Month: June 2020

When transporting a handgun in a vehicle, California law requires the firearm to be secured, unloaded, in a “locked container.” But what does that mean in practice? At the time of this writing, we are seeing daily videos of shocking acts of violence against random drivers by mobs around the country. Just up the coast from San Diego, in Santa Monica, a June 2020 cell phone video documented a mob pulling random drivers (including an elderly man) from their cars and beating them. For those without CCW permits, there have been many questions from the public regarding legal transportation of handguns while in their cars.

To answer this question, we need to look at both CA state and ATF federal laws.

Federal Law:

What qualifies as a secure gun storage or safety device? (ATF Website)

CA State Law:

Transporting a gun in California (CA DOJ Website)

1. Under California law a concealed handgun can legally be transported with a motor vehicle without a permit only by carrying it:

1. • Unloaded
   • Locked in the vehicle’s trunk or in a separate locked container other than the utility or glove compartment
   • If the vehicle does not have a trunk, it must be carried in a “locked container” separate from the utility or glove compartment.
2. Penal Code Section 12026.1 defines “locked container” as a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. Locked container does not include the glove compartment or utility compartment.
3. Ammunition cannot be attached to the handgun in any manner. Under most circumstances, a firearm is considered loaded when there is a live round of ammunition “…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…” For example, a semi-automatic handgun with an empty firing chamber and a loaded magazine inserted in the magazine well is considered loaded. There is no prohibition in the state codes against also carrying ammunition within the same motor vehicle or compartment in the vehicle, as long as the firearms are not loaded and ammunition is not attached in any manner to the firearm. – Penal Code Sections 12025, 12026, 12031.
4. “Utility compartment” is not defined in the Penal Code. A handgun should not be transported in the center console (even if locked) or in the storage area present behind the rear seat in most hatchback type automobiles. Because of the uncertainty in current California law, it is inadvisable to use the various storage compartments found in sport utility vehicles.
5. While it is legal in California to carry an unloaded handgun in plain sight in the passenger compartment, it is not advised. It can lead to unfavorable attention and an encounter with the police. If the gun slips between the seats or otherwise out of sight, it is no longer “in plain sight” and therefore illegal.
6. Penal Code Section 12026.2 states that carrying a handgun in your car even in a locked container is only for the purpose of transporting from one specific location to another (going to the range, going hunting, etc.). It is illegal to carry a firearm without a permit, even in a locked container in your car, for general purposes such as self-defense.
7. These requirements for handguns also apply to the transportation of “assault weapons” and .50 BMG rifles.
8. When driving a motor home, it is treated as a motor vehicle and all requirements listed above apply.

One important takeaway from these laws is that a “locked container” is not strictly defined other than its attributes. While we are not attorneys and therefore not qualified to offer legal advice, we can say that on the face of it, the Penal Code does not rule out soft sided cases. It does however rule out carrying a locked firearm around without a specific destination; it cannot be transported continuously for the purposes of self defense per PC 12026.2. So, if you are carrying it to and from home and work, to and from the range, gunsmith, or any other location where it is legal to possess and carry the firearm, it is acceptable under the code. On the other hand, it would be hard to rationalize transporting a locked firearm to and from the grocery store. See PC 25505-25655 for a list of the specific exempted activities and destinations.