California Vehicle Transportation/Carry

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wayneinFL

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I haven't been to California in at about ten years, but last time I went there it was legal to have a revolver and a speedloader of ammunition in a lockbox inside the passenger compartment of a vehicle. No ammunition attached or in a magazine.

I am seeing on some sites that the way this is being enforced (or there's case law?) is that a handgun can only be in the vehicle if you are directly en route to a range or back. If they caught you in a Burger King drive through, for example, it's not a range trip.

Also, seeing that if you have a trunk, it has to be in the trunk.

Can anybody knowledgeable in California firearms law tell me if this is correct?

I have CCW permits from three states, but not CA, because they don't issue to non residents. Probably just as well off unarmed in Los Angeles.
 
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Disclaimer: I am not a lawyer, just a random layperson posting on THR.

When I go shooting at BLM areas, since my minivan does not have a locking trunk, handguns/rifles are put in MidwayUSA range bags and/or rifle range bags with padlocks through the zipper pull holes. Some of the magazines are loaded with ammunition and some are not but ALL of the magazines are "unloaded" from firearms and "locked" inside the range bags and placed furthest from me at the back of the minivan with third bench seat folded down or up along with other shooting gear/accessories (Table, stool, targets, cleaning kit, etc.) in compliance with below requirements.

From CA DOJ attorney general's website on "Transporting Firearms in California" - https://oag.ca.gov/firearms/travel
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HANDGUNS - Pursuant to California Penal Code section 25610, a United States citizen over 18 years of age who is not prohibited from firearm possession, and who resides or is temporarily in California, may transport by motor vehicle any handgun provided it is unloaded and locked in the vehicle’s trunk or in a locked container. Furthermore, the handgun must be carried directly to or from any motor vehicle for any lawful purpose and, while being carried must be contained within a locked container.​
​
Pursuant to California Penal Code section 16850, the term "locked container" means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment.​
​
SHOTGUNS AND RIFLE - Nonconcealable firearms (shotguns and rifles) are not generally covered within the provisions of California Penal Code section 25400 and therefore are not required to be transported in a locked container. However, as with any firearm, nonconcealable firearms must be unloaded while they are being transported.​
 
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LiveLife said:
Disclaimer: I am not a lawyer, just a random layperson posting on THR.

When I go shooting at BLM areas, since my minivan does not have a locking trunk, handguns/rifles are put in MidwayUSA range bags and/or rifle range bags with padlocks through the zipper pull holes. Some of the magazines are loaded with ammunition and some are not but ALL of the magazines are "unloaded" from firearms and "locked" inside the range bags and placed furthest from me at the back of the minivan with third bench seat folded down or up along with other shooting gear/accessories (Table, stool, targets, cleaning kit, etc.) in compliance with below requirements.

From CA DOJ attorney general's website on "Transporting Firearms in California" - https://oag.ca.gov/firearms/travel
​
HANDGUNS - Pursuant to California Penal Code section 25610, a United States citizen over 18 years of age who is not prohibited from firearm possession, and who resides or is temporarily in California, may transport by motor vehicle any handgun provided it is unloaded and locked in the vehicle’s trunk or in a locked container. Furthermore, the handgun must be carried directly to or from any motor vehicle for any lawful purpose and, while being carried must be contained within a locked container.​
​
Pursuant to California Penal Code section 16850, the term "locked container" means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment.​
​
SHOTGUNS AND RIFLE - Nonconcealable firearms (shotguns and rifles) are not generally covered within the provisions of California Penal Code section 25400 and therefore are not required to be transported in a locked container. However, as with any firearm, nonconcealable firearms must be unloaded while they are being transported.​
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Thanks. That's consistent with what I read in the penal code. The stuff about having to be on the way to and from a range, and about having to be in the trunk of the vehicle had a trunk seems to have been written with an abundance of caution.
 
I'm in California, and go through periodic CCW training here - most of which is concentrated on legal issues. @LiveLife steered you right. "Only on the way to the range" and "If you have a trunk, it has to be in the trunk" are both brand new to me. Basically stated, the gun has to be unloaded, and it has to be in a locked case OR in the trunk. The only real catch is that the glove box doesn't count as a "locked container". Otherwise, you are GTG.
 
.38 Special said:
the gun has to be unloaded, and it has to be in a locked case OR in the trunk. The only real catch is that the glove box doesn't count as a "locked container". Otherwise, you are GTG.
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Agree.

wayneinFL said:
stuff about having to be on the way to and from a range, and about having to be in the trunk
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My understanding of CA "Transporting Firearms" law is that destination doesn't have to be shooting range rather "... for any lawful purpose" so that could mean many things.

As to locked in the trunk, it is one of transportation options so even if you have a locking trunk, you can choose to "lock" your handguns in "lockable" gun case/container/bag to transport inside the car (Perhaps trunk is full, etc.).

And long guns (shotguns/rifle) "... are not required to be transported in a locked container", just "unloaded".
 
Don't forget also there is a federal requirement to carry firearms (handguns AND long guns) unloaded and in a "locked container" (whatever that means) or on a locked firearms rack if within 1000 feet of a school zone. See 18 U.S.C. § 922(q)(2)(A)

In many parts of the country it is virtually impossible to travel from point A to point B without passing within 1000 feet of a school zone. Note also, that having the gun in the vehicle's trunk does NOT seem to qualify for an exemption under the federal law.

Tim
 
Thank you for the info. I read the penal code and am curious as to what the term "temporarily in California" means. I will be driving to California for a family event and will be staying at a relative's home for a few nights while there. While driving, I keep my handgun in a locked box with a seperate locked box for ammo in the trunk. They would be brought into the home while I am there. And yes I know, I should consult a lawyer, but interested in any actual experience. Thanks again.
 
When I drive through California, I put my handgun, unloaded but with a loaded magazine, in a hard plastic gun case with a padlock. The key is on the console. If I have to leave the vehicle, I will lock the case to the car with the padlock. It's a hassle but one gets used to it. Also, only 10 round mags or less. When you get to your hotel or wherever, you can carry the gun inside and load up if desired.
 
Bennj said:
curious as to what the term "temporarily in California" means. I will be driving to California for a family event and will be staying at a relative's home for a few nights

I know, I should consult a lawyer
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Usually, residency in CA is established by physically being in the state more than a year with intent to reside (Getting CA driver's license, registering vehicles, bank account, work, social contacts, etc.) to pay CA state income tax (There are people working for Google who live in RVs/vans). If you do not meet residency requirement, then you are temporary resident or visitor to CA.

Here's explanation of CA gun laws by one lawyer - https://gunlaw.com/transporting-guns

Temporary residence is traveling in RV and parked in campsites or traveling through from other states.
 
Bennj said:
While driving, I keep my handgun in a locked box with a seperate locked box for ammo in the trunk. They would be brought into the home while I am there. And yes I know, I should consult a lawyer, but interested in any actual experience. Thanks again.
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Outside of extraordinary circumstances (don't take your Uzi to LAX, locked container or not) your plan will be fine. I pretty much always have an unloaded revolver in my trunk, with speedloaders and boxes of ammunition stored separately, but not locked up, and have not had the slightest trouble in the decades I've been doing it - it meets both the letter and the spirit of the law.

If you do happen to get pulled over, there is a very good chance that the cop will ask either if you have any weapons on you - "No sir." - or if you have any weapons in your car - "Yes sir, one unloaded revolver in a locked container." - which will likely be the end of that, unless you've just knocked off a liquor store or something. It would take extremely bad luck to run into a cop who wants to hassle you about such things...
 
If you're from out of state, chances are the CHP will ask if you have any firearms. If you get stopped for speeding or anything else.

You can have ammo and loaded mag(s), in the same locked container as the firearm(s). Just don't keep a loaded mag in the firearm.

Be sure your mags are 10 round or less, also no threaded barrels.
 
.38 Special said:
It would take extremely bad luck to run into a cop who wants to hassle you about such things...
Click to expand...

But that's the catch. If you've been pulled over you don't know if you're facing a gun-hating cop. If he asks you if you have a gun in your car and you say "yes", he is within his rights to demand to inspect it "to see if it's unloaded". If you lie and say "no" and he finds out about it somehow anyway, he can declare that he has probable cause to search your car--or otherwise complicate your life.

It's a crying shame that it has to be this way, since most shooters (I believe) support the police and are strong law-and-order types of people. But in CA a shooter transporting a gun must be cautious around the police. Another problem is that California gun law is so complicated that some cops don't fully understand it. So it's possible to be arrested by a well-meaning cop even when you are completely legal.

Tim
 
wayneinFL said:
I am seeing on some sites that the way this is being enforced (or there's case law?) is that a handgun can only be in the vehicle if you are directly en route to a range or back. If they caught you in a Burger King drive through, for example, it's not a range trip.
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Other members have given you good advice about transporting handguns in a vehicle. It really isn't that complicated, unless readers want to make it such...much like the folks who wrote the above.

"Directly to the range and back" is either a misunderstanding of the section about transporting the gun directly to the range from your vehicle and back...meaning don't carry it around while shopping or browsing on the way to and from your vehicle....or they are confusing it with a law from another state or one that was introduced but never signed into law

While you can have rounds in a magazine and the magazine in the same locked container as the gun, it avoids any misunderstanding if they are in separate containers...for folks who don't really understand the meaning of Loaded.

Having your handgun in the trunk is having it in a locked container...until you open the trunk to transport it into your dwelling or the range. It is easier to have it in a locked container which you can just pick up and carry with you

If you are in a vehicle which doesn't have a trunk, you can legally transport with the gun in a locked container as long as it isn't your glove box (either locked or not). I'd suggest not having it in your immediate control t, while driving, to avoid any misunderstandings if you happen to be stopped.

Don't lie to a LEO if stopped, but don't give them permission to search your vehicle. If they have PC, they don't need permission...if they don't, they'll need a warrant to conduct a legal search
 
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LiveLife said:
Furthermore, the handgun must be carried directly to or from any motor vehicle for any lawful purpose and, while being carried must be contained within a locked container
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a crucial point of the law here, as i read it, hinges on removing the handgun from the vehicle, not the journey of the vehicle with the handgun. a properly secured handgun, once properly stowed and secured in a motor vehicle by a lawful person, can ride along inside the motor vehicle during a journey with stops and detours between places where one can lawfully carry it. i suggest that it might add to your credibility as an armed lawabiding visitor to have a ccw permit from your home state, even if constitutional carry applies back home.

all of this is different from federal law governing interstate transportation of firearms, which generally prohibits detours away from a direct and continuous journey when transiting through a gun-restricted jurisdiction.

so after shooting outdoors in california go ahead and treat yourself to, say, a delicious in n out cheeseburger on your way home (where you bring your secured handgun indoors) as long as your handgun remains properly secured inside your car or suv while eating if you don’t have a california ccw permit. that said i am not a california resident or attorney, just an occasional lawabiding visitor who has flown and driven (not exceeding the speed limits, all lights in proper working order) into california with a lawfully secured handgun, without issue.

 
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WayneinFL,
I hope you don't think I have hijacked your OP but you asked a very pertinent question since I'll be driving to CA soon (just got back from a trip to the beautiful state of FL). I also have three ccws, one being my home state.

To the responding members,
Thanks for your valuable insights.
 
W.E.G. said:
What does “very good chance” mean?

Are you suggesting that California cops routinely ask motorists stopped for 11 mph over the speed limit whether they have any weapons in the car?
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In the handful of times I've been pulled over in CA, I've never been asked.

Including the time I had AZ plates and was told I was clocked at 92 in a 70 approaching the 10 from a loooonely desert road.

I told him I thought I was going 80ish. He wrote the ticket 80 or 85 which was nice to avoid a bigger fjne.
 
danez71 said:
In the handful of times I've been pulled over in CA, I've never been asked.

Including the time I had AZ plates and was told I was clocked at 92 in a 70 approaching the 10 from a loooonely desert road.

I told him I thought I was going 80ish. He wrote the ticket 80 or 85 which was nice to avoid a bigger fjne.
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If you're actually getting pulled over for speeding, usually you're just getting pulled over for speeding.

The traffic stops that worry me are the ones where the officer is telling you your tag light is dim, or you're swerving within your lane. That means there’s something about your car, or where you are, or the time of night that's aroused his suspicion. Those are the kinds of stops where the cops start asking a bunch of stupid questions and shining their flashlights all over the inside of your car trying to establish probable cause.
 
I have some friends that I ought to visit in California. So what guns that you own would you bring on a road trip to California?

I'd want a pistol and rifle and would probably bring my Glock 43X with 10rd mags. I'd have to debate what rifle I would bring.

Of what I currently own, my 308 Savage Scout Rifle or 308 Savage Hog Hunter would be in the running. While I have a Mini-14 I would have to remove the flash hider and buy 10rd mags. My Winchester 94 30-30 would also be in the running. I'd rather have the longer range capability of a 308 though.
 
Bennj said:
WayneinFL,
I hope you don't think I have hijacked your OP but you asked a very pertinent question since I'll be driving to CA soon (just got back from a trip to the beautiful state of FL). I also have three ccws, one being my home state.

To the responding members,
Thanks for your valuable insights.
Click to expand...
You asked a good question.

I'll be staying in a hotel and I would assume that a hotel (or your family's home) would be a temporary residence.
 
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