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What would the penalty be if you were caught with a concealed handgun?

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  • CaseyW
    Junior Member
    • Oct 2011
    • 20

    What would the penalty be if you were caught with a concealed handgun?

    If a person were for whatever reason stopped by an officer, or in an accident or something where an officer noticed that they had a concealed weapon and did not have the concealed permit what would the penalty be?

    Misdimeaner, or Felony? fines?

    Anyone know? Just curious.
  • #2
    five.five-six
    CGN Contributor
    • May 2006
    • 34734

    Originally posted by CaseyW
    What would should the penalty be if you were caught with a concealed handgun?

    a bag of candy

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    • #3
      dotalchemy
      Senior Member
      • Apr 2011
      • 958

      Misdemeanor if it's your firearm.

      Felony if it's not.

      Although I'll await smarter folk to correct me
      1928 Tula 91/30 | 1944 Izhevsk M44 | As yet unknown 91/30 and M44 - still in the box | 1976 Walther P-1
      ...Daddy, what else did you leave for me?

      "The beauty of the Second Amendment is that it will not be needed until they try to take it" - Thomas Jefferson

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      • #4
        Beelzy
        Calguns Addict
        • Apr 2008
        • 9224

        Misdemeanor Carrying a Loaded Firearm................Only if you have sharp legal counsel, or are an Illegal Alien.
        "I kill things for a living, don't make yourself one of them"

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        • #5
          CaseyW
          Junior Member
          • Oct 2011
          • 20

          Funny thing is I don't have a gun yet even but my wife and I have been talking about it and the more I think about it the more ticked off I get. If a woman is an accomplished gun handler but can not get a Concealed license it's pretty jacked up. My wife was reading in here that a Lot of women carry that don't have licenses that jog, I don't blame them.

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          • #6
            stix213
            AKA: Joe Censored
            CGN Contributor - Lifetime
            • Apr 2009
            • 18998

            You're likely going to be hit with 2 misdemeanors, first for violation of 12025 (concealed without a license), and second for violation of 12031 (loaded). One of those gets bumped up to felony status if the handgun isn't registered to you.

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            • #7
              Librarian
              Admin and Poltergeist
              CGN Contributor - Lifetime
              • Oct 2005
              • 44628

              Originally posted by stix213
              You're likely going to be hit with 2 misdemeanors, first for violation of 12025 (concealed without a license), and second for violation of 12031 (loaded). One of those gets bumped up to felony status if the handgun isn't registered to you.
              Exactly.

              12025 (b) Carrying a concealed firearm in violation of this section
              is punishable, as follows:

              (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.
              That's for folks with no prior record, of course.

              Asked and answered.
              ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

              Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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