Firearms are a hotly debated topic in the United States, and California has some of the strictest gun laws in the country. One important subsection of these laws is PC 26350, which addresses the carrying of unloaded firearms in public places.
Under PC 26350, it is illegal to openly carry an unloaded firearm in a public place. A public place is defined as any location that is open to the public or is generally accessible to the public. This law applies to both handguns and long guns, and it applies to both residents and non-residents of California.
Violating PC 26350 can result in severe consequences, including misdemeanor or felony charges, depending on the circumstances. If convicted of a misdemeanor, the penalties can include up to one year in county jail and a fine of up to $1,000. If convicted of a felony, the penalties can include up to three years in state prison and a fine of up to $10,000.
Here are four scenarios in which someone could be charged with violating PC 26350:
- Carrying an Unloaded Firearm in a Public Place: If an individual is openly carrying an unloaded firearm in a public place, they could be charged with violating PC 26350. For example, if someone is carrying an unloaded rifle on a public street or in a park, they could face charges under this law.
- Unlawful Transportation of a Firearm: If an individual is transporting an unloaded firearm in their vehicle and the firearm is not properly secured, they could be charged with violating PC 26350. For example, if someone is transporting an unloaded handgun in their car’s glove compartment and it is not in a locked container, they could face charges under this law.
- Openly Carrying a Firearm During a Protest or Demonstration: If an individual is participating in a protest or demonstration and is openly carrying an unloaded firearm, they could be charged with violating PC 26350. While the First Amendment protects the right to peacefully assemble and protest, openly carrying a firearm in this context can lead to criminal charges.
- Accidentally Being Near a School: A person is carrying a firearm on school grounds or within 1,000 feet of a school. It is illegal to carry a firearm in these locations, even if the person has a valid concealed carry permit.
It’s important to note that in each of these scenarios, there are certain circumstances and exceptions that may apply to the case. Consulting with an experienced gun rights defense attorney who specializes in defending against PC 26350 charges is crucial to building a strong defense strategy.
At Criminal Defense Heroes, P.C., our attorneys have years of experience defending individuals against PC 26350 charges in Orange County and throughout California. We understand the nuances of the law and the best strategies for defending against these types of charges. If you are facing charges for carrying a concealed firearm without a permit, contact us today at 323-529-3660 for a free consultation. At Criminal Defense Heroes, P.C., we understand how complex California’s firearm laws can be. Our team of experienced criminal defense and gun attorneys can help you understand the specific laws and penalties related to PC 26350 and any potential defenses that may be available to you.
If you’re facing charges related to firearms or gun possession, it’s essential to work with the best Orange County gun rights defense attorney available. Our team of experienced attorneys has a track record of successfully defending clients facing firearm-related charges, and we are committed to fighting for your rights.
We are proud to be certified by the USCCA Critical Attorney Network, which ensures that we provide the highest level of legal representation possible to our clients. Whether you need help understanding California’s firearm laws or need aggressive defense against firearm charges, we are here to help.