Can You Legally Carry a Gun in Your Car in California?

Generally, yes, California law allows gun owners to carry firearms in their vehicles.

However, California’s gun transport laws have many limits. For example, the gun cannot be loaded. It cannot be easily accessible. Finally, only certain types of firearms can legally be carried.

This article explains California’s complex rules on the lawful transportation of guns, including which types of guns can be carried in a car, how they must be stored, and what it means for a gun to be “loaded.” It also explains how a Marin County criminal defense attorney can help with firearms charges. 

When Can You Legally Transport a Handgun in Your Car in California?

According to Section 25610 of the California Penal Code, it is legal to transport a handgun in your car as long as: 1) it is unloaded, and 2) it is kept in a locked container or in the trunk. 

Let’s break down some of the terms: 

• Handgun. California law defines a handgun as “a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel less than 16 inches in length.” In plain English, this means common pistols and revolvers, but not shotguns and other longer firearms. 

• Locked container. Penal Code § 16850 says, “A locked container is a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.” So, a typical gun safe would meet the standard. However, Section 16850 specifically says that the glove compartment or utility compartment of the car does not qualify as a locked container. So, locking your gun in your car’s glove compartment could cause legal trouble. 

• Unloaded. Under California law, a firearm is “loaded” when it contains “an unexpended cartridge or shell.” This includes bullets, cases, powder charges, and more. Note that a gun is loaded if the container holding the ammunition (e.g., the chamber, clip, or magazine) is attached to the firearm in any way.

• Trunk. Section 25610 says that it is legal to keep a firearm in your trunk. However, another statute regarding firearms in unattended cars says that a trunk is “the fully enclosed and locked main storage or luggage compartment of a vehicle that is not accessible from the passenger compartment. This law specifically says that the phrase 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.” So, while this is from another statute, owners of SUVs, crossovers, and other vehicles without locking trunks would be wise to place their firearms in locked containers. 

When Can You Legally Transport Non-Handgun Firearms in a Car in California?

It depends on the type of gun.

• Rifles and Shotguns. Rifles and shotguns are firearms that are longer than 16 inches and meant to be held on the shoulder while firing. When being transported in a car, these guns do not need to be placed in locked containers. However, they must be unloaded. 

• Registered Assault Weapons. California law applies special rules to assault weapons like AK-series rifles. These guns must be unloaded and placed in locked containers. Additionally, they can only be transported in cars while traveling between certain locations, such as between the owner’s home and a target range. 

• Short–Barreled Rifles, Short-Barreled Shotguns, and Machine Guns. Generally, these guns are illegal to own in California. As such, it is also illegal to transport them. 

Can I Be Charged for Carrying a Gun in My Car?

Yes. Under Subsection (a)(1) of Penal Code § 25400, it is illegal to carry a concealed pistol, revolver, or other firearm in your vehicle if that firearm is capable of being concealed. To get a conviction, the prosecutor must prove that: 

• You had, somewhere in your vehicle, a firearm capable of being concealed on your person;
• You knew that the firearm was in the vehicle;
• The firearm was substantially concealed within the vehicle; and
• The vehicle was under your control or direction. 

This is where the laws mentioned above come into play. Section 25610’s transportation rules say that, despite what Section 25400 says about carrying concealed weapons in vehicles, lawful owners can still legally transport their guns if the transportation requirements (unloaded + locked container/trunk) are met.  This matters because if you lawfully store the gun, you likely won’t be charged under Section 25400. 

However, if you fail to follow the requirements of Section 25610, you could be charged under Section 25400. The police might consider your gun concealed if you place it somewhere in your car, such as:  

• In the glove compartment 
• Under the seat 
• In the console
• In the door compartment or storage 
• In your purse, bookbag, or briefcase

Note that the gun does not necessarily need to be yours for you to face charges under Section 25400. The law says that the vehicle is under the defendant’s control, not the gun. So, if your friend puts a gun in the glove compartment of your car and you see them do it, you could be charged. However, if your friend has a gun in their bookbag (without placing it in a locked container) and you had no idea, you might be able to challenge the fact that you had knowledge of the gun. 

Frequently Asked Questions about Transporting Guns in California 

• Can I drive through a school zone with a gun in my car?

Maybe. California’s Gun-Free School Zone Act forbids guns within 1,000 feet of a K–12 school, including those in cars. However, the law has exceptions for guns that are properly stored as described above (e.g., unloaded + locked container/trunk).

• Can the police inspect my firearm during a traffic stop?

Yes. Generally, California law gives officers limited inspection authority in these circumstances. Refusing the inspection could give probable cause for arrest under the gun laws. 

• Can I bring a gun into California from another state?

Yes, but you must obey California law. 

• Can I transport a gun in a rental car or borrowed car?

Yes, but you will have to follow the same California transport rules listed above. 

Get Legal Help with Transporting Guns in California 

Being charged with carrying a concealed weapon in your vehicle is a serious matter. If you’re facing charges for illegal gun transport or other crimes in Marin County, contact Brownstein Law Group. We have years of experience helping clients fight firearms charges. Schedule a consultation today by calling 415-795-9059 or using our online contact form.