California Penal Code 12025 was renumbered to Penal Code 25400 on January 1, 2012, when the state reorganized its firearms statutes. The underlying offense did not change: carrying a concealed handgun or other concealable firearm on your person or in a vehicle, without a valid license, remains a crime that can be filed as a misdemeanor or a felony depending on your record and the circumstances. If you are researching PC 12025 today, PC 25400 is the statute that controls.
Older convictions and court records still reference 12025, and they correspond directly to the current section. Prosecutors, defense attorneys, and judges now charge and discuss these cases under PC 25400.
What PC 25400 Prohibits
To convict you, the prosecution has to prove three things: that you carried a firearm capable of being concealed on a person, that you knew you were carrying it, and that it was substantially concealed.1Justia. CALCRIM No. 2520 – Carrying Concealed Firearm on Person The statute reaches three situations: carrying a concealed firearm on your body, carrying one concealed in a vehicle you control, or causing a concealed firearm to be carried in a vehicle you occupy.2California Legislative Information. California Penal Code 25400
A few details matter. The law applies to any pistol, revolver, or firearm with a barrel under 16 inches. It covers loaded and unloaded firearms alike, so an empty gun hidden in your waistband still qualifies. A firearm carried openly in a belt holster is specifically excluded from the definition of concealed.2California Legislative Information. California Penal Code 25400
The knowledge element is about awareness of the firearm itself. You have to know you are carrying or possessing the weapon. You do not have to know that carrying it concealed is illegal.3Justia. CALCRIM No. 2522 – Carrying Concealed Firearm: Caused to Be Carried in Vehicle
Misdemeanor Penalties
Without any of the aggravating factors described below, carrying a concealed firearm is a misdemeanor. A conviction carries up to one year in county jail, a fine of up to $1,000, or both.2California Legislative Information. California Penal Code 25400 Courts often impose probation instead of jail for first-time offenders, sometimes with community service or firearms safety courses attached.
A misdemeanor here is not trivial. The conviction shows up on background checks, can affect professional licensing, and will complicate any future application for a concealed carry license.
When the Charge Becomes a Felony
PC 25400 is a straight felony in some circumstances and a wobbler (chargeable as a felony or misdemeanor at the prosecutor’s discretion) in others.2California Legislative Information. California Penal Code 25400
Straight Felony Factors
The charge must be filed as a felony when any of these apply:
- You have a prior felony conviction, or a prior conviction for any offense listed in Penal Code 16580.
- The firearm was stolen and you knew or had reason to believe it was stolen.
- You are an active participant in a criminal street gang.
- You are legally barred from possessing firearms under California or federal law.
Wobbler Factors
The charge can go either way when:
- You have a prior conviction for a crime against a person, a property crime, or a drug offense.
- The firearm was loaded (or both the gun and ammunition were in your immediate possession) and you are not the registered owner on file with the California Department of Justice.
If a wobbler is filed as a misdemeanor, the maximum is one year in county jail and a $1,000 fine. If filed as a felony, the sentence can be served in county jail under California’s realignment provisions or in state prison, depending on the case.
Mandatory Minimum for Repeat Offenders
If you have a prior conviction for certain misdemeanor weapons offenses listed in Penal Code 23515, a conviction under PC 25400 carries a mandatory minimum of three months in county jail, even if the court grants probation.2California Legislative Information. California Penal Code 25400 The same three-month floor applies if you have a prior felony conviction and receive probation. A judge can go below it only in unusual cases where the interests of justice require it, and must state the reasons on the record.
Defenses
The strongest defense is often the simplest. You did not know the firearm was there. Because the prosecution has to prove you knew you were carrying or possessing the weapon, genuine unawareness defeats the charge. This comes up with borrowed vehicles, shared bags, and shared living spaces where someone else placed the firearm.1Justia. CALCRIM No. 2520 – Carrying Concealed Firearm on Person
A second defense is that the firearm was not actually concealed. If the weapon was visible or carried openly in a belt holster, it falls outside the statute.2California Legislative Information. California Penal Code 25400 Whether something counts as substantially concealed can be a real factual dispute.
The statute also carves out specific exemptions that work as affirmative defenses: you carried the firearm, but you had a lawful basis for doing so.
Legal Exemptions
Valid CCW License
If you hold a current California concealed carry weapon license, PC 25400 does not apply to the firearms listed on that license.4California Legislative Information. California Penal Code 25655 The license must be in force, and the firearm you are carrying must be one you are licensed to carry.
Lawful Transport
You can transport a concealed handgun without a CCW license if you are a U.S. citizen over 18, not prohibited from possessing firearms, and one of two conditions is met: the firearm is unloaded and locked in the vehicle’s trunk, or the firearm is unloaded and inside a locked container while you carry it directly to or from a vehicle.5California Legislative Information. California Penal Code 25610 The glove compartment and the center console do not count as locked containers, even if they lock. This exception covers trips between home and a gun range, a gunsmith, or similar destinations named in the code.
Peace Officers
Sworn peace officers authorized to carry firearms in the course of their duties are exempt. The exemption covers officers from police departments, sheriff’s offices, the California Highway Patrol, the Department of Corrections and Rehabilitation, district attorney’s offices, and federal law enforcement agencies, among others.6California Department of Justice. State Exemptions for Authorized Peace Officers
Federal Safe Passage
Federal law gives limited protection for interstate transport. Under 18 U.S.C. 926A, if you can legally possess the firearm in both your origin and destination states, you may transport it through California if the firearm is unloaded and neither the gun nor the ammunition is accessible from the passenger compartment. If your vehicle has no trunk, the firearm must sit in a locked container other than the glove compartment or console.7Office of the Law Revision Counsel. 18 U.S. Code 926A – Interstate Transportation of Firearms The protection applies only during continuous travel. Overnight stops, errands, or route deviations can cost you the defense.
Federal Firearms Ban After a Felony
A felony conviction under PC 25400 triggers a separate federal consequence. Under 18 U.S.C. 922(g)(1), anyone convicted of a crime punishable by more than one year in prison is prohibited from possessing any firearm or ammunition.8Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Violating that ban is a separate federal crime carrying up to ten years in prison. One California felony conviction for concealed carry can permanently end your ability to legally own a gun anywhere in the country.
The Department of Justice has authority under 18 U.S.C. 925(c) to restore federal firearms rights and is developing an application process for people seeking it.9Department of Justice. Federal Firearm Rights Restoration The process is not fully operational, and historically Congress has blocked funding for it. For planning purposes, treat a felony conviction here as a permanent firearms ban until proven otherwise.
Immigration Consequences for Non-Citizens
If you are not a U.S. citizen, a conviction under PC 25400 can carry immigration consequences that dwarf the criminal penalties. Depending on how the charge is classified, a firearms conviction can make you deportable, inadmissible for re-entry, or ineligible for naturalization. The Ninth Circuit has held that even an expungement of a California misdemeanor conviction for carrying a concealed weapon does not erase the immigration consequences of the conviction. State-level relief that cleans the record for most California purposes does nothing to protect you from federal immigration enforcement. Anyone who is not a citizen and is facing a concealed carry charge should consult an immigration attorney before accepting any plea.