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Concealed Weapons / Possession of Firearms Defense Law

The knowing and unlawful manufacture, import, sale, supply or possession of any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any bullet containing or carrying an explosive agent, any ballistic knife, any multi-burst trigger activator, any nunchaku, any short barreled shotgun, any short barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon of the kind commonly known as blackjack, slungshot, billy, sandclub, sap, or sandbag. CPC 12020

Carrying a concealed weapon is defined as concealing the weapon either in your vehicle or on your person, within your immediate possession or where you could reach for it in a relatively easy manner. If the weapon is under your car seat, you could possibly be charged with this offense. If the weapon is in your trunk or in plain view (plain sight) however, you will not be charged with carrying a concealed weapon as it is neither within your reach in the trunk nor is it concealed. In the alternative, if you’re wearing the weapon in a holster and it is visible, the District Attorney’s Office will have a hard time charging you with carrying a concealed weapon as the weapon is visible in plain view.

Possession of Firearms/Carrying a Concealed Weapon may be charged as either a misdemeanor or a felony. The maximum punishment for a misdemeanor is one-year in jail. Felony Possession of Firearms/Carrying a Concealed Weapon however is punishable by imprisonment for 16 months, two years, or three years in prison. A first time offender however will be granted probation if he or she admits guilt at an early stage of the proceedings.

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