Description

Carrying a Loaded Firearm in a Vehicle or Public Place is a crime. However, even carrying an unloaded firearm in public may be prosecuted under California Penal Code §26350(a).

What does the prosecutor have to prove?

1. Defendant carried a loaded firearm on his or her person, or in a vehicle.
2. Defendant was in a public place or public street in an incorporated city or in a prohibited area of an unincorporated territory

Punishment

Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)? No
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? No
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? Yes