Vehicles (2024)

​Vehicles

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]

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]

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.

​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.

​Carrying on public lands in 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.

​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

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.

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?

​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)

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]

​Most Likely Scenarios