California Penal Code § 25850 – Carrying a Loaded Firearm

According to California Penal Code 25850 (“25850”), it is a crime to carry a loaded firearm on your person or inside a motor vehicle while in a public place, a public street, or any area where it is unlawful to discharge a weapon. A firearm is loaded if an unexpended cartridge or shell is in the firing chamber or in a clip attached to the firearm. A guilty verdict can derail careers, trigger immigrant-status problems, and strip away gun rights for years, yet many arrests rest on shaky searches or simple misunderstandings about what counts as “loaded.” Our team of seasoned criminal defense litigators stands ready to fight the charge from arraignment through trial.

Ready to speak with a weapons charges lawyer? Contact us now at (888) 702-8845 or contact us online.

Definition of a “Loaded Firearm”

Penal Code § 25850(a) states:

“A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place in a prohibited area of an unincorporated area.”

In short, 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 combustion counts, and it is “loaded” when ammunition is present in the weapon or its attached magazine.

What Counts as a “Public Place”

Courts interpret public place broadly, think sidewalks, shopping-center parking lots, apartment-complex stairwells, or gas-station forecourts. If the public can move freely without invitation, the location is public. Even a parked car on a public street in an incorporated city qualifies.

When Is Carrying Considered Illegal?

  • You carry a loaded firearm in public without a valid concealed-carry permit.
  • The gun is within reach inside a glove box on a public street in an incorporated area.
  • You possess ammunition in the attached magazine of an AR-15 in a campground marked “no-discharge.”
  • You carry an unloaded gun but have the magazine inserted – the DA will argue the weapon was functionally loaded.

Legal Defenses to Carrying a Loaded Firearm Charges

Lack of Knowledge

If you genuinely did not know the weapon was loaded, perhaps a friend left a round in the chamber, lack of awareness can defeat the mental-state element. We subpoena text messages or witness statements proving you thought the chamber was clear.

Unlawful Search and Seizure

Police must have probable cause to detain or search. If officers opened a locked center console without consent, we argue they violated your constitutional rights under the Fourth Amendment, moving to suppress the gun and ammunition.

Possession for Self-Defense

California recognizes an exception when “a person or in a vehicle reasonably fears imminent danger.” If you carry a loaded firearm because gang members threatened you moments earlier, we raise the necessity defense and challenge the DA to prove you were not acting to prevent great harm.

Lawful Possession or Exemption

Peace officers, armored-car guards, licensed hunters in lawful zones, and holders of valid CCW permits are exempt. We present your permit or employment credentials to demonstrate lawful possession.

Penalties for Violating Penal Code 25850

Misdemeanor vs. Felony Charges

Most first-time violations of pc 25850 are file as misdemeanors, meaning it can be punishable by up to one year in county jail, a $1,000 fine, summary probation, and a temporary firearm ban. However, aggravators convert the offense to a felony, carrying up to three years in prison:

  • Prior felony or gun-related misdemeanor conviction
  • The weapon is used as a weapon in another offense
  • The firearm was stolen, and you knew or had reason to know
  • You belong to a street gang (§ 25850(c)(3))

Sentence Enhancements and Aggravating Factors

  • Discharge a firearm during commission, which adds 1–10 years (§ 12022.53).
  • Wearing body armor adds 1 year.
  • Carrying in a school zone adds 2–5 years.
  • Prior strike, doubling any state-prison term under the Three-Strikes law.

Immigration and Gun Rights Consequences

A felony conviction under 25850 almost always triggers a lifetime federal gun ban. Even a misdemeanor conviction can halt future handgun purchases for 10 years and jeopardize CCW renewals.

Deportability Issues

For non-citizens, violating pc 25850 is often a “firearms offense” under 8 U.S.C. § 1227(a)(2)(C). ICE may issue a detainer the moment you post bail. Our immigration-savvy lawyers coordinate with removal-defense counsel to craft pleas that avoid “firearm” language or downgrade to carry an unloaded weapon.

Loss of status is not inevitable; a well-negotiated plea to unload a firearm in public or carry an unloaded replica can preserve eligibility for cancellation of removal.

Related Offenses

Contact Our Gun Crimes Lawyer Today – Save Your Future!

Charged with carrying a loaded firearm? The arrest is frightening, but the outcome is still in play. Our criminal defense attorney team has dismantled 25850 charges in courthouses from Hollywood to Riverside:

  • We expose shaky ballistics meant to show the gun is loaded when the cartridge was misseated.
  • We cross-examine officers on lighting, magazine indicator windows, and whether “loaded” was confirmed in the field or station.
  • We demand body-cam, highlight illegal pat-downs, and push hard for dismissal or firearm-safety diversion.

Early intervention is key. Call us today at (888) 702-8845 for a no-cost consultation. We will review the facts of the case, craft the strongest defense, and fight to keep you home, working, and armed with knowledge, not conviction numbers.