- That person carried a loaded firearm by themselves or in their vehicle
- That person was aware that they were carrying a firearm
- That person was in a public place or in a public street in an incorporated city or area where discharging a firearm was prohibited
Talking about Penal Code 25850 PC, it is also better to know the meanings of two things, firearm and loaded firearm. So, what is a firearm and a loaded firearm?
According to the California law, a firearm refers to any device designed to be used as a weapon and from which a projectile is discharged through a barrel by an explosion. Examples of firearms include rifles, pistols, revolvers, tasers, and shotguns. For anyone who is wondering about those who are not counted as firearms, the list includes BB guns and pellet guns.
As for loaded firearms, a firearm can be called a loaded firearm if there is either a cartridge or shell in the firing chamber or the same thing in a magazine or clip that is attached to the firearm.
It is worth noting that in order for someone to be guilty under the Penal Code 25850 PC, they should have knowledge of the presence of a firearm. However, it does not matter for them if they had no idea if their gun was loaded.
Is 25850 PC a Felony or Misdemeanor?
Apparently, Penal Code 25850 PC can be considered as both a felony and a misdemeanor. That’s why it is known as a wobbler offense in California. There are several factors that can make this statute a felony or a misdemeanor, such as the circumstances of the offense and the criminal history of the defendant.
Charged as a Felony
Carrying a loaded firearm is considered a felony in the following cases:
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- The defendant had been punished before due to crime or possession of firearm
- The firearm was stolen
- The defendant is or was associated with a criminal street gang
- The firearm is or was owned illegally
- The defendant is or was not allowed to have a firearm
For example, a known member of a criminal street gang named Kaoru Mitoma is arrested during a police operation. During the search, a loaded firearm is found on his person. Apparently, the man has a prior felony conviction related to a violent offense, making him prohibited from possessing firearms. As he is related to a gang and had committed a crime before, in this case, the Penal Code 25850 PC is more likely to be charged as a felony. If he is found guilty, he might have to spend his time in state prison and might have to pay significant fines.
Charged as a Misdemeanor
On the other hand, if the certain aggravating factors mentioned above are nowhere to be seen, the Panel Code 25850 PC is usually charged as a misdemeanor. The situations might include:
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- The defendant has a relatively clean criminal history
- There is no proof of gang involvement
- There are no other aggravating elements
For instance, Dan Gore is a normal citizen who has no prior criminal record. He is driving through a local park when a police officer stops him for a routine traffic violation. During the inspection, the police officer finds out that Dan has a loaded firearm in this vehicle. However, there is no evidence of gang affiliation, prior convictions, or any other aggravating factors. That’s why this is likely to be charged as a misdemeanor. Basically, Dan could get penalties such as fines and a short period of county jail time.
Exempt from the Penal Code 25850 PC
There are certain people who have exemptions from criminal liability under the Penal Code 25850 PC. In other words, it is legal or allowed for these people to carry a loaded firearm in public. These people include:
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- United States military officers
- Federal agents (for example, FBI)
- Peace officers (active or honorably retired)
- Officials who have POST certification
- Recreational shooters who are at a firing range or out hunting
- Security guards, private investigators, and armored vehicle guards
- Private and business property owners
Example:
Jonny Evans who has proper licenses is hunting during hunting season. He is hunting in the area where hunting is allowed. At the area, he walks around with a loaded rifle. In this case, he would not be guilty of carrying a loaded firearm because he was in an area where firearms were allowed, even though the area was considered as a public place.
Penalties for Violating Penal Code 25850 PC
The penalties for violating the Penal Code 25850 PC can vary, as follows:
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- Felony: If it is charged as a felony, the potential consequences can include imprisonment in county jail for up to three years and/or a maximum fine of $1,000.
- Misdemeanor: If it is charged as a misdemeanor, the penalties may involve up to a year in jail and/or a $1,000 fine.
Bottom Line
In conclusion, Penal Code 25850 PC is the California statute that addresses the carrying of loaded firearms in public places. It is a wobbler offense, meaning it can be considered as a felony or a misdemeanor, depending on the certain circumstances. Besides, it also depends on the criminal records of the defendant. It is important for both legal professionals and the general public to understand the nuances of this law to navigate the complexities of the California criminal justice system.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
