According to Penal Code 25850 PC, it’s illegal to carry a loaded firearm on a person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.
The prosecutor must establish the following elements to successfully convict a defendant of carrying a loaded firearm under Penal Code 25850:
California Penal Code 25850 PC defines a firearm as any device designed to be used as a weapon, from which a projectile is expelled through a barrel by the force of any explosion or other form of combustion. A firearm includes flare handguns, guns, shotguns, rockets, rifles, zip guns, and assault rifles.
Under Penal Code 25850 PC a firearm is loaded when there is an unexpended cartridge consisting of a case that holds a charge of powder and a bullet. Even if the firearm is not capable of being fired, it can still be considered loaded if it fits within the above characteristics. If a person carries a gun in a public place, a peace officer has the right to examine whether it is loaded or not.
There is a number of individuals who are exempted from the prohibitions against carrying a loaded firearm in public.
Some individuals from the list are only eligible to carry a loaded firearm under certain conditions. For example, hunters can carry loaded firearms to a designated hunting location if they are in a locked container. Target shooters can carry loaded guns at the target range areas.
Defenses to California Penal Code Section 25850 charges include the following
Usually, this defense applies when the defendant was not carrying the gun on his person. For example, if someone left a gun in his vehicle or in a bag that he was carrying. If the defendant did not know that he was carrying a loaded firearm, he cannot be found guilty of a violation of California PC Section 25850.
This law requires the firearm to be loaded. In case the clip was not attached or there was no bullet in the chambers, a person cannot be found guilty of this offense under Penal Code Section 25850.
For being convicted under PC 25850 defendant must have carried the loaded firearm in a public place, a prohibited area, or in an incorporated area. In case he carried the firearm in a private area he cannot be found guilty.
According to California’s self-defense law, a person can carry a loaded firearm in case he reasonably believes that he or any other person is in imminent danger, and carrying the firearm is necessary for deflecting the threat.
Penalties for California Penal Code Section 25850 conviction can be either charged as a misdemeanor or felony and is also considered a “wobbler” offense in California.
The penalties for a misdemeanor Penal Code Section 25850 carrying a loaded firearm include:
In California Penal Code Section 25850 is considered a wobbler offense. Depending on certain aggravating circumstances and particular circumstances of the case, carrying a loaded firearm can become a wobbler and can be prosecuted as either a felony or a misdemeanor. The aggravating circumstances are the following:
Penalties for a misdemeanor with aggravating factors are the same as for a regular misdemeanor. Penalties for a felony conviction under aggravating factors are the following:
Penal Code lists other aggravating circumstances that elevate a Penal Code 25850 PC to a felony. These aggravating circumstances are the following:
Penalties for felony Penal Code 25850 conviction include:
The defendant must also serve a minimum of three months in county jail if he has a prior conviction for shooting at an inhabited dwelling house or car (PC 246), assault with a deadly weapon (PC 254), and brandishing a weapon (PC 417).
For answers to any other questions you may still have about California Penal Code 25850 charges or to discuss your case confidentially with our team of experienced California criminal defense attorneys give us a call at (310) 943-1171. Our lawyers in Glendale, Los Angeles County, CA, are highly dedicated to serving the needs of our clients.
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