- Under California law a concealed handgun can legally be transported with a motor vehicle without a permit only by carrying it:
- Unloaded
- Locked in the vehicle’s trunk or in a separate locked container other than the utility or glove compartment
- If the vehicle does not have a trunk, it must be carried in a “locked container” separate from the utility or glove compartment.
- Penal Code Section 12026.1 defines “locked container” as a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. Locked container does not include the glove compartment or utility compartment.
- Ammunition cannot be attached to the handgun in any manner. Under most circumstances, a firearm is considered loaded when there is a live round of ammunition “…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…” For example, a semi-automatic handgun with an empty firing chamber and a loaded magazine inserted in the magazine well is considered loaded. There is no prohibition in the state codes against also carrying ammunition within the same motor vehicle or compartment in the vehicle, as long as the firearms are not loaded and ammunition is not attached in any manner to the firearm. – Penal Code Sections 12025, 12026, 12031.
- “Utility compartment” is not defined in the Penal Code. A handgun should not be transported in the center console (even if locked) or in the storage area present behind the rear seat in most hatchback type automobiles. Because of the uncertainty in current California law, it is inadvisable to use the various storage compartments found in sport utility vehicles.
- While it is legal in California to carry an unloaded handgun in plain sight in the passenger compartment, it is not advised. It can lead to unfavorable attention and an encounter with the police. If the gun slips between the seats or otherwise out of sight, it is no longer “in plain sight” and therefore illegal.
- Penal Code Section 12026.2 states that carrying a handgun in your car even in a locked container is only for the purpose of transporting from one specific location to another (going to the range, going hunting, etc.). It is illegal to carry a firearm without a permit, even in a locked container in your car, for general purposes such as self-defense.
- These requirements for handguns also apply to the transportation of “assault weapons” and .50 BMG rifles.
- When driving a motor home, it is treated as a motor vehicle and all requirements listed above apply.
This information was obtained from the California Rifle and Pistol Association’s Summary of California Gun Laws and Basic Safety Rules, 38th Revision – 2010, and from Attorney Bruce Colodny, GunLaw.com. Be prepared with transporting a firearm in California. It’s serious business, and misunderstanding or not knowing the laws can land you in a spot you’d rather not be.
Check out this list of CA DOJ Approved Locking Containers for your vehicle:
DOJ GUN Safes
