Carrying an unlicensed weapon can be a crime. Carrying a weapon while committing another offense can enhance the seriousness of a criminal charge and the severity of the potential sentence. In general, a weapons charge can be either a felony or a misdemeanor. This type of charge generally arises because the police stop someone and find a weapon either in their person (possession) or in their car.
Generally, a misdemeanor conviction can carry a jail sentence of up to 1 year in county jail. Carrying a concealed weapon allegation is generally charged as a felony if the person accused has a prior felony charge on his/her record, if he/she knew or had reason to know that the weapon was stolen, or he/she is an active participant in a criminal street gang as defined in subdivision (a) of Section 186.22, under the Street Terrorism Enforcement and Prevention Act (Chapter 11(commencing with Section 186.20) of Title 7 of Part 1). A felony charge carries a potential sentence of up the 3 years in State Prison.
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