In California, Penal Code 26150-26155 covers concealed firearm permits and the requirements and restrictions that deal with them. Under this Penal Code, anybody who applies for a concealed weapon must show proof that they have good moral character, that there are specific reasons why this permit should be issued to them, and that they are a resident of the county or city. They must have also completed a course of training under Section 26165. As you can see, a stringent process is required from those who want to carry a concealed weapon.
Likewise, under the very-similar Penal Code 25400, under certain circumstances a person may be found guilty of carrying a concealed firearm when they have not met the requirements above. Good documentation is kept on those who receive a concealed firearm permit and many laws apply to these cases.
United States Court of Appeals for the Ninth Circuit
A 7-to-4 ruling by the United States Court of Appeals for the Ninth Circuit rules that the Second Amendment of the Constitution doesn’t guarantee gun owners to automatically carry concealed weapons in public places. This means that the federal appeals court agrees that all California citizens must continue to go through the process of attempting to obtain a concealed-carry permit. Under current California law, applicants are required to demonstrate good cause for carrying a weapon, such as working in a building that has many security threats. The court said in their ruling, “We conclude that the protection of the Second Amendment simply does not extend to the carrying of concealed firearms in public by members of the general public.”
Defending Yourself Against Charges
What happens if you have been charged with carrying a concealed firearm without a permit? What if you had no sufficient reason to have a weapon on you in the first place? There may be a variety of defenses you can use to make your case.
For instance, you can only be held liable for these charges if you knew about the firearm. What if you didn’t know that the concealed weapon was on your body while you were in public? Perhaps at some point, somebody placed a gun inside your purse and now you were caught walking around with it inside the purse at a later date against your knowledge. This is a viable defense in your case.
Having the gun inside the trunk or a locked container in your vehicle is another valid defense, as well as having a valid license for the weapon. Are you legally entitled to own or possess a firearm because you lawfully own it or were given possession by another person? Having a gun such as in Penal Code 26150 also helps you stay away from a violation of Penal Code 25400. However, you will have to present your valid license to the courts to make your case.
You have rights that you should understand in any event in regards to concealed firearms. If you wish to carry a concealed firearm, you should always obtain a permit. However, if your case ends in an arrest, you may need a skilled defense attorney on your side to protect your rights.