Penalty for Carrying a Concealed Weapon Without a Permit

The gun laws of most states say that if you carry a concealed weapon without a permit, then a prosecutor can charge you with either:

1. a misdemeanor,
2. a felony,
3. nothing if you are exempt under your state’s concealed carry laws, or
4. nothing if you are a resident of a “Constitutional Carry” state.

Most state laws say that a misdemeanor offense is punishable by up to one year in jail. Felony convictions, however, can lead to several years in state prison.

Note that you can usually obtain a concealed carry permit if you:

• are at least 18 or 21 years of age,
• are a U.S. citizen,
• complete a concealed carry application,
• complete a firearms safety course, and
• pass a background check.

If you are facing charges for carrying a concealed weapon without a permit, please contact a criminal defense attorney/criminal defense lawyer for help.

Note that carrying guns in most public places is prohibited under SB 2 even with a CCW permit. Learn more about California gun laws.

1. Can you be charged with a misdemeanor if no concealed weapons permit?

Yes. The concealed carry laws of most states say that it is a misdemeanor offense for a person to carry a concealed “weapon” without a valid concealed weapons permit or concealed carry license.¹ A “concealed weapons permit” is sometimes referred to as a “CCW permit.”

Many states say that a concealed “weapon” includes a:

• handgun,
• knife,
• tasers, and
• any other firearm capable of being concealed upon the person.²

If you are found guilty of carrying a concealed firearm or weapon without a permit, the crime is usually charged as a misdemeanor offense.

Misdemeanor weapons charges are usually punishable by:

• custody in county jail for up to one year, and/or
• a fine.

Note, though, that a judge can usually award a defendant with probation in lieu of jail time.

2. What about a felony charge?

Maybe. Most state’s weapons laws say that you can face a felony charge for carrying a concealed weapon without concealed carry permits if certain aggravating factors are present.

For example, in the State of California, Penal Code 25400 PC is the state statute that says carrying a concealed firearm must be charged as a felony if:

• you are a felon, or have previously been convicted of a felony or any other California firearm offense,
• the firearm is stolen, and you knew, or had reasonable cause to believe, that it was stolen,
• you are an active participant in a criminal street gang,
• you are not in lawful possession of the firearm,
• you are prohibited from owning or possessing a firearm under Penal Code 29800, California’s felon with a firearm law, or
• you are prohibited from owning or possessing a firearm under Penal Code 29900, for committing, or attempting to commit, a violent offense like murder, rape, or robbery.³

If convicted of a felony under California’s firearm laws, you could face:

• up to three years in county jail, and/or
• a maximum $10,000 fine.⁴

3. Are there times when you won’t be charged with a crime if no CCW permit?

Yes. Most state firearms laws make some people exempt from prosecution for not carrying a CCW permit with a concealed handgun or other weapon.

For example, the state law of North Carolina sets forth exemptions for the following people:

• personnel of the U.S. armed forces when in the discharge of their official duties,
• civil and law enforcement officers of the U, S.,
• some members of the North Carolina National Guard,
• members of a state law enforcement agency when in the discharge of their official duties,
• members of a county, city, town, or other local law enforcement agency (for example, a county sheriff) when in the discharge of their official duties,
• detention personnel or correctional officers who transport a firearm to an authorized parking space, provided that the firearm is in a locked container, and
• people who had possession of a firearm for a lawful purpose.⁵

State laws also usually provide an exemption to people who are on private property (including a home and place of business).⁶

4. What are “Constitutional Carry” states?

Some states say that concealed carry is in the form of “Constitutional Carry.” This means that you can legally carry a weapon without a permit.

Constitutional Carry states essentially say that the Second Amendment grants you the right to bear arms and a permit is not necessary to carry one.

The Constitutional Carry states are:

• Alaska (residents only),
• Arizona,
• Kansas,
• Maine,
• Mississippi,
• Missouri,
• New Hampshire,
• Vermont (does not issue permits),
• West Virginia (residents only), and
• Wyoming.⁷

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