California Codes

Cal. Penal Code § 25400 (2026)

✓ current as of May 2026

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(a)A person is guilty of carrying a concealed firearm when the person does any of the following:

(1)Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.

(2)Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person.

(3)Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

(b)A firearm carried openly in a belt holster is not concealed within the meaning of this section.

(c)Carrying a concealed firearm in violation of this section is punishable as follows:

(1)If the person previously has been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, as a felony.

(2)If the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony.

(3)If the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony.

(4)If the person is not in lawful possession of the firearm or the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony.

(5)If the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.

(6)If both of the following conditions are met, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment:

(A)The pistol, revolver, or other firearm capable of being concealed upon the person is loaded, or both it and the unexpended ammunition capable of being discharged from it are in the immediate possession of the person or readily accessible to that person.

(B)The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of that pistol, revolver, or other firearm capable of being concealed upon the person.

(7)In all cases other than those specified in paragraphs (1) to (6), inclusive, by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.

(d)(1)Every person convicted under this section who previously has been convicted of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for at least three months and not exceeding six months, or, if granted probation, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned in a county jail for at least three months.

(2)Every person convicted under this section who has previously been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, if probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned in a county jail for not less than three months.

(e)The court shall apply the three-month minimum sentence as specified in subdivision (d), except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in subdivision (d) or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivision (d), in which case, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

(f)A peace officer may arrest a person for a violation of paragraph (6) of subdivision (c) if the peace officer has probable cause to believe that the person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of the pistol, revolver, or other firearm capable of being concealed upon the person, and one or more of the conditions in subparagraph (A) of paragraph (6) of subdivision (c) is met.

Notes of Decisions

Cited in 123 cases (57 in the last 5 years), 2013–2026 · leading case: Edward Peruta v. Cnty. of San Diego, 824 F.3d 919 (9th Cir. 2016).

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Edward Peruta v. Cnty. of San Diego, 824 F.3d 919 (9th Cir. 2016). · cites it 4× “OF SAN DIEGO place or on any public street, in either an incorporated city or a “prohibited area” of “unincorporated territory.”

Edward Peruta v. Cnty. of San Diego, 742 F.3d 1144 (9th Cir. 2014). · cites it 3× “1 See Cal. Penal Code § 25400 (prohibiting concealed carry of a firearm); id.”

Ernest Foster, Sr. v. Jeremy Hellawell, 908 F.3d 1204 (9th Cir. 2018). “2016) (en banc); see also Cal. Penal Code § 25400 (crime of carrying a concealed firearm), § 25850 (crime of carrying a loaded firearm in public).”

United States v. Shane Vandergroen, 964 F.3d 876 (9th Cir. 2020). · cites it 2× “” This language, conveyed to the police by the dispatcher, would suggest to a reasonable police officer that Vandergroen at least potentially had the gun concealed on his body.”

People v. Jefferson, 238 Cal. App. 4th 494 (Cal. Ct. App. 2015). · cites it 3× “FACTUAL AND PROCEDURAL BACKGROUND Jefferson was charged, by information, with carrying a concealed firearm within a vehicle (Pen. Code, § 25400, subd. (a)(1); count one)1 and carrying a loaded firearm on one’s person in a city (§ 25850, subd.”

People v. Fews, 238 Cal. Rptr. 3d 337 (Cal. Ct. App. 5th 2018). “(a)(1) ; count I), concealing in a vehicle ( Pen. Code, § 25400, subd. (a)(3) ; count II), and carrying a loaded firearm ( Pen.”

K.R. v. Superior Court of Sacramento Cnty., 396 P.3d 581 (Cal. 2017). “(Pen. Code, §§ 25400, subd. (a)(2), former 12031, subd.”

People v. M.G., 228 Cal. App. 4th 1268 (Cal. Ct. App. 2014). · cites it 3× “committed the following offenses: (1) carried a concealed firearm on his person (Pen. Code, § 25400, subd. (a)(2)); (2) carried a loaded firearm on his person in a public place (Pen.”

United States v. Tamaran Bontemps, 977 F.3d 909 (9th Cir. 2020). “See Cal. Penal Code § 25400 . In Foster, we held that “[g]iven the insignificant number of concealed carry permits issued in California, a reasonable officer could conclude that there is a high probability that a person identified in a 911 call as carrying a concealed handgun is…”

George Young, Jr. v. State of Hawaii, 896 F.3d 1044 (9th Cir. 2018). “See Cal. Penal Code §§ 25400 , 25850, 26350. But San Diego County leaves open the opportunity to carry a concealed firearm upon the demonstration of “good cause.”

People v. Bryant, 10 Cal. App. 5th 396 (Cal. Ct. App. 2017). “A jury convicted Bryant of carrying a concealed firearm in a vehicle (Pen. Code, § 25400, subd. (a)(1)), 1 and found that the firearm was loaded and not registered to him.”

United States v. Parker, 919 F. Supp. 2d 1072 (E.D. Cal. 2013). · cites it 3× “Thus, the Court does not address the constitutional challenge to Count 2.) Defendant claims 36 C.”

Show all 123 citing cases →

— Cal. Penal Code § 25400(a) — 1 case

United States v. Parker, 919 F. Supp. 2d 1072 (E.D. Cal. 2013). “Thus, the Court does not address the constitutional challenge to Count 2.) Defendant claims 36 C.”

— Cal. Penal Code § 25400(a)(1) — 2 cases

Par. v. Martel (S.D. Cal. 2019).

Muhammad Adom v. City of Los Angeles (9th Cir. 2025).

— Cal. Penal Code § 25400(a)(2) — 4 cases

People v. Damien R. CA4/1 (Cal. Ct. App. 2025).

In re Daniel L. CA1/2 (Cal. Ct. App. 2020).

Pitoau v. Moore (S.D. Cal. 2024).

In Re S.M. ca2/6 (Cal. Ct. App. 2024).

— Cal. Penal Code § 25400(c)(4) — 1 case

In Re K.G. ca1/4 (Cal. Ct. App. 2013).

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