Oakland Carrying a Concealed Weapon Attorney

Concealed Weapon Charge in California

Do you need an experienced Oakland criminal defense attorney? Try answering this question: Can you lawfully carry a fully disassembled firearm within your vehicle?

Carrying a Concealed Weapon Within a Vehicle

California law has specific rules governing concealed weapons and their transport inside of a vehicle. A person is guilty of carrying a concealed firearm in a vehicle when the weapon being contained within the vehicle can be hidden on the body of the person operating the vehicle. A firearm must be transported in a locked container.

Carrying a concealed weapon within a vehicle can be charged as either a felony or a misdemeanor. Mandatory minimum jail time requirements are often sought by district attorneys.

When charged with carrying a concealed weapon within a vehicle, an experienced Oakland criminal defense lawyer will dissect the prosecutor’s case and expose flaws in the charges you’re facing. For example, when charged with carrying a concealed weapon within a vehicle, an experienced Oakland criminal defense lawyer can provide the jury with reasonable doubt as to crucial elements of the prosecution’s case.

These elements include:

• You had the weapon in the vehicle in the first place
• You knew the firearm was in the vehicle
• The firearm was substantially concealed within the vehicle
• The vehicle was under your control or direction
• The weapon was not properly placed in a locking container

Defenses:

Many police agencies and district attorney’s offices will ignore the fact that you have a constitutional right to bear arms when deciding whether to make an arrest or file criminal charges. For example, you would not be guilty of carrying a concealed weapon within a vehicle if the firearm was in a locked case. Our law firm has successfully applied its experience to defend innocent individuals who were properly transporting their firearms inside of a locked container.

*** Answer to title question: Yes.

People v. Hayden, (1973) 30 Cal. App. 3d 446, 452. Although inoperability of a firearm is not a legal defense to carrying a concealed firearm within a vehicle, the firearm must still appear capable of shooting.