California Penal Code Section 12031 claims that a person found carrying a loaded firearm in a public place will be found guilty.
A person will be found "carrying" when they have a loaded firearm on his or her person, or in a vehicle. Public includes not only a public place, but also a public street of any incorporated city or unincorporated territory.
A firearm shall be considered "loaded" for the purposes of this section when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder, and a bullet or shot, attached in any manner to the firearm. A peace officer has the legal right to check a firearm in a public place to check whether or not the firearm is loaded. A refusal to allow the officer to check your weapon may lead to a lawful arrest.
The "lawful possession" as described in this section of the penal code refers to when a person has either lawfully owns, or has lawfully acquired or otherwise has the authority to carry the firearm.
A violation of this section will be justifiable when the person carrying the firearm reasonably believes that he or she is in grave danger. This section also does not apply to those carrying a firearm by any person engaged in the act of making a lawful arrest.
The section that defines this particular charge is extensive and carries with it a lot of fine print. When charged under this section of the California Penal Code, it is a good idea to consult an experienced Los Angeles Criminal Defense attorney who has not only been practicing Criminal law for over thirty years, but has handled cases similar to yours.
