Carrying a Loaded Firearm in Public
March 15, 2025 | Nafiz M. Ahmed
Carrying a loaded gun in public is taken very seriously in California. Even if you believe you have a good reason for doing so, state laws can be strict about where and how you can possess a firearm. Violating these laws can lead to criminal charges, penalties, and a permanent record.
Continue reading to learn about California’s rules on carrying loaded firearms, the possible punishments you might face, and why speaking to an experienced criminal defense attorney is important if you’ve been charged.
An Overview of California’s Loaded Firearm Laws
California Penal Code Section 25850 makes it illegal to carry a loaded firearm on your person or in a vehicle while in a public place or on public streets. Whether you have a valid permit or not may also matter. If you don’t have a concealed carry permit, the law becomes more complicated.
Prosecutors must prove specific elements to convict you. First, they must show you carried a firearm in a place that qualifies as public under state law. Second, they must prove the gun was loaded. Finally, they need to demonstrate you acted with knowledge of the firearm. These charges can apply even if you only had the weapon for a short time.
Penalties for Carrying a Loaded Firearm
Carrying a loaded gun can be charged as a misdemeanor or felony, depending on circumstances like your criminal history or whether the weapon was stolen. A misdemeanor conviction often carries up to one year in county jail and fines. But if you have prior offenses or the prosecutor can show “aggravating” factors—like being a gang member or using the weapon in a crime—it might become a felony, leading to a much longer prison term.
Additionally, carrying a loaded firearm in certain “sensitive areas” like an airport or school zone can trigger more serious charges. If police find you with a loaded gun and suspect that you intended to commit another crime, you could face multiple criminal counts, each stacking on top of the other.
Possible Defenses Against These Charges
To fight a charge for carrying a loaded firearm in public, you need a strong legal strategy and defense.
Some common defenses include:
- Illegal search or seizure: If police found the gun without a proper warrant or probable cause, evidence might be thrown out of court.
- Unknowing possession: The state must prove you knew about the gun. You might argue you had no idea the weapon was in your car or bag.
- Gun was not loaded: If the ammunition wasn’t in the firearm or was stored separately, the charge for a loaded weapon might not apply.
- Valid permit: If you have a legitimate concealed carry license, the burden shifts to the prosecution to show you violated the terms of that permit.
Each defense depends on the facts of your case. That’s why a lawyer will investigate how the police discovered the gun, if you had a legitimate reason for carrying it, and whether your rights were respected from start to finish.
Consequences Beyond Jail Time
A conviction can bring more than jail or probation. You may lose the right to own guns in the future or face immigration problems if you’re not a U.S. citizen. Employers could see a weapons offense on your record, limiting career options. Fines and court costs can also strain finances.
Because these outcomes can last for years, it’s vital to handle the charge early with help from a weapons charges attorney who knows how to challenge every aspect of the state’s case.
Contact a Criminal Defense Attorney in California for Legal Help
Carrying a loaded firearm in public might seem like a small mistake, but it can lead to major legal trouble under California law. If you’re facing charges, a knowledgeable lawyer can examine the evidence, raise possible defenses, and look for ways to reduce or dismiss your case.
Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500