San Diego Concealed Weapons Attorney

While the right to bear arms is widely recognized, concealed carry remains legally complex. What may start as a one-sided decision to protect yourself can easily become a life-changing legal process unless handled with complete compliance with all relevant laws. Whether it is the state-to-state differences in regulation, with differences in licensing, permit zones, and regulations, concealed carry can become a legal minefield. One wrong move, one overlooked permit, or one careless carry into a prohibited area, and the law-abiding citizen is suddenly a defendant facing huge fines, rights suspension, and even jail time.

If you or a loved one is accused of any crime related to concealed weapons, call the Law Offices of Anna R. Yum in San Diego for legal help. But first, go through the following information to better understand concealed weapons.

What is a Concealed Weapon in California?

In California, ‘concealed weapon’ includes not only firearms but also tools like knives and daggers. Penal Code Section 25400 broadly bans any concealed firearm, pistol, revolver, or similar weapon, whether functional or not. The point is not whether the gun is functional, but whether it was made to be concealable and whether it is hidden.

In addition to firearms, California law also regulates dirks and daggers. Under Penal Code (PC) Section 21310, a dirk or dagger is described as a knife or other device, with or without a handguard, that can be readily used as a stabbing weapon and that can cause serious bodily injury or even death.

Notably, under PC 21310, a folding knife with a locking blade may qualify as a dirk or dagger when concealed. This implies that a utility knife, even the ordinary one, may result in a grave charge because it is carried with the blade set out and locked. This law is meant to avoid surprise attacks using stabbing tools that are easily concealed.

The word concealed is essential in these laws. A weapon will be concealed when it is substantially hidden. This is regardless of whether the weapon is in your possession, for example, in a pocket, waistband, purse, or backpack, or a vehicle under your control, like under a seat, in a closed compartment, or between seats. Nonetheless, an openly carried firearm in a visible belt holster generally is not ‘concealed’ under Section 25400, although other regulations may apply to open carry.

Furthermore, California does not allow the possession, manufacturing, or sale of many other concealed weapons. They can be found in Penal Code Section 16590, including:

• Ballistic knives
• Cane swords
• Belt buckle knives
• Lipstick case knives
• Shurikens (throwing stars)
• Brass knuckles
• Metal military practice grenades
• Zip guns

Although these are illegal in themselves, carrying them in a concealed manner would only make the law more serious in its implications, showing the full extent to which the state takes control of dangerous weapons. Both definitions and distinctions are crucial in guiding one through the intricate California weapon laws.

Under PC 25400, carrying a concealed firearm is a serious offense. To convict you, the prosecution must establish, beyond a reasonable doubt, the following:

• You possessed a weapon — This means you had it on your body, or in a car you were driving, or in charge of

• The weapon was hidden in plain sight — It was not carried in plain sight, as in a belt holster

• You were aware of the firearm’s presence — A very important factor. Unintentional or unknowing possession cannot result in a conviction

The prosecution may fail to prove its case against you without establishing these elements.

Penalties for Having Concealed Weapons

The punishments will differ since this offense is a wobbler. This means that prosecutors could file misdemeanor or felony charges, depending on the circumstances of your case and your criminal record.

Misdemeanors with no aggravating factors attract the following penalties:

• Up to one year in county jail
• Up to $1,000 in fines
• A fine and a jail term
• Possible summary probation instead of jail time

If there are aggravating factors, you will likely receive felony penalties, including:

• 2 or 3 years, or 16 months in county jail.
• Up to $10,000 in fines
• Jail and fine
• Formal probation instead of jail time
• Possibility of a lifetime prohibition on owning or possessing firearms.

Circumstances that may convince prosecutors to pursue felony charges include:

• You possess a previous felony record or have committed some previous gun crimes
• You were aware or had justifiable grounds to suspect the stolen gun
• You are a member of a criminal street gang
• You did not have lawful possession of the firearm or were not allowed by the law to have a gun for other reasons

Legal Defenses You Could Use to Challenge a Concealed Weapon Charge

The following are some of the common defenses in a concealed weapons case:

Illegal Search and Seizure

If the police acquired the gun by violating your Fourth Amendment rights, like conducting an unjustified search without a warrant, without probable cause, or without your consent, the courts could suppress the evidence. This could result in a dismissal of the charges.

Valid Concealed Carry Weapon (CCW) Permit

If you had a valid CCW permit during the alleged crime, then this exempts you, and you will not be deemed to violate this law.

Lack of Knowledge

You may argue you were unaware of the firearm’s presence, for example, if it was left by someone else. For example, if you borrow a car or any other item and do not realize that a gun is hidden in it, this may defeat the knowledge component in the case.

Weapon Not Concealed

You could use this argument if the weapon was in plain sight or not hidden substantially, as described in the law. This may entail questioning the officer’s perception or showing that the item was not carried in a concealed way.

Item Does Not Qualify as a Firearm or Concealed Weapon

You could argue that the item in question does not qualify as a firearm or concealable weapon under the strict legal definitions, perhaps because it is inoperable, is too large, or is different, and therefore is not covered by Penal Code 25400.

All the defenses are very fact-specific and need a good knowledge of the law and the specific facts surrounding your arrest.

An Overview of the California CCW Permit

Although California has some of the most stringent gun laws in the country, there is a legal path you can use to carry a concealed firearm in the state legally: the Concealed Carry Weapon (CCW) permit. This license, which is granted by your county sheriff or city police chief, is the officially acknowledged exception to the blanket ban on concealed carry of firearms under Penal Code 25400. A CCW permit permits you to carry a registered handgun concealed on your person, not just in a container or vehicle. It allows you to carry a registered handgun, concealed, to have it ready in self-defense situations.

The process of acquiring this license is strict. It requires you to meet rigorous qualification standards and undergo scrutiny by the local law enforcement personnel, hence converting what would have been an illegal act to a privilege enjoyed by qualified citizens like yourself.

Do You Qualify to Have a CCW Permit?

California requires a rigorous list of eligibility requirements to be met to obtain a CCW permit, which is done to guarantee that only responsible and law-abiding residents in the state can be granted this privilege. The requirements include:

• You should be at least 21 years old.
• You either should be a resident of the county where you are applying or have your principal place of employment or business within that county where you spend a significant amount of time.
• You should be the documented owner of the gun(s) you want to include in your permit, and they must be registered in California.

The process involves a thorough background check, including live scan fingerprinting, to examine both state and federal databases to ensure you are not a “prohibited person” who cannot possess firearms under any law.

One of the significant obstacles to many applicants, and the topic of much legal debate, is the good moral character requirement. In practice, this standard gave issuing officials broad latitude to withhold permits on subjective grounds of your character or the alleged necessity of a firearm.

However, the meaning of good moral character has changed with the Bruen Supreme Court ruling and the California Senate Bill 2 (SB 2) that followed. SB 2 removed the need to demonstrate ‘good cause,’ focusing instead on whether an applicant poses a danger to self or others or why you wanted a permit, that is, a special threat to your life. In its place, the issuing authority will now mainly consider whether you are a danger to yourself, others, or the community in general, and you are reasonably likely to be so. This decision is reached after reviewing your application carefully, conducting an in-depth background check that could involve interviewing your references, and checking publicly available information.

Disqualifying factors that may result in a denial or revocation of an active permit are broad and include, but are not limited to:

• Felony convictions
• Certain misdemeanor convictions, particularly those related to violence, domestic violence, or firearms
• Active restraining orders
• A history of controlled substance abuse
• Any mental health adjudications that could result in the prohibition of firearms possession

Even some arrests, whether or not resulting in conviction, or a course of conduct indicating irresponsibility or disrespect of law, may be considered. The Good Moral Character evaluation aims, especially after SB 2, to screen out those whose prior behavior or present temperament suggests that they are dangerous should they be armed and thus to protect the populace’s safety as a top priority in issuing CCW licenses.

The Step-by-Step Guide to Applying for Your CCW Permit

The process of applying for a California CCW permit may appear complex, and the application process may be intimidating. However, following the proper steps, you can easily secure your CCW license. This is meant to be a rigorous process where all the applicants are made to fit the state’s stringent requirements.

Determine Your Issuing Agency

The first thing you do is to identify which law enforcement agency has jurisdiction over your application.

If you live in an incorporated city, your issuing authority is usually the police department in your town. If you live in an unincorporated section of a county, or the city you live in has a police department that does not issue CCW permits, your issuing agency will be the county sheriff’s department. Confirmation is necessary because the requirements and processing times can differ slightly between agencies. Most of the agencies will provide instructions and forms on their official websites.

Fill Out the Standard Application Form

You must fill in the Standard Initial and Renewal Application Form of License to Carry a Concealed Weapon (BOF 4012) of the California Department of Justice. This detailed form will need extensive personal data, residency and employment history, and a complete criminal, legal, and mental health history report. Be careful, truthful, and exhaustive in your answers. Omissions and falsifications could result in rejection and even judicial consequences.

Collect Needed Documents

In addition to the application, you must prepare several other documents. These typically consist of:

• California residency, like utility bills, driver’s license
• Ownership and registration of the gun(s) you want to sell on your permit
• Character references

Your issuing agency will provide a definite list, but you should be ready to prove your identity, residency, and ownership of the firearm.

Take the Background Check

The Live Scan fingerprinting is a significant part of the application procedure. This electronic fingerprint submission triggers a thorough background check by the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI). Your issuing agency will provide you with a “Request for Live Scan Service” form that you will present to any certified Live Scan service provider. The outcome of this check is directly forwarded to your issuing agency, which will determine your eligibility to own firearms and your “good moral character.”

The Interview

After you have submitted your application and your background check is in progress, your issuing agency will set up an in-person interview. This interview is a crucial step in which an investigator will review your application, talk to you about your answers, and determine your good moral character. Be ready to discuss any yes answers in your application, especially regarding previous legal problems, dealings with the police, or any other event that may cast doubt on your decision-making or temperament.

The interview requires honesty and a calm, cooperative attitude. Other agencies might also interview your character references.

Firearms Training Course

You need to pass an approved firearms training course before your CCW permit can be issued. This course is required to be at least 16 hours in length. Usually, it includes a discussion of:

• Firearm safety
• Firearm handling
• Shooting proficiency
• Safe storage
• The legal aspects of firearm use, including what constitutes the allowable use of deadly force
• The particular laws that permit holders are permitted to carry firearms

At least one hour of the course is devoted to mental health and mental health resources. The course should involve live-fire shooting practice during which you will demonstrate safe handling and competency with each firearm you carry. You must also pass a written test to prove your knowledge of the material. You must organize this training with an approved vendor, and you will present evidence of completion to your issuing agency.

California Gun Laws

The gun laws in California, especially concerning concealed carry, have changed significantly over the last few years, mainly due to the landmark New York State Rifle and Pistol Association v. Bruen ruling and the following reaction of California in the form of Senate Bill 2 (SB 2). These legal changes have redefined the manner of issuing CCW permits and their applicability.

In June 2022, the Bruen decision changed the constitutional test of concealed carry permits. It held that the Second Amendment secured an individual right to bear firearms in public in the defense of oneself and annulled so-called “may-issue” licensing schemes that obliged applicants to establish a good cause or a special need to justify a permit beyond self-defense in general. The Supreme Court required a new test: firearm regulations should align with the country’s historical tradition of firearm regulation. This decision directly affected the long-standing California good cause requirement, and it allowed more people to be eligible to receive CCW permits simply because they wanted to defend themselves.

California responded with Senate Bill 2 (SB 2), which took effect on January 1, 2024, in response to the Bruen verdict. Although SB 2 eliminated the need to demonstrate a good cause, it substantially increased the other requirements of the CCW application process. It created a broad list of sensitive places where concealed carry is prohibited, regardless of permit. SB 2 toughened the good moral character standard, making the background investigation of an applicant more comprehensive to determine the risk of the applicant becoming a danger to others or himself/herself. This change is meant to ensure that, though the rationale behind carrying is no longer an obstacle, the nature of the person carrying is strictly examined.

More importantly, SB 2 established an expanded list of sensitive places where carry remains prohibited, where firearms may not be carried, even with a permit. This expansive list includes places like:

• Schools and universities — These are K-12 schools, preschools, childcare facilities, colleges and universities, their grounds, and associated parking lots.
• Government buildings — Government buildings, including state and local governments, courthouses, adult and juvenile detention centers, police stations, and polling places.
• Transportation hubs — Airports (past security stations) and mass transit (buses, trains, and related infrastructure).
• Public gatherings and events — Gatherings or special events on public property that need a permit and the adjacent sidewalk or street within 1000 feet.
• Recreational areas — Playgrounds, parks, sporting facilities, zoos, museums, stadiums, and amusement parks.

• Places of worship — Churches, synagogues, mosques, and other places of worship.
• Financial institutions — Banks and other financial institutions.
• Alcohol-serving establishments — Bars and restaurants that serve alcohol to be drunk on the premises.

• Medical facilities — Hospitals, mental health facilities, nursing homes, medical offices, and urgent care facilities.

In addition to these particular places, you should also keep in mind the general rule about the right to prohibit firearms on the premises of a private property owner, whether or not you have a CCW permit. They usually express this by signs posted at entrances. It is not only the law but also a question of respecting the right to private property when respecting these signs.

Although some parts of SB 2 have faced legal challenges and injunctions, especially the expansive definition of sensitive places, the general purpose is to identify these locations. This means that even though you have a CCW permit, you are expected to be cautious and follow these gun-free zones because doing otherwise could result in serious consequences, like a felony charge and the loss of your permit.

Most importantly, California does not recognize permits to conceal carry issued in any other state. This means that although you may possess a legal CCW permit in another state, this does not provide you any legal cover to carry a concealed firearm in California. You should have a California-issued CCW permit to carry a concealed weapon within California legally. Although your California CCW is likely to be honored in certain other states, the reverse is not true in the eyes of California. Visitors who bring concealed weapons into California with home state permits may incur severe legal penalties unless they know and follow the strict California laws. It is best to see individual state reciprocity laws before you travel.

Find a Criminal Defense Attorney Near Me

The issue of concealed weapons is a complex problem with many threads of personal rights, safety of society, and precedent. On the one hand, it has been argued that there is a constitutional right to bear arms and that it may be used in self-defense. In contrast, opponents worry about higher violence levels, accidental firing, and the general effect on the health of the community. This complex debate requires a delicate balance between safeguarding the individual’s rights and everyone’s security.

Despite the position towards the policy, the legal consequences of carrying a concealed weapon are significant and require serious consideration. With a wide range of federal, state, and local regulations covering concealed carry permits and prohibited zones, it takes sharp legal expertise to navigate the complexities. Those charged with a concealed weapon are faced with a steep price in terms of possible fines, imprisonment, and a permanent criminal record. This situation highlights the importance of professional legal representation.

In case you or a loved one is accused of carrying a concealed weapon, contact the Law Offices of Anna R. Yum at 619-493-3461 to secure the best legal representation and defense in San Diego.