If you do not have a California License to Carry a Concealed Weapon (CCW), here is how to legally transport a firearm in your vehicle:
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
If you do not have a California License to Carry a Concealed Weapon (CCW), here is how to legally transport a firearm in your vehicle:
That is the short version. The rules below explain why the short version is correct, what counts as a "lawful purpose," what counts as a "locked container," what changes when you leave the vehicle, and what you cannot do under any circumstances. Every statute cited here was verified against the current Penal Code text.
California treats a vehicle as part of "public" space for carry purposes. Several statutes work together to make this point:
| What you are doing | Statute | Result |
|---|---|---|
| Carrying a concealed handgun in a vehicle under your control | Penal Code 25400 | Crime, unless you have a CCW or qualify for a transport exemption |
| Carrying a loaded firearm (handgun or long gun) on the person or in a vehicle in public | Penal Code 25850 | Crime, unless you have a CCW or another exemption |
| Carrying an exposed unloaded handgun inside or on a vehicle in a covered public area | Penal Code 26350 | Crime |
| Carrying an unloaded firearm that is not a handgun on the person outside a vehicle in a covered area | Penal Code 26400 | Crime |
Under Penal Code 25400(a)(1), a person is guilty of carrying a concealed firearm when the person "[c]arries concealed within any vehicle that is under the person's control or direction any pistol, revolver, or other firearm capable of being concealed upon the person." Penal Code 25400(a)(3) extends the offense to any occupant who causes a concealable firearm to be carried concealed within a vehicle in which the person is an occupant. Penal Code 25400(b) clarifies that "[a] firearm carried openly in a belt holster is not concealed within the meaning of this section," but an exposed belt-holstered handgun inside a vehicle still violates Penal Code 26350 (open carry of an unloaded handgun) unless it is loaded, in which case Penal Code 25850 applies. There is no carve-out for your own car.
Under Penal Code 25850(a), it is a crime to carry "a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city, city and county, or in any public place or on any public street in a prohibited area of an unincorporated area of a county or city and county." A round in the chamber, or a loaded magazine attached to the firearm, while the gun sits on the passenger seat triggers this statute even on a brief drive.
The unloaded open-carry statute, Penal Code 26350(a)(2), applies when a person "carries an exposed and unloaded handgun inside or on a vehicle, whether or not on his or her person" in a covered public area. You cannot lay an exposed unloaded handgun on the dashboard or hang it on a rack inside the vehicle and call that lawful.
The exemption that makes lawful handgun transport possible is Penal Code 25610. It provides that Penal Code 25400 (the concealed-carry crime) "shall not be construed to prohibit" transport by a U.S. citizen over 18 years of age who resides or is temporarily in California, who is not prohibited by state or federal law from possessing a firearm, and who transports a concealable firearm for any purpose specified in Penal Code Sections 25510 to 25595, provided that either of the following applies:
(a) The firearm is unloaded, within a motor vehicle, and locked in the vehicle's trunk or in a locked container in the vehicle.
(b) The firearm is unloaded, carried by the person directly to or from any motor vehicle, and, while carrying the firearm, the firearm is contained within a locked container.
(Penal Code 25610, as amended by Stats. 2023, Ch. 249, Sec. 8 (SB 2), effective January 1, 2024.)
Two operational consequences flow from this language:
Penal Code 25610 cross-references "any purpose specified in Sections 25510 to 25595, inclusive." Those sections enumerate the lawful purposes (target ranges, gun shows, repair shops, and similar). The practical list of lawful purposes is below.
Penal Code 16850 defines the term:
As used in this part, "locked container" means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term "locked container" does not include the utility or glove compartment of a motor vehicle.
(Penal Code 16850, as amended by Stats. 2014, Ch. 103, Sec. 5 (AB 1798), effective January 1, 2015.)
Read that definition carefully, because most students get tripped up here:
If you drive a sedan, the simplest compliant configuration is a hard case with a lock placed in the trunk. If you drive an SUV, hatchback, station wagon, or pickup, place the firearm inside a locked hard case in the cargo area. Pickup trucks have an additional option for unattended storage (a locked toolbox or utility box affixed to the bed) discussed under "Leaving the Vehicle" below.
Penal Code 25610 only protects transport for a purpose enumerated in Penal Code Sections 25510 to 25595. The most commonly used lawful purposes are:
Two practical points students miss:
Long guns are treated differently from handguns. The California Office of the Attorney General summarizes the rule:
Nonconcealable firearms (shotguns and rifles) are not generally covered within the provisions of California Penal Code section 25400 and therefore are not required to be transported in a locked container. However, as with any firearm, nonconcealable firearms must be unloaded while they are being transported.
(California OAG, "Transporting Firearms in California," oag.ca.gov/firearms/travel.)
Translated into a procedure:
A separate rule applies to registered assault weapons. Penal Code 30945(g) provides that a person who has registered an assault weapon or .50 BMG rifle may transport it only between the locations listed in Penal Code 30945 (or to a licensed dealer for service or repair), and only "if the assault weapon is transported as required by Sections 16850 and 25610." In other words, registered assault weapons must be unloaded and kept in a locked container or trunk during transport, which is stricter than the general long-gun rule. If you own a registered assault weapon, do not rely on the soft-case allowance that applies to ordinary rifles.
California law does not impose a separate statutory requirement that ammunition be physically separated from the firearm during ordinary transport under Penal Code 25610. The statute requires only that the firearm be unloaded and locked in the trunk or a locked container.
That said, two reasons support keeping ammunition separated in practice:
The clean instruction for students: unload the firearm, lock it in a container in the trunk, and put the ammunition in a separate container or a separate part of the vehicle.
If you are stopped while transporting a firearm, expect the officer to inspect it.
Under Penal Code 25850(b), peace officers are authorized to "examine any firearm carried by anyone on the person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory." That subdivision goes further:
Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.
(Penal Code 25850(b).)
Three points for students:
When you leave the vehicle, a separate set of rules takes over. Senate Bill 869 (Stats. 2016, Ch. 651) added Penal Code 25140, which governs handguns left in unattended vehicles. Senate Bill 1382 (Stats. 2018, Ch. 94) later amended the statute to add a fourth storage option and detailed definitions. The current text of Penal Code 25140(a) reads:
Except as otherwise provided in subdivision (b), a person shall, when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle's trunk, lock the handgun in a locked container and place the container out of plain view, lock the handgun in a locked container that is permanently affixed to the vehicle's interior and not in plain view, or lock the handgun in a locked toolbox or utility box.
(Penal Code 25140(a), as amended by Stats. 2018, Ch. 94, Sec. 1 (SB 1382), effective January 1, 2019.)
So there are four lawful configurations under Penal Code 25140(a):
A locked case sitting on the passenger seat in plain view does not satisfy this statute, even if the case itself is locked. Move it into the trunk, out of plain view, into a permanently affixed container, or into a locked toolbox.
The statute supplies precise definitions in Penal Code 25140(d)(1):
A violation of Penal Code 25140(a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000) (Penal Code 25140(c)).
Penal Code 25140(b) gives a narrow option to a peace officer leaving a handgun in an unattended vehicle that has no trunk: the officer may lock the handgun out of plain view within the vehicle's center utility console using a padlock, keylock, combination lock, or similar device. This option is limited to peace officers as defined in the statute.
Two cross-reference statutes confirm that the unattended-storage rule reaches everyone. Penal Code 25452 requires a peace officer or honorably retired peace officer, when leaving a handgun in an unattended vehicle, to secure it "pursuant to Section 25140." Penal Code 25612 imposes the same duty on any person leaving a handgun in an unattended vehicle. Both were added by SB 869 (2016).
Penal Code 25645 carves out a narrow exception: Penal Code Sections 25140 and 25400 "do not apply to, or affect, the transportation of unloaded firearms by a person operating a licensed common carrier or an authorized agent or employee thereof when the firearms are transported in conformance with applicable federal law."
California does not honor any out-of-state concealed carry permit (see the Reciprocity section of this guide for the statutory basis). If you are visiting California with a permit from another state, you are an unlicensed carrier in California for vehicle-transport purposes. You must follow the Penal Code 25610 transport rules:
You may not carry loaded under your home-state permit, even briefly, even in your own car parked in California. The Law Enforcement Officers Safety Act (LEOSA, 18 U.S.C. 926B and 926C) may authorize qualified active and retired law enforcement officers to carry under federal law, but ordinary out-of-state CCW holders have no such federal protection.
If you hold a valid California CCW issued by a county sheriff under Penal Code 26150 or a city police chief under Penal Code 26155, the unlicensed-transport restrictions in Penal Code 25610 do not constrain you in the same way. A CCW authorizes you to carry a concealed, loaded handgun, including in your vehicle, subject to the conditions printed on the license and to the sensitive-place restrictions in Penal Code 26230 (added by SB 2, effective January 1, 2024). Note that the scope of the Penal Code 26230 sensitive-places list has been heavily litigated (May v. Bonta and related cases), and portions have been enjoined and stayed at different points, so confirm the current enforceable status before relying on it. See the Prohibited Places section of this guide.
A few practical reminders for CCW holders:
The grading scheme depends on which statute you are charged under and on aggravators.
| Offense | Baseline grade | Aggravators that elevate |
|---|---|---|
| Penal Code 25400 (concealed firearm in vehicle or on person) | Misdemeanor: up to 1 year county jail and/or up to $1,000 fine | Prior felony or 16580 crime, stolen firearm, criminal street gang participation, prohibited-person status, or loaded/ammunition readily accessible while not the registered owner elevate to a felony or wobbler under 25400(c) |
| Penal Code 25850 (loaded firearm in public or in a vehicle) | Misdemeanor: up to 1 year county jail and/or up to $1,000 fine (25850(c)(7)) | Prior felony or 16580 crime, stolen firearm, gang participation, prohibited-person status, or not being the registered owner elevate the offense under 25850(c) |
| Penal Code 26350 (open carry of an exposed unloaded handgun, including inside or on a vehicle) | Misdemeanor | Elevated where the handgun and ammunition are in the person's immediate possession and the person is not in lawful possession; each handgun is a separate offense |
| Penal Code 26400 (carrying an unloaded firearm that is not a handgun on the person outside a vehicle) | Misdemeanor | Elevated where the firearm and ammunition are in immediate possession and the person is not in lawful possession; each firearm is a separate offense |
| Penal Code 25140 (unattended handgun in vehicle) | Infraction | Fine up to $1,000 |
Two specific points students should know:
Penal Code 25850(f) preserves prosecutorial flexibility: "Nothing in this section, or in Article 3 (commencing with Section 25900) or Article 4 (commencing with Section 26000), shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a greater penalty than this section." A traffic stop that turns up a firearm can produce charges beyond the carry statutes.
Follow these steps every time:
That sequence is the safe configuration whether you have a CCW or not, whether you are a California resident or visiting from out of state, and whether you are driving across town or across the state.
| Statute | Subject |
|---|---|
| Penal Code 25400 | Carrying a concealed firearm (in a vehicle or on the person) |
| Penal Code 25610 | Transport exemption: unloaded, plus locked container or trunk, for a listed purpose |
| Penal Code 25850 | Carrying a loaded firearm in public or in a vehicle; officer inspection authority |
| Penal Code 26350 | Open carry of an exposed unloaded handgun (on the person or inside or on a vehicle) |
| Penal Code 26400 | Carrying an unloaded firearm that is not a handgun on the person outside a vehicle |
| Penal Code 16850 | Definition of "locked container" |
| Penal Code 16840 | Definition of "loaded" |
| Penal Code 25140 | Unattended-vehicle handgun storage (added by SB 869; amended by SB 1382) |
| Penal Code 25452 | Unattended-vehicle storage applied to peace officers and retired peace officers |
| Penal Code 25612 | Unattended-vehicle storage applied to any person |
| Penal Code 25645 | Common-carrier exception to Sections 25140 and 25400 |
| Penal Code 30945 | Transport of registered assault weapons and .50 BMG rifles |
| Penal Code 11106 | Department of Justice firearm registry (referenced by Sections 25400 and 25850) |
| Penal Code 26230 | Sensitive places where a CCW licensee may not carry (heavily litigated) |
This page covers one part of our California concealed carry guide.
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