What Happens If Police Find a Gun in My Car During a Traffic Stop in California?

California law allows gun owners to transport their firearms. However, they must follow specific safety rules to protect themselves and the public. If you’re stopped by the police with a firearm in your vehicle, what happens next will depend on whether you’ve followed those rules to the letter or broken them in some way. 

This article answers several important questions for California gun owners, including whether it is legal to transport a gun in your car and when the police might search your vehicle. It also explains how a Marin County criminal defense attorney can help with gun charges.

Is it Legal to Have a Gun in Your Car in California? 

Generally, yes. However, California laws about transporting firearms in vehicles are very specific and depend heavily on the type of gun and how and where it is stored within the car. 

Section 25610 makes it legal to transport a handgun in a vehicle. However:  

• The gun must be unloaded. This means that no bullets or other ammo can be in the gun. Also, any loaded clip or magazine must be detached. 

• The gun must be properly stored. In California, this means that it must be placed in a “locked container” or the trunk of the car. 

• Under California law, a trunk is a “fully enclosed and locked main storage or luggage compartment of a vehicle that is not accessible from the passenger compartment.” So, vehicles without traditional closable trunks (e.g., hatchbacks, station wagons, and sport utility vehicles) generally won’t fit the bill. 

• California law defines a locked container as “a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.” Most mobile gun safes meet this standard, but your car’s glove compartment or console likely doesn’t. 

Note that these are the rules for handguns. More specific rules apply to rifles, shotguns, assault weapons, and other firearms. 

When Can Police Search Your Car for a Gun?

To search your car, the police need either a warrant or an exception to the warrant requirement. 

If the police have a warrant, you should call your Marin County defense attorney immediately. They can help you determine the validity of the warrant. 

More often, though, the police will use an exception to the warrant requirement. Common exceptions used to search cars include: 

• Consent. Rather than getting a warrant, police will often ask a driver for their permission to search. Note that it is your constitutional right to refuse this request. But if you agree, the police can search your vehicle. 

• Search incident to arrest. If the police arrest you, the U.S. Supreme Court has said that they have the right to search the passenger compartment of your vehicle under certain limited circumstances. 

• Vehicle searches. The U.S. Supreme Court has said that the Fourth Amendment provides fewer rights for cars because they are driven and parked in places where anyone can see. As such, police can search a vehicle if there is probable cause to believe that evidence of a crime might be found there. 

• Inventory searches. If your car is towed by law enforcement after an arrest or for any other reason, the police will take an inventory of everything that is in the car at the time. 

• Plain view. This rule says that an officer who is legally in a location can seize objects that are obviously illegal. So, if an officer legally pulls you over for a broken taillight and then sees an improperly stored gun in your passenger seat, you could be charged. 

What Happens When Police Find a Gun During a Traffic Stop? 

It depends on whether the gun is properly stored under California law. If the gun is in a locked container or trunk, it’s unlikely that the police will act. However, if the police find an unstored gun, they will likely take steps to secure evidence and protect themselves. In addition, they will likely search the gun’s serial number and ownership history. They’ll also run your criminal history to look for any blocks to gun ownership, such as a domestic violence conviction. 

Can I Be Charged with a Gun Crime if the Gun Belongs to Someone Else? 

Under California law, prosecutors must prove both possession and knowledge. So, the answer depends on what you knew. 

Assume that you gave a coworker a ride home. Unbeknownst to you, they leave a bookbag containing a gun in your backseat. If you’re stopped by the police on your way home, a Marin County defense attorney can argue that you had no knowledge of the gun.

Now assume that you gave your coworker permission to put their gun in your glove compartment. You both forget the gun, and later you agree to return it. Rather than putting it in the trunk, you leave it in the glove compartment. If you’re pulled over, the fact that you didn’t own the gun isn’t the issue. It’s the fact that you knew about the gun and didn’t comply with California’s gun transport laws.

Frequently Asked Questions About Gun Transport Laws in California

1. If I wasn’t arrested or charged at the scene, can charges be filed later? 

Yes. The choice to let you go does not prevent the prosecutor from filing charges.

2. Can the police search my cell phone after finding a gun in my car?

Generally, no. The rules on phone searches typically require a warrant or an exception. In most cases, it’s unlikely that a loose gun will lead to probable cause for a full phone search. 

3. Can police keep the gun if prosecutors never file charges?

Generally, no. If the prosecutor doesn’t file charges, you’ll get an official Evidence Release Memo. You can use this to get your property back. 

4. Can police seize other firearms I own after an arrest?

Typically, no. The police need a separate justification supported by probable cause to seize guns outside the vehicle. 

How Can a Marin County Defense Attorney Help After a Traffic-Stop Gun Arrest?

Firearms charges can affect your gun ownership rights and much more. But a Marin County defense attorney can help. A lawyer can investigate your case, file motions to suppress evidence, and otherwise help you dispute the prosecutor’s case. 

If you’ve been charged with a firearms violation in Marin County and need legal representation, contact Brownstein Law Group. We’ll leave no stone unturned as we fight for the best possible outcome for you. To learn more about what we can do, schedule a consultation by calling 415-795-9059 or using our online contact form.