A simple traffic stop can get complicated quickly if police find a loaded gun your car.

In California, it is sometimes illegal to carry a loaded firearm on one’s person or in a vehicle while:

In any public place, or
On any public street in an incorporated city, or
In a prohibited area of unincorporated territory.

What exactly does this mean? California’s gun laws are notoriously complex, so we’ll break down the details below.

However, illegally carrying a loaded gun in your car is normally a misdemeanor punishable by up to a year in county jail and fines of up to $1,000, and those penalties can escalate depending on the defendant’s criminal history and the facts of the case.

If you or someone you know has been accused of having a loaded firearm in their vehicle, it’s best to speak with a skilled California defense attorney as soon as possible.

With more than 40 years experience, the Helfend Law Group is here to help. Call us at 800-834-6434 to schedule your free consultation.

Call Today – 800-834-6434

How does California law treat loaded firearms in motor vehicles?

Carrying a loaded firearm in a vehicle is primarily governed by California Penal Code § 25850.

California PC § 25850, covers two crimes: (1) the illegal transportation of a loaded firearm in a motor vehicle, and (2) illegally carrying a concealed weapon on your person.

In order to convict someone of a violation of PC § 25850, a prosecutor will have to prove four things. These four things known as the “elements of the crime.”

The defendant was carrying a firearm. This can be true if the defendant carried a firearm either on their person, or inside a vehicle.
The firearm was loaded. State law defines “loaded” as:
- An unexpended cartridge or shell in the firing chamber, or
- An unexpended cartridge or shell in a magazine or clip attached to the firearm.
This took place in a public place or prohibited area. Here’s how California state law defines these areas:
- A public place refers to any location that is open to the general public. It includes areas where individuals are generally free to come and go without restriction, such as parks, sidewalks, shopping malls and public transportation.
- A public street in an incorporated city refers to streets, roads or highways within city boundaries that are accessible to the public. An incorporated city is an officially established municipality with its own local government and city ordinances (e.g., Los Angeles, San Francisco, San Diego).
- An unincorporated territory refers to areas that are not part of an incorporated city and do not have their own municipal government. A “prohibited area” in unincorporated territory includes locations where the discharge of firearms is prohibited by law, such as residential neighborhoods, campgrounds and wildlife areas.
Knowledge of the gun. Finally, the defendant had to know they had a firearm in their possession. However, it is not required that the defendant knew the firearm was loaded.

Exceptions to California’s concealed weapons laws

The above restrictions don’t apply to you fall into any of the following categories:

Peace officers (active or honorably retired) – Peace officers are permitted to carry concealed weapons in most situations as part of their official duties or under specific exemptions granted after honorable retirement.
Federal law enforcement agents – Agents such as FBI, ATF or DEA personnel are authorized to carry concealed firearms under federal law and are typically exempt from state restrictions.
Members of the U.S. military – Active-duty military personnel may carry concealed firearms when acting within the scope of their official duties, such as during training exercises or while on duty.
Individuals with a valid concealed carry permit (CCW) – Civilians who have obtained a concealed carry permit through their local law enforcement agency are legally allowed to carry concealed weapons, provided they comply with the terms and conditions of their permit.

These exceptions as we’ve outlined are very broad, so if you have a specific situation you have a question about, it’s a good idea to speak with a qualified attorney.

Penalties for transporting a loaded gun in your car in California

Transporting a loaded firearm in your vehicle is usually a misdemeanor, punishable by up to one year in county jail and/or a fine of up to $1,000.

However, certain aggravating factors can elevate the offense to a felony, including:

Prior felony convictions.
Knowledge that the firearm is stolen.
Active participation in a criminal street gang.
Being prohibited by law from possessing firearms.
Not being the registered owner of the firearm.

As a felony, transporting a loaded firearm can carry penalties of:

16 months, 2 years, or 3 years in a California state prison, and/or
Fines of up to $10,000.

How can you transport firearms legally in California?

California law permits the transportation of firearms under specific conditions:

Handguns – Must be unloaded and stored in a locked container or the vehicle’s trunk. The locked container must be fully enclosed and secured with a padlock, key lock, combination lock or similar locking device. Glove compartments and utility compartments, even if locked, are not considered valid storage locations.
Rifles and Shotguns (long guns) – Generally, these firearms must be unloaded when transported. They are not required to be in a locked container unless within 1,000 feet of a K-12 school, where federal law mandates they be locked in a container or secured on a gun rack.

Defenses against charges for traveling with a loaded firearm in your car

When examining your case, your criminal defense attorney will review the available evidence and use it to build your defense strategy. Common defenses include:

The firearm was not loaded.
The defendant did not know the firearm was in their possession.
The defendant falls under one of the legal exemptions (e.g., peace officer, valid CCW holder).
The firearm was transported legally (unloaded and locked in a container).
Police didn’t have legal authority to search your vehicle.

It’s important to note that claiming self-defense is generally not a valid defense for transporting a loaded firearm in a motor vehicle.

Get legal help today

Facing criminal charges for transporting a loaded firearm in a car? You don’t have to go it alone.

With over 40 years of courtroom experience, recognized by Super Lawyers and the National Trial Lawyers Top 100, Robert M. Helfend is a Los Angeles criminal defense lawyer who specializes in cases like these.

Call 800-834-6434 for a free consultation.

Published December 4, 2024.