Evidence Allowed for Contra Costa County man carrying a Concealed Firearm – California Penal Code Section 12025

By: Wallin & Klarich

The Daily Appellate Report recently reported that Michael Henry can be charged with carrying a concealed weapon. Henry was pulled over for running a red light, and subsequently fled the scene after being asked if he had anything illegal in his possession. Henry was pursued by several officers while one officer returned to the vehicle and called a tow truck. When the truck arrived, Henry’s vehicle was opened and searched and a pistol was discovered. The other officers had arrested Henry in the meantime. It was decided by the court in People v. Henry, No. A125270, that evidence seized from a suspect’s car incident to arrest is admissible where the officers relied in good faith upon the decision allowing the search of the entire compartment if the arrestee is within reaching distance of the compartment at the time of the search.

Under California Penal Code Section 12025, the only way to legally carry a concealed weapon is to obtain a concealed weapons permit. Otherwise, carrying a handgun that is small enough to be concealed is a punishable offense. In other words, if it is a handheld gun, it is concealable. Handguns such as pistols and revolvers generally fall under this category. Larger guns such as shotguns and rifles do not, as they are not considered to be handguns. A firearm can be concealed on your person or within a vehicle to which you are either an owner or have unrestricted access.

If a firearm is found on your person, you will be found guilty of carrying a concealed firearm if you carried a firearm capable of being concealed, you knew you were carrying a firearm, and the firearm was substantially concealed when you were carrying it. If a firearm is found in a vehicle, it must be shown that the firearm was capable of being concealed, that you knew the firearm was in the vehicle, that the firearm was substantially concealed, and that the vehicle was under your control or direction.

If you are found with a concealed firearm in your possession, you could be found guilty of a misdemeanor which comes with either serving up to one year in the county jail, or a fine of up to $1,000. However, the penalties and fines for carrying a concealed weapon can become increasingly more severe if conditions make the offense more serious.

If you are charged with carrying a concealed firearm, you should seek the assistance of an experienced criminal defense attorney. Our attorneys at Wallin & Klarich have over 30 years of experience taking on cases just like yours. We will look at the particular facts of your case to determine the best defense strategy that is available to you that will result in the best possible outcome. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be here when you call.

Posted In: Criminal Defense