California Gun Rights Lawyer: Understanding PC 26400 and PC 26500
If you are a gun owner in California, it is important to be aware of the laws that regulate the possession and use of firearms. Two laws that you should be familiar with are PC 26400 and PC 26500, which prohibit the carrying of a loaded firearm in public and the discharge of a firearm in certain locations. In this article, we will explore what these laws entail, as well as the potential penalties for violating them.
What is PC 26400?
California Penal Code 26400 makes it illegal to carry a loaded firearm in public places or on public streets. This law prohibits carrying a loaded firearm in any public place, including parks, shopping centers, public buildings, and recreational areas. A loaded firearm is defined as a weapon that has a live round of ammunition in the chamber or attached to the firearm. The law applies to firearms carried openly or concealed, regardless of whether the person has a valid permit to carry a firearm.
Penalties for Violating PC 26400
The penalties for violating PC 26400 can be severe. If convicted, you could face up to one year in county jail, a fine of up to $1,000, community service or labor, probation, and more. In some cases, the offense may be charged as a felony, which carries more severe penalties, including up to three years in state prison.
Exceptions and circumstances may apply to the offense. For example, individuals who are authorized to carry a firearm as part of their job, such as law enforcement officers, may be exempt from this law. Additionally, individuals who are carrying a firearm for lawful purposes, such as hunting or target shooting, may have a valid defense against the charges.
What is PC 26500?
California Penal Code 26500 makes it illegal to discharge a firearm in certain locations. This law prohibits the discharge of a firearm in cities, towns, and public places, except in self-defense, defense of another person, or defense of property. Additionally, it is illegal to discharge a firearm in an unsafe manner that endangers others, or from or at a motor vehicle or building/dwelling, except in self-defense, defense of another person, or defense of property.
Penalties for Violating PC 26500
The penalties for violating PC 26500 can also be severe. If convicted, you could face up to one year in county jail, a fine of up to $1,000, community service or labor, probation, and more. In some cases, the offense may be charged as a felony, which carries more severe penalties, including up to three years in state prison.
Exceptions and circumstances may apply to the offense. For example, individuals who are authorized to discharge a firearm as part of their job, such as law enforcement officers, may be exempt from this law. Additionally, individuals who discharge a firearm in self-defense, defense of another person, or defense of property may have a valid defense against the charges.
Consult with a California Gun Rights Lawyer
If you have been charged with violating PC 26400 or PC 26500, it is crucial to consult with an experienced California gun rights lawyer who understands the nuances of the law and can build a strong defense strategy on your behalf. A skilled attorney can evaluate the circumstances of your case, explore potential defenses, and work tirelessly to protect your rights and freedom.
At Criminal Defense Heroes, P.C., our attorneys have years of experience defending individuals against criminal gun charges in Orange County, Los Angeles, and throughout the South Bay of 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 consultation.
We are proud to be certified by the USCCA Critical Attorney Network, which ensures that we provide our clients the highest level of gun rights legal representation possible. Whether you need help understanding California’s firearm laws or need aggressive, experienced defense against firearm charges, we are here to help.
