Tuesday, March 11, 2014

Rules for Possessing and Transporting Firearms in California

A few weeks ago, I wrote a piece about California's wacky approach to weapons laws.  If you read that post, available here, you already know that it's legal to keep a machete under the driver's seat of your car, but it's illegal to keep a baseball bat in your own home if the bat's intended use is as a weapon.  You can carry a 12-inch Bowie knife on your belt, but you can be arrested for keeping an extendable baton under your bed for self-defense.  Samurai swords are legal; nunchucks are not. You may carry this concealed upon your person, but not this.  I never said these rules made sense.

All these California laws about knives, clubs and martial arts weapons were so goofy, I decided to save firearms for another day.  Well, today is that day.

California has some of the most complicated, restrictive gun laws in the United States. To oversimplify things, here's a breakdown of the 3 main laws governing how and where you may possess firearms in California.  And of course, each of these rules contain exceptions, exemptions and caveats.  The Big Three laws regarding possession of firearms in California are as follows:

1) You may not carry a concealed (or "concealable") firearm in any public place or in the passenger area of your car (PC 25400).  Handguns must be locked and out of reach during transport.
2) You may not carry a loaded firearm within any incorporated city (PC 25850), and
3) You may not "open carry" any sort of firearm (handgun, rifle or shotgun) outside of your vehicle within any incorporated city (PC 26350 & PC 26400).  Since 2013, California is no longer an "open carry" state.  You may still, however, carry an unloaded rifle or shotgun in your vehicle, e.g. in a gun rack.

Of course, these rules make allowances for police officers, military personnel, and licensed security guards to carry firearms as necessary.  There are also some common-sense exceptions to allow for things like shooting competitions, hunting, target ranges, gun buy-back programs, licensed "concealed carry", etc.

Some of the exceptions are less intuitive, but still make sense.  For example, these rules do not apply inside your own residence, place of business or other property that you own or lawfully possess.  You may also transport an unloaded gun between any of those places.  "Residence" includes any temporary residence, such as a campsite or hotel room (you may possess loaded and concealed weapons while camping).  You may even carry a loaded / concealed gun at your office if you own the place or you have your boss's permission to do so.

PC 25400 does not apply while a person is fishing, but PC 25850 does.  Essentially, this means that you may carry a concealed weapon while fishing, but the gun may not be loaded within city limits.  If you are fishing outside of city limits, you may carry a loaded, concealed handgun.

As mentioned, this is a very oversimplified glance at some of the laws regarding possession of firearms in California.  The rules are complicated, but this should help give you a basic understanding of your rights and obligations as a gun owner in the Golden State.

If you or a loved one is accused of any crime involving firearms, call our office for a free consultation. 714 449 3335.  Ask for John.

Thanks for reading.

Orange County Gun Lawyer