California Traveling: Can I have a pistol in the car?

[Dave R]

Taking a road trip to CA. Those who know CA gun laws--can I transport a pistol in my car?

If its locked and unloaded?

If its disassembled and locked in the trunk?

Or should I just leave it at home and be a sheeple?

[Adrian]

I am not a lawyer and this is worth exactly what you paid for it: it's OK to keep it, "unloaded", in a locked container. I scare-quote "unloaded" because a loaded magazine in the container makes the gun "loaded" under California law. The trunk is considered "a locked container", but the glovebox is explicitly not (even if it's locked).

I remember something about being able to keep loaded magazines separate from the gun-in-a-locked-container (e.g. in another locked container, or on your person), but one of the other Californians here will have to deliver the specifics.

[Big Caliber]

It's my understanding that you can transport a pistol in your car IF it is UNLOADED and kept in a locked container that is "not the glove compartment". Ammo should be kept in a separate container. You can lock it in your trunk if it's unloaded. In this state the laws are subject to whatever mood the local leo is in at the time. The only reasons to have a gun of any kind in your car here is: 1 you are going to or from the range, 2 you are going to or from the gunsmith, 3 you are going to or from the hunting grounds. That's it! If you tell the cop , "It's for self defense.", your stay in Cali will be a whole lot longer and more unpleasant than you can possibly imagine. No brag, just fact.

[fyimo]

Then I'd take a hammer or legal knife because it's faster and easier to get to.

[javabum]

Big Caliber is correct,you can have a gun in your car as long as it is stored unloaded in the trunk of your car in a lock box.And the ammo kept separate
in its own box.If you are stopped notify the officer you have a locked weapon
in a storage box.
The police are not as bad as Big Caliber makes them out to be.but the Highway
patrol on the other hand are a different story.Any way you will be ok as long as you store and lock before you head out.

[1shot2kills]

yup it really doesnt even have to be in a locked container for california law. im a born and raised californian long as the ammo and the gun are in different locations in the vehicle aka gun in the opposite end of the vehicle of the guns. used to take my buddies whole gun collection ( weighed down the back of the van) and ammo for every single one of them in the same vehicle to go to the range the cops never saw a problem with that. and the range was a good forty miles from his house as long as they are kept seperate you should be fine locked helps too but don't be too awful paranoid i miss california cops i really do hell i miss california for that matter it might be different since schwartznegger took office but thats just him hes a lame ass governor just my .02

[Big Caliber]

Oh, but it DOES have to be in a LOCKED container, especially if you have it where the driver or passenger can reach it. As for the cops, I was told by a leo, (Glendale PD) a few years ago that carrying a non concealed handgun may or may not be a felony depending on the circumstances. But if they were to see a "bowie type" knife in a sheath in the car, that IS a felony, go figure. And carrying a hammer by itself may be construed as a "billy" which is also a big fat no-no. Don't volunteer any info to a leo, but don't lie to him (her) if they ask. Don't get me wrong, I love this, my home state. But some of these laws are just hair-brained idiocy and some of the agents of the law can be really incapable of independent thought. Particularly the CHP! And with all of that, welcome to California. Enjoy your stay.

[armsmaster270]

12025. (a) A person is guilty of carrying a concealed firearm when he or she does any of the following:
(1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.
(3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.
(b) Carrying a concealed firearm in violation of this section is punishable, as follows:
(1) Where the person previously has been convicted of any felony, or of any crime made punishable by this chapter, as a felony.
(2) Where the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony.
(3) Where the person 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), as a felony.
(4) Where the person is not in lawful possession of the firearm, as defined in this section, or the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony.
(5) Where the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.
(6) By imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment if both of the following conditions are met:
(A) Both the pistol, revolver, or other firearm capable of being concealed upon the person and the unexpended ammunition capable of being discharged from that firearm are either in the immediate possession of the person or readily accessible to that person, or the pistol, revolver, or other firearm capable of being concealed upon the person is loaded as defined in subdivision (g) of Section 12031.
(B) The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106, as the registered owner of that pistol, revolver, or other firearm capable of being concealed upon the person.
(7) In all cases other than those specified in paragraphs (1) to (6) inclusive, by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.
(c) A peace officer may arrest a person for a violation of paragraph (6) of subdivision (b) if the peace officer has probable cause to believe that the person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of the pistol, revolver, or other firearm capable of being concealed upon the person, and one or more of the conditions in subparagraph (A) of paragraph (6) of subdivision (b) is met.
(d)(1) Every person convicted under this section who previously has been convicted of a misdemeanor offense enumerated in Section 12001.6 shall be punished by imprisonment in a county jail for at least three months and not exceeding six months, or, if granted probation, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for at least three months.
(2) Every person convicted under this section who has previously been convicted of any felony, or of any crime made punishable by this chapter, if probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(e) The court shall apply the three-month minimum sentence as specified in subdivision (d), except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in subdivision (d) or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivision (d), in which case, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
(f) Firearms carried openly in belt holsters are not concealed within the meaning of this section.
(g) For purposes of this section, "lawful possession of the firearm" means that the person who has possession or custody of the firearm either lawfully owns the firearm or has the permission of the lawful owner or a person who otherwise has apparent authority to possess or have custody of the firearm. A person who takes a firearm without the permission of the lawful owner or without the permission of a person who has lawful custody of the firearm does not have lawful possession of the firearm.
(h)(1) The district attorney of each county shall submit annually a report on or before June 30, to the Attorney General consisting of profiles by race, age, gender, and ethnicity of any person charged with a felony or a misdemeanor under this section and any other offense charged in the same complaint, indictment, or information.
(2) The Attorney General shall submit annually, a report on or before December 31, to the Legislature compiling all of the reports submitted pursuant to paragraph (1).
(3) This subdivision shall remain operative until January 1, 2005, and as of that date shall be repealed.
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12025.5. (a) A violation of Section 12025 is justifiable when a person who possesses a firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety. This section may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person's life or safety. It is not the intent of the Legislature to limit, restrict, or narrow the application of current statutory or judicial authority to apply this or other justifications to defendants charged with violating Section 12025 or of committing other similar offenses.
(b) Upon trial for violating Section 12025, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger.
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12026. (a) Section 12025 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident any pistol, revolver, or other firearm capable of being concealed upon the person.
(b) No permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, to purchase, own, possess, keep, or carry, either openly or concealed, a pistol, revolver, or other firearm capable of being concealed upon the person within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.
(c) Nothing in this section shall be construed as affecting the application of Section 12031.
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12026.1. (a) Section 12025 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 within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, 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 other than the utility or glove compartment.
(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 this chapter.
(c) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.

[MacGille]

Whether or not you choose to have a gun in your vehicle is your choice alone. I don't recommend it unless you have a use for it. That being said, Don't volunteer anything to a cop. They DO NOT have a right to search your vehicle unless you are under arrest. Even then they cannot search any part of the car that is not in plain view. If they ask you if you have a weapon you have the right to remain silent. DO IT! Then if they search the car and find a gun or any contraband it will not be allowed as evidence. We have the right to protection from unreasonable search and seizure. A judge has to sign a warrant based on the Officers declaration that there is reasonable grounds to believe that you have committed a felony. And he has to specify the grounds. Insisting on your rights is not grounds to believe you have committed a felony. Neither is a broken taillight or speeding. If they ask to search your car say no! Then say nothing else. Tell them to either write the ticket or release you. That is your right. If they arrest you say nothing except"I want a lawyer."

Remember when you are accosted by a police Officer, he is not there to be your friend. Be polite, just insist on your rights.

[javabum]

I absolutely disagree with you MacGille.....A peace officer may search a vehicle if he has probable cause....And that probable cause could be any number of things.A judge does not have to give permission to search as you say he does.And....Offering up that you have a "locked" weapon in your car can do no harm.And you do not have to remain silent if asked if you have a gun in the car.By staying silent gives him cause to search for his safety and yours.

I think you are giving bad advice...And you "absolutely" have a right to have a gun in your car as long as it is locked in a lock box or any other means of locking it it up.

[maestro pistolero]

By staying silent gives him cause to search for his safety and yours.

Absolutely false. It is well settled case law that one's unwillingness to incriminate him or herself, or to remain silent is in and of itself, neither probable cause nor reasonable suspicion of anything.

[Stiofan]

Thirty three years of driving in California with guns while on my way to hunt, camp, shoot or whatever and I never had a problem. Just make sure the gun and ammo are separate, and the gun is in a locked container. If you are in a SUV type vehicle without a trunk, put it in a gun case with lock, doesn't even have to be a hard sided one, and make sure it's out of reach of the driver's seat. Put it in your suitcase, lock it there and stick it in the back. It's not that big a deal.

Some of you go overboard in your fear of the police.

[JStetson]

Whatever you do, if you are pulled over, be honest with the cops and tell them upfront if they ask. You'll be much better off.

[EOD Guy]

Originally Posted by Adrian

I am not a lawyer and this is worth exactly what you paid for it: it's OK to keep it, "unloaded", in a locked container. I scare-quote "unloaded" because a loaded magazine in the container makes the gun "loaded" under California law.

Absolutely false! There is no such provision in California law. A loaded magazine, not inserted in the magazine well, has no bearing on whether the handgun is loaded. The only time possession of a loaded magazine is illegal is if you are participating in criminal street gang activity or during the commisssion of a felony.

Answering the original question, you cannot have a handgun in your vehicle unless you are going to or from certain specified activities, such as a shooting range. You can't keep a handgun in your vehicle on a daily basis, locked and unloaded or not.

[steveno]

just curious has to how a person would transport a handgun in a truck in kalifornia? obviously there ain't a lockable trunk & the glove compartment or console (even if was big enough to hold a gun) isn't lockable or legal. that basically leaves behind the seat which would be the same place for the ammo. I'm damn glad I don't have a desire to live in or go to this state ever.

[EOD Guy]

Originally Posted by steveno

just curious has to how a person would transport a handgun in a truck in kalifornia? obviously there ain't a lockable trunk & the glove compartment or console (even if was big enough to hold a gun) isn't lockable or legal. that basically leaves behind the seat which would be the same place for the ammo. I'm damn glad I don't have a desire to live in or go to this state ever.

It's simple. You place the handgn in a locked case, even a soft case. The ammo can go anywhere, even in the case if you want. The ammunition does not have to be in a locked container.

[mapsjanhere]

You can buy a little lockbox "safe" at walmart for $20. Mount it under the seat, between the seats, under the dash, anywhere your truck has room.

[Adrian]

Originally Posted by EOD Guy

Absolutely false! There is no such provision in California law. A loaded magazine, not inserted in the magazine well, has no bearing on whether the handgun is loaded. The only time possession of a loaded magazine is illegal is if you are participating in criminal street gang activity or during the commisssion of a felony.

I just went back to check PC12031, and you're right. An empty chamber is still "loaded" if the magazine is attached, but an unattached magazine in the container is legal (though most ranges don't like it). Sorry for the misremembering.

[marke]

Look as hard as you like - you will not be able to find a law prohibiting the transportation of an unloaded and unconcealed firearm in a vehicle in california. Penal code Section 12025 only applies to concealed firearms. Penal Section 12031 only applies to loaded firearms. If it is not concealed and is unloaded, it does not need to be in a locked container.

[EOD Guy]

Originally Posted by marke

Look as hard as you like - you will not be able to find a law prohibiting the transportation of an unloaded and unconcealed firearm in a vehicle in california. Penal code Section 12025 only applies to concealed firearms. Penal Section 12031 only applies to loaded firearms. If it is not concealed and is unloaded, it does not need to be in a locked container.

Unless you are traveling through a school zone. With few exceptions, all firearms must be in locked containers and unloaded. See the Federal Gun Free Schools Act.

[dlb435]

You can't even smoke in your own car in California. I think the loaded pistol is out of the question. Move to an other state.

[EOD Guy]

Originally Posted by dlb435

You can't even smoke in your own car in California.

First I've heard about that.

[woodguru]

That's just him, his wife won't let him smoke in the car.

[dlb435]

I was there a couple of years ago when the bill passed. It is illegal to smoke in your own car California if there is anyone under 18 or a non smoker in the car.
PS...my wife smokes too.

[USAFNoDak]

What about the Firearm's Owner Protection Act of 86. Didn't that federal law have some protection for gun owners who wish to travel from state to state with firearms in their vehicles. I believe as long as the firearm is unloaded, not within immediate reach of the driver, and is in a case which can be fully enclosed (buttoned, zipped, locked, etc.), one should be covered. Of course, that doesn't mean they won't arrest you under their own state laws, and you'd have to pay mucho bucks for a lawyer to argue for the protection of the FOPA86. It could be a crap shoot. It sucks that we have laws which are supposed to protect us, but government just ignores them if it suits their purpose.