In California, carrying a gun in your car is not as simple as just putting it in the glove compartment and driving off. State laws have strict rules about how and where you can transport firearms. You must follow these rules carefully to stay on the right side of the law, and if you don't, you could face serious charges.
At Olen Firm Criminal Defense Lawyers, we understand that a loaded firearm has to be carried safely. A concealed weapon or concealed firearm can be used for self-defense, but in a motor vehicle, does it need to be in a locked container using a combination lock or similar locking device? What if it is an unloaded handgun?
Learn more below. Then, reach out to our Los Angeles gun crimes lawyer for help with your case.
Understanding California's Gun Transport Laws
California wants to make sure guns are transported safely. The state doesn't want an exposed and unloaded handgun just lying around in cars.
For example, the law says you can't have a gun within easy reach while driving. The state doesn't want accidents or quick tempers turning into shootings. They also don't want stolen guns, so they ask that guns be stored safely. Olen Firm Criminal Defense Lawyers can explain these laws to you and help you follow them. If you want to carry a concealed handgun legally, we can help you navigate these laws and avoid a gun crime charge.
Legal Requirements for Carrying Firearms in Vehicles
If you have a gun in your car in California, there are restrictions you need to follow. The law is clear about what you should do, and some of the most important points to keep in mind include:
Locked Containers and Gun Transportation
You must keep guns in a locked container when you're driving. The trunk counts, but the glove compartment does not. The law wants to make sure the gun isn't easy to grab. This secure container rule helps prevent accidents or heat-of-the-moment decisions that could lead to tragedy.
The container must be something that locks with a key or combination. This means the gun isn't just hidden but secure. This way, if someone breaks into your car, they can't easily get your gun. Olen Firm Criminal Defense Lawyers wants everyone to know the details are important. If someone breaks into your car, they shouldn't also get easy access to your gun.
Ammunition Storage During Transit
You also have to keep your ammo separate from the gun. It's not enough to just have the gun locked away. The ammo needs to be in a different place and not connected to your firearm in any way. This is another step to prevent accidents or misuse.
If your gun is in the trunk, keep your ammo elsewhere. Maybe that's in a locked box in the backseat. This way, even if someone got to the gun, they couldn't use it right away. This is another important safety issue that everyone needs to follow.
The Importance of a Concealed Carry Permit
Having a Concealed Carry Permit (CCW) changes how the restrictions apply to you. If you have one, you can carry a hidden gun on you in public. But there are still rules for how to carry it in a car. For example, it doesn't mean you can publicly carry a weapon. Or, you could be charged under PC 26350.
With a CCW, you can have a loaded gun with you, but it has to be on you or in a locked container if you're not in the car. This is for safety when the gun isn't being carried directly. Reach out to our team to learn more about how to get a CCW and the privileges afforded to it.
The Risks of Improper Firearm Storage in Cars
There are a lot of practical risks created if you do not store guns safely. For example, the gun could go off accidentally. Someone could steal your gun if they break into your car, or you could make an emotional decision you later regret.
If you are found to have transported your weapon illegally, you could be charged under California PC 25400. A misdemeanor conviction under this statute could lead to a fine of up to $1,000 and up to one year in county jail.
California's Position on Loaded Weapons in Vehicles
In California, you generally are not allowed to drive with a loaded gun in your vehicle. A few key points to keep in mind include:
Defining a Loaded Weapon in California Law
California says a loaded weapon has bullets in it or attached to it. Even if the gun isn't ready to fire, it's still "loaded" if bullets are there. A gun with bullets in the same container is too close for California. The bullets have to be separate from the rest of the firearm. That way, even if you (or someone else) grab the gun, it's not ready to fire.
Penalties for Carrying a Loaded Gun in a Car
If you carry a loaded gun in your car, you could face steep penalties. As mentioned above, a misdemeanor conviction could lead to a year in jail and a $1,000 fine; however, certain factors could elevate these charges to a felony. If you are convicted of a felony, you could face a fine of up to $10,000 and multiple years in county jail. Reach out to us to learn more about how these charges could change.
Exceptions to the Loaded Gun Rule in Vehicles
There are a few exceptions to these rules. Some people, like police officers, can carry loaded guns in cars. There are special permits that could afford you these same rights, but they are few and far between. Our team can tell you more about them.
Open Carry Regulations and Vehicles
In California, you can't openly carry guns in most public places, and that includes in your car. You have to keep your gun out of sight. If someone can see your gun through your car window, that could be illegal. The law says it has to be hidden, usually in a locked container. If you are found guilty of carrying a gun openly in a public place, you could be charged under PC 26350. A conviction could lead to a fine of up to $1,000 and up to one year in county jail.
Steps to Take if Stopped by Law Enforcement with a Gun in Your Car
If the police stop you and you have a gun in your car, stay calm. There are steps to follow to keep the situation safe. A few key steps you need to follow include:
- Stay Calm and Respectful: When you see the police lights, pull over safely. Turn off your engine and put your hands on the wheel. This shows the officer you're not a threat.
- Inform the Officer: Tell the officer right away that you have a gun in the car. Do this calmly and clearly. This is important for protecting the police officer as the visit unfolds.
- Follow Instructions: Do exactly what the officer tells you to do. If they want to see your ID, tell them where it is before reaching for it.
- Avoid Sudden Movements: Move slowly and don't reach toward the area where the gun is. Tell the officer where the gun is, and make sure to ask permission before making any movements. The officer doesn't know what you're reaching for if you don't inform him or her ahead of time.
- Have Your Permit Ready: If you have a CCW permit, have it ready to show. This helps explain why you have a gun. Have any associated paperwork ready as well.
- Do Not Exit the Vehicle Unless Asked: Remain inside your car unless the officer asks you to get out. This is safer for everyone during the visit.
- Be Prepared to Secure the Firearm: The officer may ask to secure the gun. Let them handle it. Remember that you should never touch the gun during a police stop unless asked.
These steps can help you get through the stop safely, particularly if you have the right paperwork involved. They show the police you're following the law, can legally transport the firearm, and are respecting their safety. If you go the extra mile to protect the police officer during the stop, this could help you avoid stiffer consequences.
Contact Our Los Angeles Gun Crimes Lawyer at Olen Firm Criminal Defense Lawyers
If you're facing charges for carrying a gun in your car, Olen Firm Criminal Defense Lawyers can help. We know the laws and how to defend you against these charges. We work hard to protect your rights, and our goal is to get the best outcome for you.
Don't try to handle gun charges on your own. Even if you feel like the facts of the case are on your side, you need to show how the law is on your side as well. Olen Firm Criminal Defense Lawyers has the experience you need, and we're ready to help you today.
Contact us today to schedule a free case consultation. It would be our honor to defend you.
