California Penal Code section 25400 is the statute that criminalizes carrying a concealed firearm. After the 2012 reorganization of the Dangerous Weapons Control Law, PC 25400 absorbed the substance of the former PC 12025 and is the primary CCW charging statute. This page covers what PC 25400 actually prohibits, the structural exceptions, the wobbler/felony distinction, and the most common defense angles.

What PC 25400 actually prohibits

The statute makes it unlawful to: (1) carry a concealed firearm on the person; (2) carry a concealed firearm within a vehicle; or (3) cause a firearm to be carried concealed within a vehicle in which the person is an occupant. The key element is concealment. An openly carried firearm in a permitted open-carry context is not a PC 25400 violation, though it may implicate other statutes (notably PC 26350 open carry of unloaded handgun in public, which itself was challenged on Second Amendment grounds).

The vehicle locked-container exception

PC 25610 provides a critical exception that often becomes the defense framework in vehicle CCW cases. A firearm carried in a motor vehicle is NOT considered concealed within the meaning of PC 25400 if it is: (1) carried in the locked trunk of the vehicle, OR (2) carried in a locked container in the vehicle other than the utility or glove compartment. The “locked container” exception requires that the container be locked at the time of the stop. A zipped bag is not a locked container. A locked hard-side case is.

Wobbler or straight felony

PC 25400 is generally a wobbler, meaning the prosecutor can charge as either felony or misdemeanor. The choice depends on the specific factual circumstances and the defendant’s record:

Straight felony pathway (PC 25400(c)). Certain enumerated circumstances elevate the offense to a straight felony with no misdemeanor option: prior felony convictions, prior firearm convictions, gang affiliation under PC 186.22, possession of stolen firearms, or possession in connection with another crime.

Wobbler pathway (PC 25400(a) absent the aggravating circumstances). Default for first-offense, non-aggravated cases. Maximum misdemeanor exposure is one year in county jail; maximum felony exposure is 16 months, 2 years, or 3 years under PC 1170(h).

Bruen and the CCW landscape after 2022

The U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen (2022) 597 U.S. 1, struck down “may issue” CCW permitting schemes and required states to adopt “shall issue” frameworks based on objective criteria. California’s CCW permitting (PC 26150 and following) has been the subject of ongoing litigation post-Bruen. Defendants charged with PC 25400 who had legitimate permit applications denied or delayed under the prior “may issue” framework may have constitutional defenses worth raising depending on the timing of the offense and the permitting agency.

Common PC 25400 defenses

Locked container exception under PC 25610. The most common factual defense in vehicle cases. If the firearm was in a locked container (not the glove compartment, not the utility compartment), it is not “concealed” within the meaning of the statute.

Lack of knowledge. The prosecution must prove the defendant knew the firearm was present. A passenger unaware that the driver had a firearm in the vehicle has a viable defense to PC 25400’s vehicle-occupant variant.

Lawful CCW permit. If the defendant held a valid CCW permit under PC 26150 at the time of the offense, the carry is lawful. Post-Bruen, the universe of valid permit holders has expanded, and previously denied applicants may have constitutional arguments.

Fourth Amendment suppression. If the stop or search that produced the firearm violated the Fourth Amendment, a motion to suppress under PC 1538.5 can eliminate the evidence and end the case.

Constructive vs. actual possession. In vehicle cases with multiple occupants, the prosecution must prove which occupant possessed or knew about the firearm. Joint occupancy alone is insufficient.

Sentencing and collateral consequences

Beyond the direct sentence, a PC 25400 conviction carries significant collateral consequences. A felony conviction triggers federal firearm prohibition under 18 U.S.C. § 922(g)(1). California’s own 10-year firearm prohibition under PC 29805 applies to many misdemeanor PC 25400 convictions. Immigration consequences for non-citizens can be severe, particularly because firearms offenses are categorically classified as “firearm offenses” under 8 U.S.C. § 1227(a)(2)(C) and trigger deportability without the usual aggravated felony analysis.

The Law Office of Zak Fisher is a Los Angeles criminal defense practice. This page is general legal information about California Penal Code § 25400, not legal advice for any specific matter. Past results do not guarantee a similar outcome in your case. No attorney-client relationship is formed without a signed engagement letter. Attorney Advertising. Zak Fisher, Esq., California Bar No. 332712.

Penal Code § 25400: Carrying a Concealed Firearm (CCW) Defense