In CA, what is considered a hidden weapon in a car or on your person?

Question

If this same item is out in the open does this make a difference? Does it also make a difference if it in your private home? I am not talking about illegal items or banned items.

Answer 1

In California it is illegal to possess a concealed firearm in a vehicle or on your person. (Pen. Code sec. 12025.) Even partial concealment will violate the law. (People v. Koehn, 25 Cal.App.3d 799, 802.) Exceptions to this are possession at home, on your own private property, or in a place of business (Pen. Code sec. 12026), and possession in a vehicle locked in the trunk or in a locked container other than the glove box (Pen. Code sec. 12026.1). There are lots of other exceptions listed in Pen Code sec. 12026.2 (like movie actors, transportation to or from clubs, etc.).

You can possess a firearm (otherwise legally possessed) if it is NOT concealed in a vehicle. However, I don't recommend it. Note, that all of the above assumes that the firearm is NOT loaded.

It is NOT, on the other hand, illegal to possess a knife which is otherwise lawful to possess concealed in a vehicle. It is illegal to possess a dirk or dagger (which in CA can mean just about any fixed blade knife or other pointy thing like a screwdriver or even knitting needles) concealed on the PERSON. (Pen. Code sec. 12020.) Possession in a manner so closely related to the person so as to give immediate access (as in a purse or bag), may be considered to be concealment on the person, but I don't know of any authority that concealment of a knife in a car in some other way (e.g., under the seat) is illegal.

On the other hand, none of the exceptions for firearms apply, so it is illegal to have a dirk or dagger concealed on your person even at home, at work, or on your private property (and I have seen prosecutions for concealed possession of a knife in one's own home). It is not illegal to have it concealed in any way other than upon your person (so it is OK to keep your knives in a drawer--just keep them out of your apron pocket).

ADD: Mike, you make me blush!

Answer 2

Any type of a weapon that is not in plain sight is considered "concealed". If you are stopped & an Officer asks you if you have any weapons in your vehicle OR on your person, then you must tell them before they do a search. If they find any type of a weapon after you say that you have none, then you can be hit with a concealment charge. period. This once happened to me when I was driving another family members car & a man on a bicycle rode into the car & was injured. The Officer asked if he could search the vehicle & I said fine, because I was more concerned with the injured man than anything else & as far as I knew, there was no reason to be concerned about any weapons. Imagine my surprise when the Officer pulled out a knife that was hidden under the front seat! I almost went to jail for something that I had no idea was in the car. It was settled when the owner of the car came to the scene, but I could have ended up going to jail because the Officer said it WAS a conceled weapon & did not surrender it when asked. Guns (handguns & pistols)are different because you need a permit to LEGALLY carry one on your person or in your vehicle, whether it's concealed or not. Shotguns & rifles have different rules. I think they need to be in the trunk or OUT of the passenger area & unloaded with the chamber open. I could be wrong, since our laws change so quickly in this state & they do vary from one County to another! As far as I know, anything you have at home can be stored at your own descretion, as long as there are no children living there. The same applies if an Officer does happen to ask youif you have any guns or weapons on the premises. You are obligated to tell them what you have & the location of the weapons. That's if there is no search warrant, if there IS, then they can look for themselves, but it goes better if you are honest, as they don't really seem to like surprises all that much! Our state used to have special permits that were issued to transport guns from one place to another for gun shows & sales. I don't know what has changed in the last 5 years, since it seems to vary from one Governor & Police Chief to another!

Answer 3

A gun under the car seat but not in a locked carrying case, an unsheathed knife is considered a hidden weapon. You would need to have a permit to even transport the weapon in your car
A gun or knife or any type of lethal weapon tucked in the small of your your back and not secured properly
The difference will lie in whether you have a permit to have the weapon such as a gun and it is not secured properly in the home.

Answer 4

The first guy is correct. It is illegal to transport a loaded firearm in the passenger compartment without a concealed weapons permit.

Private homes are not covered by this. But don't run afoul of the "assault weapon" ban in California that covers several nasty-looking guns, but not all of them.

Another case of "reasonable gun control" so proudly hailed by the libbies.

Answer 5

In general you need a concealed weapons permit to be on you and if some part of the barrel is showing in CA. Not a lawyer.

Answer 6

You can keep anything, anywhere in your home. Of course the media will make an example of you if something bad happens.
Hidden weapon in your car...Stuffed between the seats, probably "hidden". Locked in a box, not.
Hidden on your person...firearm - any, without a permit. knife - any fixed blade longer than 3". (or something like that).
You'll have to read the penal code for anything more specific.

Answer 7

I stabbed somebody with a pen a pair weeks in the past. definite, I evaluate pencils and pens weapons. Oh and additionally, I stabbed somebody with a pencil back in 5th grade. He became placing his legs decrease than my table and his arm on my table. I had to do some thing. He instructed the instructor and all she reported became "shop your hands off Frank's table". I gained.

Answer 8

My understanding is that in California unless you have a very rare permit, you can't have a gun in your car except a) in the trunk or b) in a locked box in the non-passenger section of an SUV.

If I'm wrong, I'd love to know.

Answer 9

DAR is right.