California Penal Code 25400 makes it a crime to carry a concealed firearm without a valid license, whether on your person or inside a vehicle you control. A first offense is typically a misdemeanor punishable by up to one year in county jail and a $1,000 fine, but the same conduct becomes a felony carrying up to three years when aggravating factors apply, such as a prior felony, a stolen gun, or a firearm carried loaded by someone who is not its registered owner.1California Legislative Information. California Penal Code 25400
What the Statute Prohibits
Section 25400 reaches three scenarios: carrying a concealed firearm on your person, carrying one inside a vehicle you control, and causing a concealed firearm to be inside a vehicle you occupy. The statute covers pistols, revolvers, and any other firearm small enough to be concealed on a person.
The law targets how the firearm is carried, not whether it is loaded. An unloaded handgun tucked in a waistband without a license is just as illegal as a loaded one. A loaded gun triggers a separate charge under Penal Code 25850 and can also push the 25400 charge into more serious territory.
What the Prosecution Must Prove
A conviction requires proof of three elements beyond a reasonable doubt: you carried a firearm that qualifies as concealable, the firearm was substantially concealed, and you knew you were carrying it.
A Concealable Firearm
Under Penal Code 16530, a “firearm capable of being concealed upon the person” means any device designed as a weapon that fires a projectile through an explosion or combustion and has a barrel shorter than 16 inches. The definition also covers firearms with interchangeable barrels where at least one available barrel is under 16 inches.2California Legislative Information. California Penal Code 16530 BB guns and pellet guns powered by air or gas pressure do not qualify.
Substantially Concealed
The firearm does not have to be completely hidden. If an ordinary person walking by would not recognize it as a firearm, the concealment threshold is met. A gun-shaped bulge under a shirt or a handle barely poking out of a bag can both count.
Knowledge
You must have known the firearm was there. This is often where defenses arise. Someone who borrows a car and genuinely did not know a handgun was under the seat lacks the required knowledge, and the prosecution has to prove awareness rather than mere physical proximity.
Penalties Under 25400
Penal Code 25400 is not a single-penalty offense. The consequences depend on your background and the facts of the case. The statute sets out seven distinct penalty categories, ranging from a straight misdemeanor to a straight felony.
Default Misdemeanor
A first-time offense with no aggravating factors falls under the catch-all provision in subdivision (c)(7). The maximum penalty is one year in county jail, a fine up to $1,000, or both. Most first offenders receive probation rather than jail time, but a conviction still creates a criminal record and can affect future firearm rights.
Straight Felony Categories
The charge becomes a felony automatically if any of these apply:
- Any prior felony conviction, or any prior conviction for a crime listed in Penal Code 16580 (a catalog of serious firearm and weapon offenses).
- The firearm was stolen and you knew or had reason to believe it was stolen.
- You are an active participant in a criminal street gang as defined in the Street Terrorism Enforcement and Prevention Act.
- You are legally barred from possessing firearms under California law, including people with certain mental health holds or restraining orders.
A felony conviction under any of these categories carries 16 months, two years, or three years in county jail. It also triggers a lifetime ban on owning or possessing firearms under both California and federal law.3Office of the Law Revision Counsel. 18 United States Code 922
Wobbler Categories
Two middle-ground categories can be charged as either a misdemeanor or a felony, depending on how the prosecutor views the facts. Subdivision (c)(5) applies when you have a prior conviction for a crime against a person or property, or a drug offense. Subdivision (c)(6) applies when the gun is loaded (or ammunition is within easy reach) and you are not the registered owner with the California Department of Justice.
For both, the misdemeanor penalty maxes out at one year in county jail and a $1,000 fine. The felony penalty reaches 16 months, two years, or three years.
Mandatory Minimum
If you have a prior felony conviction or a prior conviction for an offense listed in Penal Code 16580, the court must impose at least three months in county jail, even when granting probation. A judge can depart from this minimum only by making a specific finding on the record that the interests of justice require a different outcome.
Legal Ways to Carry
The primary legal path around 25400 is a concealed carry weapon (CCW) license issued by your local sheriff or police chief. Under Penal Code 26155, a licensing authority must issue a CCW license to a California resident who is at least 21, not disqualified under Penal Code 26202, a resident of the county (or a city within the county) where they apply, the registered owner of each firearm listed on the license, and has completed an approved training course of at least 16 hours (8 hours for renewals) covering safe handling, shooting proficiency, legal use of force, permissible carry locations, and at least one hour on mental health.4California Legislative Information. California Penal Code 261555California Legislative Information. California Penal Code 26165 A standard CCW license is valid for up to two years; judges of California or federal courts can receive licenses valid up to three years.6California Legislative Information. California Penal Code 26220
California does not recognize CCW permits from any other state, and most other states do not recognize California permits.
Penal Code 25400 also does not apply in several other situations. You may carry a handgun concealed within your own home, your place of business, or on private property you lawfully possess. You may transport a handgun in a vehicle if the firearm is unloaded and locked in a container. The glove compartment and center console do not count as locked containers.
Where a CCW Still Does Not Let You Carry
A CCW license does not give you unlimited access to public places. SB 2, effective January 1, 2024, created a long list of “sensitive places” under Penal Code 26230 where even licensed carriers cannot bring firearms. The Ninth Circuit upheld most of these restrictions in late 2024, and enforcement began on January 23, 2025.7State of California – Department of Justice – Office of the Attorney General. Information Bulletin 2025-DLE-06 – Additional Restrictions on CCW License Holders
Currently enforceable sensitive places include schools, preschools, and childcare facilities; state and local government buildings, courthouses, and police stations; colleges and universities; bars and restaurants serving alcohol; parks, playgrounds, youth centers, and athletic facilities; state parks and wildlife areas; stadiums, arenas, casinos, amusement parks, zoos, and museums; public libraries; airports and passenger vessel terminals; and detention facilities and polling places. Adjacent parking areas are covered for many of these locations.
Several SB 2 categories remain blocked by a federal court injunction from December 2023 and are not currently enforceable, including hospitals and medical facilities, public transit, places of worship, financial institutions, and public gatherings requiring a permit. Private businesses open to the public may allow concealed carry unless the property owner posts a California DOJ-compliant sign prohibiting firearms. The injunction status could change with new court rulings.
The Loaded-Firearm Companion Charge
Penal Code 25850 is the companion statute to 25400. It prohibits carrying a loaded firearm on your person or in a vehicle in any public place within an incorporated city or in a prohibited area of unincorporated county land. The penalty structure mirrors 25400 almost exactly: a default misdemeanor with up to one year in jail and a $1,000 fine, escalating to a felony under the same aggravating circumstances, with the same mandatory three-month minimum for anyone with a prior felony or qualifying firearm conviction.8California Legislative Information. California Penal Code 25850
The two charges often stack. Carrying a loaded, concealed handgun without a license can result in charges under both statutes at once. And because Penal Code 26350 prohibits openly carrying an unloaded handgun in public, neither open nor concealed carry is legal in most public settings without a CCW license.