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The State of California has very strict laws regulating who is allowed to possess, carry and use any type of firearm. Fully automatic weapons, AK series rifles, AR rifles with detachable magazines or any firearms made in China are strictly prohibited in the State. California local law enforcement agencies may issue a concealed weapons permit to qualified individuals that have completed a safety-training course.
Any individual who is caught carrying a concealed weapon could be facing serious penalties. Even if the gun was not in good working order does not matter. Weapons transported in cars must be put in a locked container secured by a combination or padlock. This includes the trunk of a motor vehicle, not the glove or utility compartment. Concealed carry permits from other states are not valid in California.
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Type of Crime |
Description of the Offense |
Jail Time & Amount of Fine |
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Misdemeanor Offense (First time offense)
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Carries a weapon, such as a pistol, revolver or other firearm capable of being concealed within a motor vehicle under the person’s control
Carries upon their person any pistol, revolver or other firearm capable of being concealed upon the person
Causes a concealed weapon to be carried in any vehicle in which he or she is an occupant
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Sentenced to county jail for a period of up to one year
Maximum fine of $1,000 |
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Wobbler Offense (Can be charged as either a misdemeanor or felony offense) |
The gun was not registered to the defendant and they had ammunition for the gun or ammunition was readily accessible to them |
Up to a year in county jail or state prison and a fine of up to $1,000 |
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Felony Offense
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Will be charged with a felony if any of the following is true:
The defendant has a prior felony conviction on their record
The defendant knew or had a reason to know that the weapon was stolen
The defendant is an active member in a criminal street gang
The defendant does not lawfully possess the gun
The defendant is prohibited from possessing a firearm due to drug addiction or prior criminal convictions |
Up to 3 years in a California state prison
Subject to fines and community service to be decided by the judge |
Criminal defendants can choose to plead innocent and go to trial where a judge or jury of their peers will decide their fate. The District Attorney may decide to offer a plea bargain at anytime during the process. This saves both time and money for the prosecution because they don’t have to commit resources by obtaining evidence to prove their case. The defendant may benefit by pleading guilty to a lesser offense and receive less jail time.
Under the determinate sentencing laws, California judges can impose a low, middle or high term. This means that the length of the prison sentence may be based upon either mitigating or aggravating factors. For example, someone who truly believed that their concealed weapons permit they obtained in another state was valid in California would probably receive a more lenient punishment. An aggravating factor would be if the defendant committed another crime when he was apprehended with a concealed weapon.
Your Rights When Dealing with the Police
Search and Seizure Laws
Arrests: Your Rights and the Law
After You're Arrested: Booking, Bail, and O.R.
Suspect to Defendant: Facing Criminal Charges
Getting Legal Representation When Charged With a Crime
Expungement & Sealing Adult Criminal Records
Crimes: Laws & Penalties