Cal Pen Code § 12025 (2004)
§ 12025. Carrying concealed firearm; Misdemeanor or felony offense;
Sentencing
(a) A person is guilty of carrying a concealed firearm when he or
she does any of the following:
(1) Carries concealed within any vehicle which is under his
or her control or direction any pistol, revolver, or other firearm capable of
being concealed upon the person.
(2) Carries concealed upon his or her 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 he or she is an occupant any pistol, revolver, or other firearm capable
of being concealed upon the person.
(b) Carrying a concealed firearm in violation of this section
is punishable, as follows:
(1) Where the person previously has been convicted of any
felony, or of any crime made punishable by this chapter, as a felony.
(2) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony.
(3) Where 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) Where the person is not in lawful possession of the
firearm, as defined in this section, or the person is within a class of persons
prohibited from possessing or acquiring a firearm pursuant to Section 12021 or
12021.1 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code, as a felony.
(5) Where the person has been convicted of a crime against a
person or property, or of a narcotics or dangerous drug violation, by
imprisonment in the state prison, 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) By imprisonment in the state prison, 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 if both of the
following conditions are met:
(A) Both the pistol, revolver, or other firearm capable of
being concealed upon the person and the unexpended ammunition capable of being
discharged from that firearm are either in the immediate possession of the
person or readily accessible to that person, or the pistol, revolver, or other
firearm capable of being concealed upon the person is loaded as defined in
subdivision (g) of Section 12031.
(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.
(c) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (b) 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 (b) is met.
(d)(1) Every person convicted under this section who
previously has been convicted of a misdemeanor offense enumerated in Section
12001.6 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 he or she 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
this chapter, if probation is granted, or if the execution or imposition of
sentence is suspended, it shall be a condition thereof that he or she 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) Firearms carried openly in belt holsters are not
concealed within the meaning of this section.
(g) For purposes of this section, "lawful possession of
the firearm" means that the person who has possession or custody of the
firearm either lawfully owns the firearm or has the permission of the lawful
owner or a person who otherwise has apparent authority to possess or have custody
of the firearm. A person who takes a firearm without the permission of the
lawful owner or without the permission of a person who has lawful custody of
the firearm does not have lawful possession of the firearm.
(h)(1) The district attorney of each county shall submit
annually a report on or before June 30, to the Attorney General consisting of
profiles by race, age, gender, and ethnicity of any person charged with a
felony or a misdemeanor under this section and any other offense charged in the
same complaint, indictment, or information.
(2) The Attorney General shall submit annually, a report on
or before December 31, to the Legislature compiling all of the reports
submitted pursuant to paragraph (1).
(3) This subdivision shall remain operative until January 1,
2005, and as of that date shall be repealed.