Penal Code 25400 makes it a crime to carry a concealed firearm on your person or in a vehicle under your control.
It is generally a misdemeanor, but becomes a felony in specified aggravating circumstances. A firearm carried openly in a belt holster is not ‘concealed.’
What PC 25400 Says
PC 25400 covers carrying a pistol, revolver, or other concealable firearm concealed on the person or concealed within a vehicle under your control, and causing such a firearm to be carried concealed in a vehicle you occupy. A key statutory line: a firearm carried openly in a belt holster is not concealed for purposes of this section. That does not make open carry lawful, though — PC 25400 covers concealed carry only, and openly carrying a handgun in public is separately criminal: unloaded under PC 26350, loaded under PC 25850.
Misdemeanor or Felony?
PC 25400 is generally a misdemeanor. It becomes a felony only in specified aggravating circumstances — among them prior convictions, a stolen firearm, gang membership, or the person being otherwise prohibited from possessing a firearm. Which side of that line a case falls on drives everything.
Defenses
- Unlawful search. These cases frequently begin with a stop or search; if it was unlawful, a motion to suppress under PC 1538.5 takes the firearm off the table.
- Not concealed. An openly carried, belt-holstered firearm is expressly outside PC 25400. That is not the end of the analysis, though — PC 25400 covers concealed carry only, and openly carrying a handgun in public is separately criminal: unloaded under PC 26350, loaded under PC 25850.
- A recognized exception applies — the statutory scheme has exceptions, including for a valid license and certain transport situations.
- No knowing possession of the firearm.
Frequently Asked Questions
Is carrying a concealed firearm a felony in California?
PC 25400 is generally a misdemeanor. It becomes a felony only in specified aggravating circumstances, such as prior convictions, a stolen firearm, gang membership, or the person being otherwise prohibited from possessing a firearm.
Is an openly carried firearm 'concealed' under PC 25400?
No, not for purposes of PC 25400 — the statute expressly states that a firearm carried openly in a belt holster is not concealed. But PC 25400 covers concealed carry only; openly carrying a handgun in public is separately criminal, unloaded under PC 26350 or loaded under PC 25850.
What is the main defense to a concealed-firearm charge?
Often an unlawful search. Because these cases usually begin with a stop or search, a motion to suppress under PC 1538.5 can take the firearm off the table — and without it, the case typically fails. Not-concealed and statutory-exception defenses also apply.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com