Description

Carrying a Concealed Weapon charges may be filed against a person who carries a concealed weapon within any vehicle that is under the person’s control or direction. Firearm includes any pistol, revolver, or other firearm capable of being concealed upon the person. If the defendant had knowledge that the firearm is stolen, or if the person is an active participant in a criminal street gang (Gang Enhancements) or has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation additional charges may apply.

What does the prosecutor have to prove?

1. Defendant carried a concealed firearm in violation of this section.
2. The defendant was not in lawful possession of the firearm. or
2. The defendant was within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code.
3. Defendant had a previous conviction of a misdemeanor offense enumerated in Section 23515. or
3. Defendant had a previous conviction of a felony, or of a crime made punishable by a provision listed in Section 16580. [PC 25400(c)(4)] or
1. Defendant carried a concealed firearm in violation of this section.
2. Defendant has been convicted of a crime against a person or property. or
2. Defendant has been convicted of a narcotics or dangerous drug violation. [PC 25400(c)(5)]

Punishment

Felony: 16months/2years/3years
With probation 90-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?No
Do I lose my right to vote if convicted?No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?No
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No