Vehicles
- Handguns must be carried unloaded in a locked container that is not the glove box.
- An unloaded long gun (shotgun or rifle) must be either carried openly or meet the locked container requirement if it is not visible.
- Unloaded long guns can be on the seat, floor, or in a rack.
- If any firearm is not visible, it must meet the locked container requirement for concealed weapons.
- Handguns may only be transported from exempted place to exempted place and cannot be carried around "just in case."
- Long guns in vehicles do not have a destination requirement and can be carried "just in case;" this changes if you take the gun out of the vehicle.
- School zones are more restrictive.
- Handguns must be locked away out of sight if the vehicle is unattended.
Do not answer questions or grant consent to search.
If detained, always refuse consent to search your vehicle, person, or luggage. If an officer has probable cause to search, he will, but never grant consent because in the event you forgot something or innocently broke the law through ignorance or forgetfulness, consent can be used against you. If you are arrested or asked to give potentially incriminating information, never talk to the police and only give statements after consulting with your attorney and with your attorney present.
Example: a guy goes shooting out in the desert and is stopped for speeding. The CHP officer asks “Do you have any firearms in the vehicle?” The driver states he does, in the trunk, all legal. The CHP officer states he needs to secure the weapons for officer safety during the stop, “but you wouldn’t mind if I checked everything, would you? I mean, you’re not carrying a bazooka, are you?” the officer asked. The man consents because everything is legal. Except he forgot to eject that last cartridge from the chamber of his rifle once he removed the magazine and the CHP officer finds it. The driver is arrested for a loaded firearm and the search is legal because the driver consented.
If detained, always refuse consent to search your vehicle, person, or luggage. If an officer has probable cause to search, he will, but never grant consent because in the event you forgot something or innocently broke the law through ignorance or forgetfulness, consent can be used against you. If you are arrested or asked to give potentially incriminating information, never talk to the police and only give statements after consulting with your attorney and with your attorney present.
Example: a guy goes shooting out in the desert and is stopped for speeding. The CHP officer asks “Do you have any firearms in the vehicle?” The driver states he does, in the trunk, all legal. The CHP officer states he needs to secure the weapons for officer safety during the stop, “but you wouldn’t mind if I checked everything, would you? I mean, you’re not carrying a bazooka, are you?” the officer asked. The man consents because everything is legal. Except he forgot to eject that last cartridge from the chamber of his rifle once he removed the magazine and the CHP officer finds it. The driver is arrested for a loaded firearm and the search is legal because the driver consented.
Owner/driver allowing unloaded handgun in a vehicle
17512. It is a misdemeanor for a driver of any motor vehicle or the owner of any motor vehicle, whether or not the owner of the vehicle is occupying the vehicle, to knowingly permit any other person to carry into or bring into the vehicle a firearm in violation of Section 26350 [carrying an unloaded handgun].
Picketing/Strikes
17510. (a) Any person who does any of the following acts while engaged in picketing, or other informational activities in a public place relating to a concerted refusal to work, is guilty of a misdemeanor:
(1) Carries concealed upon the person, or within any vehicle which is under the person’s control or direction, any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries a loaded firearm upon the person or within any vehicle that is under the person’s control or direction.
Loaded long guns on a highway in a vehicle
2006 FGC. (a) It is unlawful to possess a loaded rifle or shotgun in any vehicle or conveyance or its attachments which is standing on or along or is being driven on or along any public highway or other way open to the public.
(b) A rifle or shotgun shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell in the firing chamber but not when the only cartridges or shells are in the magazine.
(c) [peace officers; omitted]
Vehicle carry prohibitions
Note: A concealed firearm in a vehicle includes one carried in a manner such as to be invisible¸ even if it is in a carrying case.
Concealed carry
25400. (a) A person is guilty of carrying a concealed firearm when the person does any of the following:
(1) Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) [universal concealed carry prohibition; omitted]
(3) Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.
Note: You may not have a handgun in a vehicle or in any way make another person carry a concealed handgun. A handgun that is out of sight, either because of your clothes, because it’s in a box/bag/case, or because it’s in the glove box is considered concealed. (a)(1) should be considered the same as “on or about” the person.
The intent is to prevent a gun from being hidden and then used to a criminal’s advantage while denying the victim the opportunity to recognize that gun was being carried. “A person who carries a concealed firearm in a vehicle, in an unlocked case which permits him immediate access to the firearm but impedes others from detecting its presence, poses an ‘imminent threat to public safety…’”
People v. Hodges (1999) 70 Cal.App.4th 1348, 1355 [83 Cal.Rptr.2d 619] and People v. Marroquin (1989) 210 Cal. App. 3d 77, 81 [258 Cal. Rptr. 290]
The intent is to prevent a gun from being hidden and then used to a criminal’s advantage while denying the victim the opportunity to recognize that gun was being carried. “A person who carries a concealed firearm in a vehicle, in an unlocked case which permits him immediate access to the firearm but impedes others from detecting its presence, poses an ‘imminent threat to public safety…’”
People v. Hodges (1999) 70 Cal.App.4th 1348, 1355 [83 Cal.Rptr.2d 619] and People v. Marroquin (1989) 210 Cal. App. 3d 77, 81 [258 Cal. Rptr. 290]
CALCRIM 2521 Carrying Concealed Firearm Within Vehicle
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant carried within a vehicle a firearm capable of being concealed on the person;
2. The defendant knew the firearm was in the vehicle;
3. The firearm was substantially concealed within the vehicle;
AND
4. The vehicle was under the defendant’s control or direction.
Gun in Unlocked Carrying Case Is Concealed
“If a firearm is transported in a vehicle in such a manner as to be invisible unless its carrying case is opened, it is concealed in the ordinary and usual meaning of the term.” (People v. Hodges (1999) 70 Cal.App.4th 1348, 1355 [83 Cal.Rptr.2d 619].)Thus, carrying a firearm in an unlocked case in a vehicle violates Penal Code section 25400(a)(1). (Ibid.) However, Penal Code section 25525 makes it lawful to transport a firearm in a vehicle if it is in a locked case.
Not Necessary for Defendant to Possess or Control the Firearm
“The statute does not require that the defendant have the exclusive possession and
control of the firearm.” (People v. Davis (1958) 157 Cal.App.2d 33, 36 [320 P.2d88].) The court in People v. Davis, supra, upheld the conviction where the defendant owned and controlled the vehicle and knew of the presence of the firearm below the seat, even though the weapon was placed there by someone else and belonged to someone else.
As far as “causing” a handgun to be carried concealed, you can’t make someone else hide or carry the gun for you; i.e. a gang member can’t give a gun to his homie to stash it in the car. You also cannot let someone else hide a gun in your car (see 17512 PC.)
CALCRIM 2252
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant caused a firearm capable of being concealed on the person to be concealed while it was carried within a vehicle;
2. The defendant knew that (he/she) caused the firearm to be concealed in the vehicle;
3. The firearm was substantially concealed within the vehicle;
AND
4. The defendant was in the vehicle during the time the firearm was concealed there.
The People do not need to prove that the defendant initially brought the firearm into the vehicle. People v. Padilla (2002) 98 Cal.App.4th127, 134 [119 Cal.Rptr.2d 457]
Note: Padilla stuffed the handgun between the seats. He claimed he was given the handgun by the driver while the driver claimed the gun was Padilla’s. The court decided it was ill-relevant how the gun got in the car, but what was important that Padilla established control over the weapon by shoving it between the seats as witnessed by two deputy sheriffs.
To legally transport handguns in a vehicle
Note: the above prohibition on a concealed handgun in a vehicle is excused when it is transported in the manner below.
To legally transport handguns in a vehicle
Note: the above prohibition on a concealed handgun in a vehicle is excused when it is transported in the manner below.
25610. (a) Section 25400 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the vehicle’s trunk or in a locked container in the vehicle.
(2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with the provisions listed in Section 16580.
16850. As used in this part, “locked container” means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term “locked container” does not include the utility or glove compartment of a motor vehicle.
Note: trigger and cable locks along do not satisfy the locked container requirement.
Note: you must be transporting the handgun between someplace you can legally have the firearm. You cannot simply carry around a locked up firearm in a vehicle just in case you need to use it while going about daily life.
To legally transport a long gun in a vehicle
This applies to long guns (“Unloaded Firearm that is not a Handgun”); i.e. rifles and shotguns.
Note: you must be transporting the handgun between someplace you can legally have the firearm. You cannot simply carry around a locked up firearm in a vehicle just in case you need to use it while going about daily life.
To legally transport a long gun in a vehicle
This applies to long guns (“Unloaded Firearm that is not a Handgun”); i.e. rifles and shotguns.
26400. (a) A person is guilty of carrying an unloaded firearm that is not a handgun [long gun] when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:
(1) An incorporated city or city and county.
(2) A public place or a public street in a prohibited area of an unincorporated area of a county.
(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.
16505. For purposes of Chapter 7 (commencing with Section 26400) of Division 5 of Title 4, a firearm is “encased” when that firearm is enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied, or otherwise fastened with no part of that firearm exposed.
Note: trigger and cable locks along do not satisfy the locked container requirement.
Note: while the long gun is in a vehicle, there is no destination requirement. You can simply carry it around with your in the vehicle, as long as it is unloaded and carried openly, or meets the locked container requirements.
Note: while the long gun is in a vehicle, there is no destination requirement. You can simply carry it around with your in the vehicle, as long as it is unloaded and carried openly, or meets the locked container requirements.
Carrying on public lands in a vehicle
A loaded firearm would certainly be illegal (see 26100 below). The question for an unloaded handgun is whether or not the actual "road" qualifies as both a public street and if shooting is prohibited on the road.
Some may ask “Can I carry my firearm in vehicle on a dirt road on forest/BLM land?” What exactly constitutes an official “road” versus a unapproved vehicle path established through regular use. Paved roads (“highways”) are obviously roads, as are official designated and numbered forest routes or BLM roads. No one seems to know if an unofficial road is an actual “road” for the purposes of the law regarding discharge of firearms or not.
Loaded firearms in a vehicle and shooting from a vehicle
Some may ask “Can I carry my firearm in vehicle on a dirt road on forest/BLM land?” What exactly constitutes an official “road” versus a unapproved vehicle path established through regular use. Paved roads (“highways”) are obviously roads, as are official designated and numbered forest routes or BLM roads. No one seems to know if an unofficial road is an actual “road” for the purposes of the law regarding discharge of firearms or not.
Loaded firearms in a vehicle and shooting from a vehicle
26100. (a) It is a misdemeanor for a driver of any motor vehicle or the owner of any motor vehicle, whether or not the owner of the vehicle is occupying the vehicle, knowingly to permit any other person to carry into or bring into the vehicle a firearm in violation of Section 25850 of this code or Section 2006 of the Fish and Game Code.
(b) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly permits any other person to discharge any firearm from the vehicle is punishable by imprisonment in the county jail for not more than one year or in state prison for 16 months or two or three year
Vehicle safe storage
From concealed weapon section
If you are not in your vehicle, your handgun in its locked case must be out of sight, covered up somehow, under the seat, in the trunk, etc.
Why out of sight? Because if a criminal sees a gun case sitting in a car, he can break the window and steal it. Legislators don't want any temptations.
Why out of sight? Because if a criminal sees a gun case sitting in a car, he can break the window and steal it. Legislators don't want any temptations.
25612. A person shall, when leaving a handgun in an unattended vehicle, secure the handgun in the vehicle pursuant to Section 25140.
25140. (a) Except as otherwise provided in subdivision (b), a person shall, when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view, or lock the handgun in a locked toolbox or utility box.
(b) [peace officers; omitted]
(c) A violation of subdivision (a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).
(d) (1) As used in this section, the following definitions shall apply:
(A) “Locked container” means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term “locked container” does not include the utility or glove compartment of a motor vehicle.
(B) “Locked toolbox or utility box” means a fully enclosed container that is permanently affixed to the bed of a pickup truck or vehicle that does not contain a trunk, and is locked by a padlock, keylock, combination lock, or other similar locking device.
(C) [peace officer; omitted]
(D) “Trunk” means the fully enclosed and locked main storage or luggage compartment of a vehicle that is not accessible from the passenger compartment. A trunk does not include the rear of a hatchback, station wagon, or sport utility vehicle, any compartment which has a window, or a toolbox or utility box attached to the bed of a pickup truck.
(E) “Vehicle” has the same meaning as specified in Section 670 of the Vehicle Code.
(2) For purposes of this section, a vehicle is unattended when a person who is lawfully carrying or transporting a handgun in a vehicle is not within close enough proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents.
(3) For purposes of this section, plain view includes any area of the vehicle that is visible by peering through the windows of the vehicle, including windows that are tinted, with or without illumination.
(e) [peace officer; omitted]
(f) This section does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before September 26, 2016.
16850. As used in this part, “locked container” means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term “locked container” does not include the utility or glove compartment of a motor vehicle.
Note: trigger and cable locks along do not satisfy the locked container requirement in a vehicle.
Unloaded firearm, vehicle exemption
Unloaded firearm, vehicle exemption
26389. Section 26350 does not apply to, or affect, the carrying of an unloaded handgun if the handgun is carried either in the locked trunk of a motor vehicle or in a locked container.
Unloaded firearms that are not handguns in vehicles
26400(a) still allows unloaded firearms that are not handguns to be carried inside a vehicle if all other laws are complied with. Once the gun comes out of the vehicle, 26400 and the exceptions apply.
Other exemptions
Note that all the other exemptions for carrying a concealed/loaded/unloaded handgun still apply in vehicles. For the sake of brevity, not every exemption will be recapitulated here. Generally, you can only have a firearm in a vehicle (unless you have a license to carry) if you are transporting it from and from a legal place/activity (excluding unloaded long guns).
Can I drive around with an unloaded gun with me, just in case I need it?
Not for a handgun, but yes for an unloaded openly carried long gun. You must be transporting a handgun between someplace you can legally have the handgun. You cannot simply carry around a locked up handgun in a vehicle just in case you need to use it while going about daily life.
25400(a) makes it illegal to carry within a vehicle a concealed handgun, loaded or unloaded. Remember a gun in box, case, or bag is still concealed. Then the exceptions for where you can transport a handgun to/from come into play. So if the purpose you are transporting your gun for isn’t specifically excused, you can’t drive it
25850(a), [loaded firearm], 26350(a)(2) [unloaded handgun], and make it illegal to have a handgun or loaded firearm on or about the person in a vehicle in prohibited areas. 26400(a) still allows unloaded firearms that are not handguns to be carried inside a vehicle if all other laws are complied with.
26400(a) still allows unloaded firearms that are not handguns to be carried inside a vehicle if all other laws are complied with. Once the gun comes out of the vehicle, 26400 and the exceptions apply.
Other exemptions
Note that all the other exemptions for carrying a concealed/loaded/unloaded handgun still apply in vehicles. For the sake of brevity, not every exemption will be recapitulated here. Generally, you can only have a firearm in a vehicle (unless you have a license to carry) if you are transporting it from and from a legal place/activity (excluding unloaded long guns).
Can I drive around with an unloaded gun with me, just in case I need it?
Not for a handgun, but yes for an unloaded openly carried long gun. You must be transporting a handgun between someplace you can legally have the handgun. You cannot simply carry around a locked up handgun in a vehicle just in case you need to use it while going about daily life.
25400(a) makes it illegal to carry within a vehicle a concealed handgun, loaded or unloaded. Remember a gun in box, case, or bag is still concealed. Then the exceptions for where you can transport a handgun to/from come into play. So if the purpose you are transporting your gun for isn’t specifically excused, you can’t drive it
25850(a), [loaded firearm], 26350(a)(2) [unloaded handgun], and make it illegal to have a handgun or loaded firearm on or about the person in a vehicle in prohibited areas. 26400(a) still allows unloaded firearms that are not handguns to be carried inside a vehicle if all other laws are complied with.
Can my ammo/magazines be in the same locked container as my handgun?
California has no laws prohibiting ammunition or loaded magazines from being in the same container as the firearm as long as there is no ammo loaded into the gun. The question is, can you readily access the ammunition?
California has no laws prohibiting ammunition or loaded magazines from being in the same container as the firearm as long as there is no ammo loaded into the gun. The question is, can you readily access the ammunition?
25400. (h)(A) The pistol, revolver, or other firearm capable of being concealed upon the person is loaded, or both it and the unexpended ammunition capable of being discharged from it are in the immediate possession of the person or readily accessible to that person.
A locked case would not be readily accessible. Additionally, CHP says the following:
Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the magazine well. (CHP FAQ)
Definition; “loaded” firearm
Note: the 16840(a) definition only applies to the crime of “armed criminal action” (when you are carrying with criminal intent to hurt/kill someone); it is not applicable to peaceable carry.
Note: the 16840(a) definition only applies to the crime of “armed criminal action” (when you are carrying with criminal intent to hurt/kill someone); it is not applicable to peaceable carry.
16840. (b) As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, in subparagraph (A) of paragraph (6) of subdivision (c) of Section 25400, and in Sections 25850 to 26055, inclusive,
(1) A firearm shall be deemed to be “loaded” when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm.
(2) Notwithstanding paragraph (1), a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
Shotgun shells attached to gun not “loaded”; People v. Clar
Under the commonly understood meaning of the term 'loaded,' a firearm is 'loaded'" when a shell or cartridge has been placed into a position from which it can be fired; the shotgun is not "loaded" if the shell or cartridge is stored elsewhere and not yet placed in a firing position. The shells here were placed in a separate storage compartment of the shotgun and were not yet 'loaded' as the term is commonly understood. People v. Clark (1996) 45 Cal.App.4th 1147,1153 [53 Cal.Rptr.2d 99]
Note: “clip” is referring to an ammunition clip (stripper or en-block clip).
I’m a taxi/Uber/Lyft driver. My car is my place of business.
Vehicles are tricky. A taxi was found to be a “place of business” in People v. Marotta [(1981) - 128 Cal. App. 3d Supp. 1, 180 Cal. Rptr. 611.], while in People v. Wooten [(1985) 168 Cal. App. 3d 158, 214 Cal. Rptr. 40.] this did not apply to a pickup truck because the driver was sometimes a “bounty hunter.” The opinion in Marotta made several good points, but the justices suggested a legislative fix, so one who operates a business out of their vehicle should not rely on this decision.
I’m a taxi/Uber/Lyft driver. My car is my place of business.
Vehicles are tricky. A taxi was found to be a “place of business” in People v. Marotta [(1981) - 128 Cal. App. 3d Supp. 1, 180 Cal. Rptr. 611.], while in People v. Wooten [(1985) 168 Cal. App. 3d 158, 214 Cal. Rptr. 40.] this did not apply to a pickup truck because the driver was sometimes a “bounty hunter.” The opinion in Marotta made several good points, but the justices suggested a legislative fix, so one who operates a business out of their vehicle should not rely on this decision.
Most Likely Scenarios
You have an unloaded long gun in your vehicle in plain sight. You are stopped by police and it takes some convincing of the officer it is legal or you are arrested and hope the DA doesn't file charges.
You are transporting the unloaded gun from a place where it is legal to have it in a locked case or in the trunk (handgun, but good practice for all firearms). Most commonly, you will be:
You are transporting the unloaded gun from a place where it is legal to have it in a locked case or in the trunk (handgun, but good practice for all firearms). Most commonly, you will be:
- Going from home to the shooting range;
- Bringing new gun home from the gun store;
- Taking a gun out to your hunting/fishing trip; or
- Taking the gun from your home to your hotel room/campsite.
- You are in immediate, grave danger from a domestic partner and have a restraining order against them (a defense you have to prove in court, not an exemption).