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Simple CCW can also be a FELONY!
It's important to keep in mind that the simple act of Carrying a Concealed Weapon (12025PC) and Carrying a Loaded Firearm (12031PC) can be charged as a felony, even for a first time offender, if the following conditions are met:
12025(b)(6) PC - Provides a felony penalty if a firearm is carried concealed, and 1) The weapon is loaded, or there is ammunition immediately accessible to the holder. 2) The weapon is not registered to the person carrying it. Please note that the case of People v Clark defined the term "loaded" to mean that there was a round in a position where it could be fired. The wording of 12025(b)(6) pretty much defeats the application of Clark since it applies to "loaded" (where the term is defined by Clark) and to instances where the ammunition is immediately accessible (not addressed by Clark).
12031(a)(2)(F) - Provides a felony penalty where a loaded firearm is carried and the firearm is not registered to the person carrying it.
In both cases the felony penalty is subject to Penal Code section 17(b) (commonly referred to as a "wobbler" offense). The way 17(b) works is that a "wobbler" is a felony, and nothing less than a felony, right up to the moment that it "wobbles" (either the D.A. files it as a misdemeanor, or the judge drops it to a misdemeanor). Then it's a misdemeanor and nothing more than a misdemeanor from that point on. That's an important point to remember, particularly in some firearms intolerant portions of the state. A felony conviction has a lot of impact, including a lifetime disability on firearms possession.
It's important to keep in mind that the simple act of Carrying a Concealed Weapon (12025PC) and Carrying a Loaded Firearm (12031PC) can be charged as a felony, even for a first time offender, if the following conditions are met:
12025(b)(6) PC - Provides a felony penalty if a firearm is carried concealed, and 1) The weapon is loaded, or there is ammunition immediately accessible to the holder. 2) The weapon is not registered to the person carrying it. Please note that the case of People v Clark defined the term "loaded" to mean that there was a round in a position where it could be fired. The wording of 12025(b)(6) pretty much defeats the application of Clark since it applies to "loaded" (where the term is defined by Clark) and to instances where the ammunition is immediately accessible (not addressed by Clark).
12031(a)(2)(F) - Provides a felony penalty where a loaded firearm is carried and the firearm is not registered to the person carrying it.
In both cases the felony penalty is subject to Penal Code section 17(b) (commonly referred to as a "wobbler" offense). The way 17(b) works is that a "wobbler" is a felony, and nothing less than a felony, right up to the moment that it "wobbles" (either the D.A. files it as a misdemeanor, or the judge drops it to a misdemeanor). Then it's a misdemeanor and nothing more than a misdemeanor from that point on. That's an important point to remember, particularly in some firearms intolerant portions of the state. A felony conviction has a lot of impact, including a lifetime disability on firearms possession.
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